(Sections 3‑101, 3‑109.03, 3‑145, 3‑201, 3‑231, 3‑364 and Sec. 7 – failed to obtain the three‑fourths vote pursuant to article IV, part 1, section 1, Constitution of Arizona.)
Senate Engrossed |
State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
|
SENATE BILL 1137 |
|
|
AN ACT
amending section 3‑101, Arizona Revised Statutes; Amending title 3, chapter 1, article 1, Arizona Revised Statutes, by adding section 3‑109.03; amending sections 3‑145, 3‑201, 3‑231 and 3‑364, Arizona Revised Statutes; appropriating monies; relating to medical marijuana.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 3-101, Arizona Revised Statutes, is amended to read:
3-101. Definitions
In
this title, unless the context otherwise requires:
1. "Department"
means the Arizona department of agriculture.
2. "Designated caregiver" has the
same meaning prescribed in section 36‑2801.
2. 3. "Director"
means the director of the department.
4. "marijuana" has the same meaning
prescribed in section 36‑2801.
5. "medical use" has the same
meaning prescribed in section 36‑2801.
6. "nonprofit medical marijuana
dispensary" has the same meaning prescribed in section 36‑2801.
Sec. 2. Subject
to the requirements of article IV, part 1, section 1, Constitution of Arizona,
title 3, chapter 1, article 1, Arizona Revised Statutes, is amended by adding
section 3-109.03, to read:
3-109.03. Marijuana for medical use;
agricultural commodity; rules; allowable pesticide products
Marijuana that is
cultivated for medical use by a nonprofit medical marijuana dispensary or a
designated caregiver is an agricultural commodity as defined in rule by the
department and, beginning June 1, 2020, is subject to regulation under this
title and the rules adopted pursuant to this title. The director may
adopt any rules necessary relating to the cultivation of marijuana for medical
use and required testing by independent third‑party laboratories of
marijuana that is cultivated by a nonprofit medical marijuana dispensary or a
designated caregiver for medical use. Only pesticide products that are exempt
from federal regulation under the minimum risk exemption regulations in 40 Code
of Federal Regulations 152.25(f) may be used in cultivating marijuana for
medical use.
Sec. 3. Subject
to the requirements of article IV, part 1, section 1, Constitution of Arizona,
section 3-145, Arizona Revised Statutes, is amended to read:
3-145. Mandatory and voluntary certification;
sampling procedures; application; immunity; expiration; renewal
A. A person who
that establishes,
conducts or maintains a laboratory that provides agricultural laboratory
services to agencies or departments of this state or its political subdivisions
shall apply for a certificate from the state agricultural laboratory as proof
that the laboratory so certified is in compliance with rules adopted by the
director for the certification of such laboratories. Any other
person providing agricultural laboratory services may apply for such a
certificate.
B. A person providing
guaranteed laboratory analysis information to distributors of commercial feed
and whole seeds for consumption by livestock shall be certified under this
section.
C. An individual who
collects samples for the state agricultural laboratory or for any certified
agricultural laboratory shall follow the sampling procedures established by the
director.
D. A
person that provides laboratory analysis of marijuana cultivated for medical
use shall apply for a certificate from the state agricultural
laboratory. the director shall adopt rules for certifying
laboratories that analyze marijuana cultivated for medical use, including the
required sampling and testing of marijuana. A laboratory that is
certified to analyze marijuana:
1. Shall
report the test results only to the nonprofit medical marijuana dispensary or
designated caregiver that cultivates the marijuana, the department of health
services and the state agricultural laboratory.
2. May
not have any familial or financial relationship with or interest in a nonprofit
medical marijuana dispensary or designated caregiver for which the laboratory
is testing marijuana for medical use.
E. Notwithstanding
title 13, chapter 34, an employee of the Arizona department of agriculture or
an employee of any contracted third‑party testing facility may not be
charged with or prosecuted for possession of any amount of marijuana that is
cultivated for medical use and that the employee is using as a sample for
testing as required by this section and rules adopted pursuant to this title.
D. F. A certified laboratory shall report test
results only to the party who provided that
provides the original sample and, on request, to the state
agricultural laboratory or as required by section 3‑2611.01.
E. G. A person who that desires a certificate
pursuant to this section shall file with the state agricultural laboratory an
application for a certificate accompanied by the application fee.
F. H. The application shall be on a form prescribed
by the assistant director and furnished by the state agricultural laboratory
and shall contain:
1. The name and
location of the laboratory.
2. The name of the
person owning the laboratory and the name of the person supervising the
laboratory.
3. A description of
the programs, services and functions provided by the laboratory.
4. Such other
information as the assistant director deems necessary to carry out the purposes
of this section.
G. I. The assistant director shall issue a
certificate to an applicant if the assistant director is satisfied that the
applicant has complied with the rules prescribing standards for certified
laboratories.
H. J. A certificate expires one year after the date
of issuance and shall be renewed upon on payment of the renewal application fee
as prescribed in section 3‑146 and continued compliance with this article
and the applicable rules.
