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REFERENCE TITLE: medical marijuana; fingerprinting; enforcement |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SCR 1021 |
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Introduced by Senator Borrelli
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A CONCURRENT RESOLUTION
Enacting and ordering the submission to the people a measure relating to the Arizona medical marijuana act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to the Arizona medical marijuana act, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
Amending sections 36‑2801, 36‑2804, 36‑2804.01, 36‑2804.06, 36‑2806, 36‑2810, 36‑2816 and 36‑2819, Arizona Revised Statutes; amending title 36, chapter 28.1, Arizona Revised Statutes, by adding section 36‑2820; relating to the Arizona medical marijuana act.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2801, Arizona Revised Statutes, is amended to read:
36-2801. Definitions
In this chapter, unless the context otherwise requires:
1. "Allowable amount of marijuana":
(a) With respect to a qualifying patient, the "allowable amount of marijuana" means:
(i) Two-and-one-half Two and one-half ounces of usable marijuana. ; and
(ii) If the qualifying patient's registry identification card states that the qualifying patient is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the qualifying patient is moving.
(b) With respect to a designated caregiver, the "allowable amount of marijuana" for each patient assisted by the designated caregiver under this chapter, means:
(i) Two-and-one-half Two and one-half ounces of usable marijuana. ; and
(ii) If the designated caregiver's registry identification card provides that the designated caregiver is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the designated caregiver is moving.
(c) Does not include marijuana that is incidental to medical use, but is not usable marijuana as defined in this chapter, shall not be counted toward a qualifying patient's or designated caregiver's allowable amount of marijuana.
2. "Cardholder" means a qualifying patient, a designated caregiver or a nonprofit medical marijuana dispensary agent who has been issued and possesses a valid registry identification card.
3. "Debilitating medical condition" means one or more of the following:
(a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, or agitation of Alzheimer's disease or the treatment of these conditions.
(b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
(i) Cachexia or wasting syndrome. ;
(ii) Severe and chronic pain. ;
(iii) Severe nausea. ;
(iv) Seizures, including those characteristic of epilepsy. ; or
(v) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
(c) Any other medical condition or its treatment added by the department pursuant to section 36‑2801.01.
4. "Department" means the Arizona department of health services or its successor agency.
5. "Designated caregiver" means a person who:
(a) Is at least twenty‑one years of age.
(b) Has agreed to assist with a patient's medical use of marijuana.
(c) Has not been convicted of an excluded felony offense a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
(d) Assists no not more than five qualifying patients with the medical use of marijuana.
(e) May receive reimbursement for actual costs incurred in assisting a registered qualifying patient's medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the department's registration process. The designated caregiver may not be paid any fee or compensation for his service as a caregiver. Payment for costs under this subdivision shall does not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4.
6. "Enclosed, locked facility" means a closet, room, greenhouse or other enclosed area that is equipped with locks or other security devices that permit access only by a cardholder.
7. "Excluded felony offense" means:
(a) A violent crime as defined in section 13-901.03, subsection B, that was classified as a felony in the jurisdiction where the person was convicted.
(b) A violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted but does not include:
(i) An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier.
(ii) An offense involving conduct that would be immune from arrest, prosecution or penalty under section 36-2811, except that the conduct occurred before the effective date of this chapter or was prosecuted by an authority other than the state of Arizona.
8. 7. "Marijuana" means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.
9. 8. "Medical use" means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.
11. 9. "Nonprofit medical marijuana dispensary" means a not‑for‑profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. A nonprofit medical marijuana dispensary may receive payment for all expenses incurred in its operation.
10. "Nonprofit medical marijuana dispensary agent" means a principal officer, board member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
12. 11. "Physician" means a doctor of medicine who holds a valid and existing license to practice medicine pursuant to title 32, chapter 13 or its successor, a doctor of osteopathic medicine who holds a valid and existing license to practice osteopathic medicine pursuant to title 32, chapter 17 or its successor, a naturopathic physician who holds a valid and existing license to practice naturopathic medicine pursuant to title 32, chapter 14 or its successor or a homeopathic physician who holds a valid and existing license to practice homeopathic medicine pursuant to title 32, chapter 29 or its successor.
13. 12. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.
14. 13. "Registry identification card" means a document issued by the department that identifies a person as a registered qualifying patient, a registered designated caregiver or a registered nonprofit medical marijuana dispensary agent.
15. 14. "Usable marijuana":
(a) Means the dried flowers of the marijuana plant, and any mixture or preparation thereof. , but
(b) Does not include:
(i) The seeds, stalks and roots of the plant. and does not include
(ii) The weight of any non‑marijuana ingredients combined with marijuana and prepared for consumption as food or drink.
16. 15. "Verification system" means a secure, password-protected, web‑based system that is established and maintained by the department and that is available to law enforcement personnel and nonprofit medical marijuana dispensary agents on a twenty-four hour twenty‑four‑hour basis for verification of registry identification cards.