Sec. 4. Subject
to the requirements of article IV, part 1, section 1, Constitution of Arizona,
section 3-201, Arizona Revised Statutes, is amended to read:
3-201. Definitions
In this article, unless the
context otherwise requires:
1. "Associate
director" means the associate director of the division.
2. "Diseases"
includes any fungus, bacterium, virus or other organism of any kind and any
unknown cause that is or may be found to be injurious, or likely to be or to
become injurious to any domesticated or cultivated plant, or to the product of
any such plant.
3. "Division"
means the plant services division of the Arizona department of agriculture.
4. "Noxious
weed" means any species of plant that is, or is liable to be, detrimental
or destructive and difficult to control or eradicate and shall include includes any species that
the director, after investigation and hearing, shall determine
determines to be a
noxious weed.
5. "Nursery"
means real property or other premises on or in which nursery stock is
propagated, grown or cultivated or from which source nursery
stock is offered for distribution or sale.
6. "Nursery
stock" includes all trees, shrubs, vines, cacti, agaves, succulents,
herbaceous plants whether annuals, biennials or perennials, bulbs, corms,
rizomes, roots, decorative plant material, flowers, fruit pits or seeds,
cuttings, buds, grafts, scions and other plants intended for sale, gift or
propagation, either cultivated or collected in the wild, except seeds as
regulated by article 2 of this chapter, fruit and vegetables regulated by
chapter 3, articles 2 and 4 of this title and cotton plants.
7. "Pests"
includes all noxious weeds, insects, diseases, mites, spiders, nematodes and
other animal or plant organisms found to
be injurious, or likely to be or to become injurious, to any
domesticated, cultivated, native or wild plant, or to the product of any such
plant.
8. "Plant"
or "crop" includes:
(a) Every
kind of vegetation, whether wild
or domesticated, and any part thereof of that vegetation, as well as seed, fruit
or other
another natural
product of such
that vegetation.
(b) Marijuana
that is cultivated for medical use by a nonprofit medical marijuana dispensary
or a designated caregiver.
9. "Shipment"
includes anything that is brought into the this state or that is transported within the
this state and that
may be the host or may contain or carry or may be susceptible of containing,
carrying or having present on, in or about it any plant pest or plant disease.
Sec. 5. Subject
to the requirements of article IV, part 1, section 1, Constitution of Arizona,
section 3-231, Arizona Revised Statutes, is amended to read:
3-231. Definitions
In this article, unless the
context otherwise requires:
1. "Advertisement"
means all representations, other than those on the label, made in any manner
relating to seed within the scope of this article.
2. "Agricultural
seed":
(a) Means
the seeds of grass, forage, cereal, and fiber crops and any
other kinds of seeds commonly recognized within this state as agricultural
seeds, lawn seeds and mixtures of such seeds., and
(b) May
include noxious-weed seeds when if the
department determines that such the seed
is being used as agricultural seed.
(c) Includes
seeds of marijuana that a nonprofit medical marijuana dispensary or a
designated caregiver cultivates for medical use.
3. "Cease and
desist order" means an administrative order that is provided by law restraining the
sale, use, disposition and movement of a definite amount of seed.
4. "Certified
seed" or "registered seed" means seed that has been produced and
labeled in accordance with the procedures and in compliance with the rules and
regulations of an officially recognized seed-certifying agency.
5. "Custom
application" means an application of pesticide to a seed by a pesticide
applicator who
that does not hold
title to the seed.
6. "Dealer"
means any person who
that sells seed.
7. "Division"
means the environmental services division of the Arizona department of
agriculture.
8. "Established
plant, warehouse, or place of business" means any permanent office
headquarters maintained by an importer, broker, seller or authorized
manufacturer's agent, or any permanent warehouse, building or structure in or
from which a permanent business is operated, at which stocks of agricultural
seed, vegetable seed or ornamental plant seed regulated by this article are
sold, distributed, processed, mixed, stored or kept.
9. "Hybrid"
means the first generation seed of a crossbreed that is produced by controlling pollination
and by combining two or more inbred lines, or one inbred or a single crossbreed
with an open pollinated variety, or two varieties or species, except open
pollinated varieties of corn (zea mays). The second generation, or
subsequent generations from such crosses, shall not be regarded as crosses. Hybrid
designations shall be treated as variety names. Any kinds or
varieties that have pure seed which that is less than ninety‑five per cent
percent but more than
seventy‑five per cent percent
hybrid seed as a result of incompletely controlled pollination in
a cross shall be labeled to show the percentage of pure seed that is hybrid
seed,
or shall be labeled with a statement such as "contains from seventy‑five
per cent
percent to ninety‑five
per cent
percent hybrid
seed". No one kind of seed shall be labeled as hybrid if the
pure seed contains less than seventy-five per cent percent hybrid seed.
10. "Inoculant"
means a commercial preparation containing nitrogen‑fixing bacteria that
is applied to seed.
11. "Kind"
means one or more related species or subspecies which that singly or collectively
are known by one common name, such as corn, oats, alfalfa and timothy.
12. "Label"
means any label or other written, printed or graphic representations, in any
form whatsoever, accompanying or pertaining to any seed whether in bulk or in
containers and includes representations or invoices.
13. "Labeler"
means any person whose name and address appear on the label pertaining to or
attached to a lot or container of agricultural, vegetable or ornamental plant
seed that is sold,
offered for sale, exposed for sale or transported for sowing purposes.
14. "License"
means an Arizona state seed license that is obtained from the department.
15. "Lot"
means a definite quantity of seed that
is identified by a lot number or other mark, every portion or bag
of which is uniform within recognized tolerances for the factors which that appear in the labeling.
16. "Noxious-weed
seeds" means "prohibited noxious-weed seeds" and "restricted
noxious-weed seeds" as defined as
follows and the
following as listed in the rules adopted under this article: .
(a) "Prohibited
noxious-weed seeds", which
are the seeds of perennial or annual weeds which that, when established, are
highly destructive and difficult to control by ordinary good cultural practice
and the seed of which is prohibited by this article subject to recognized
tolerances.
(b) "Restricted
noxious-weed seeds", which
are all noxious-weed seed not classified as prohibited noxious-weed seed.
17. "Ornamental
plant seed" means the seed of any plant that is used for decorative or ornamental
purposes and includes flower seed.
18. "Person"
means any individual, partnership, corporation, company, society or
association.
19. "Pure
seed", "germination" and other seed labeling and testing terms
in common usage shall be defined as in the federal seed act (53 Stat.
1275; 7 United States Code sections 1551 through 1611) and the rules and
regulations promulgated under that act.
20. "Record"
means all information relating to the shipment or shipments involved and
includes a file sample of each lot of seed.
21. "Sell"
means to offer for
sale, expose for sale, possess for sale, exchange, barter or trade.
22. "Treated"
means that the seed has received an application of a substance or process that
is designed to reduce, control or repel certain disease organisms, insects or
other pests attacking such seeds or seedlings growing from the seeds.
23. "Type"
means either a group of varieties so similar that the individual varieties
cannot be clearly differentiated except under special conditions or, when used
with a variety name, seed of the variety named, which may be mixed with seed of other
varieties of the same kind and of similar character. If type is
designated, the designation may be associated with the name of the kind but in
all cases shall be clearly associated with the word
"type". If the type designation does not include a variety
name, it shall include a name that describes a group of varieties of similar character,
and the pure seed shall be at least ninety per cent percent of one or more
varieties that all of which
conform to the type designation.
24. "Variety"
means a subdivision of a kind characterized by growth, yield, plant, fruit,
seed or other characteristics by which it can be differentiated from other
plants of the same kind.
25. "Vegetable
seeds" means seeds of those crops which that are grown in gardens and on truck
farms and that are
generally known and sold under the name of vegetable seeds in this state.
26. "Weed
seeds" means the seeds of all plants that are generally recognized as weeds
within this state and includes noxious-weed seeds.
Sec. 6. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 3-364, Arizona Revised Statutes, is amended to read:
3-364. Inspection powers; notification
requirements
A. The director may
enter at reasonable times into or on or through any public or private property for the purpose of
ascertaining to
determine compliance or noncompliance with any rules or orders
adopted or issued under this article. If practicable, and if notice will not
inhibit the director's ability to enforce this article, the director or the
director's agent shall notify the owner, operator or lessee of the property
when entering on the property.
B. The
director may enter at reasonable times into or on private property where marijuana
is cultivated for medical use to determine compliance or noncompliance with any
rules or orders adopted or issued under this title. If practicable,
and if notice will not inhibit the director's ability to enforce this article,
the director or the director's agent shall notify the nonprofit medical
marijuana dispensary or the designated caregiver when entering on the property.
B. C. Within five days after the inspection, the director shall inform
any alleged violator in writing if the director anticipates an enforcement
action. The notice of a potential enforcement action shall indicate
the nature of the alleged violation and the last possible date for issuing a
citation under section 3‑368, subsection F. If in the course
of an investigation the department identifies any additional alleged violator,
the director shall inform the additional alleged violator within five days of
after initiating the
new investigation. The notice of a potential enforcement action
against the additional alleged violator shall indicate the nature of the
alleged violation and the last possible date for issuing a citation or notice
of de minimis violation under section 3‑368, subsection F. If
the director does not issue a notice of a potential enforcement action, the
director shall inform the alleged violator within fifteen days after the
inspection that the director does not anticipate any enforcement action.
Sec. 7. Appropriation; Arizona department of
agriculture; medical marijuana fund; exemption
A. Subject to the
requirements of article IV, part 1, section 1, Constitution of Arizona, the sum
of $2,000,000 is appropriated from the medical marijuana fund established by
section 36‑2817, Arizona Revised Statutes, in fiscal year 2019‑2020
to the Arizona department of agriculture to regulate marijuana as an
agricultural commodity.
B. The appropriation
made in subsection A of this section is exempt from the provisions of section
35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
(REQUIREMENTS FOR ENACTMENT NOT ENACTED)
Sec. 8. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 3‑101, Arizona Revised Statutes, as amended by this act, section 3‑109.03, Arizona Revised Statutes, as added by this act, sections 3‑145, 3‑201, 3‑231 and 3‑364, Arizona Revised Statutes, as amended by this act, and section 7 of this act are effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.