17. 16. "Visiting qualifying patient" means a person:
(a) Who is not a resident of Arizona or who has been a resident of Arizona less than thirty days.
(b) Who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person's residence or, in the case of a person who has been a resident of Arizona less than thirty days, the state of the person's former residence.
18. 17. "Written certification" means a document dated and signed by a physician, stating that in the physician's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. The physician must:
(a) Specify the qualifying patient's debilitating medical condition in the written certification.
(b) Sign and date the written certification only in the course of a physician-patient relationship after the physician has completed a full assessment of the qualifying patient's medical history.
Sec. 2. Section 36-2804, Arizona Revised Statutes, is amended to read:
36-2804. Registration and certification of nonprofit medical marijuana dispensaries
A. Nonprofit medical marijuana dispensaries shall register with the department.
B. Not later than ninety days after receiving an application for a nonprofit medical marijuana dispensary, the department shall register the nonprofit medical marijuana dispensary and issue a registration certificate and a random 20-digit twenty-digit alphanumeric identification number if:
1. The prospective nonprofit medical marijuana dispensary has submitted the following:
(a) The application fee.
(b) An application, including:
(i) The legal name of the nonprofit medical marijuana dispensary.
(ii) The physical address of the nonprofit medical marijuana dispensary and the physical address of one additional location, if any, where marijuana will be cultivated, neither of which may be within five hundred feet of a public or private school existing before the date of the nonprofit medical marijuana dispensary application.
(iii) The name, address and date of birth of each principal officer and board member of the nonprofit medical marijuana dispensary.
(iv) The name, address and date of birth of each nonprofit medical marijuana dispensary agent.
(c) Operating procedures consistent with department rules for oversight of the nonprofit medical marijuana dispensary, including procedures to ensure accurate record-keeping recordkeeping and adequate security measures.
(d) If the city, town or county in which the nonprofit medical marijuana dispensary would be located has enacted zoning restrictions, a sworn statement certifying that the registered nonprofit medical marijuana dispensary is in compliance with the restrictions.
(e) for renewal applications, documentation that all state and local tax deficiencies are paid or temporarily released.
2. None Each of the principal officers or board members has been convicted of an excluded felony offense a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
3. None of the principal officers or board members has served as a principal officer or board member for a registered nonprofit medical marijuana dispensary that has had its registration certificate revoked.
4. None of the principal officers or board members is under twenty‑one years of age.
C. The department may not issue more than one nonprofit medical marijuana dispensary registration certificate for every ten pharmacies that have registered under section 32‑1929, have obtained a pharmacy permit from the Arizona state board of pharmacy and operate within the state except that the department may issue nonprofit medical marijuana dispensary registration certificates in excess of this limit if necessary to ensure that the department issues at least one nonprofit medical marijuana dispensary registration certificate in each county in which an application has been approved.
D. The department may conduct a criminal records check in order to carry out this section.
Sec. 3. Section 36-2804.01, Arizona Revised Statutes, is amended to read:
36-2804.01. Registration of nonprofit medical marijuana dispensary agents; notices; civil penalty; classification
A. A nonprofit medical marijuana dispensary agent shall be registered with the department before volunteering or working at a nonprofit medical marijuana dispensary.
B. A nonprofit medical marijuana dispensary may apply to the department for a registry identification card for a nonprofit medical marijuana dispensary agent by submitting:
1. The name, address and date of birth of the prospective nonprofit medical marijuana dispensary agent.
2. A nonprofit medical marijuana dispensary agent application.
3. A statement signed by the prospective nonprofit medical marijuana dispensary agent pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
4. The application fee.
5. A copy of a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
C. A registered nonprofit medical marijuana dispensary shall notify the department within ten days after a nonprofit medical marijuana dispensary agent ceases to be employed by or volunteer at the registered nonprofit medical marijuana dispensary.
D. No person who has been convicted of an excluded felony offense A person without a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 may not be a nonprofit medical marijuana dispensary agent.
E. The department may conduct a criminal records check in order to carry out this section.
Sec. 4. Section 36-2804.06, Arizona Revised Statutes, is amended to read:
36-2804.06. Expiration and renewal of registry identification cards and registration certificates; replacement
A. All registry identification cards and registration certificates expire one year two years after their date of issue.
B. A The department shall cancel The registry identification card of a nonprofit medical marijuana dispensary agent shall be cancelled and his shall deactivate the agent's access to the verification system shall be deactivated upon on notification to the department by a registered nonprofit medical marijuana dispensary that the nonprofit medical marijuana dispensary agent is no longer employed by or no longer volunteers at the registered nonprofit medical marijuana dispensary.
C. The department shall issue a renewal nonprofit medical marijuana dispensary registration certificate shall be issued within ten days of after receipt of the prescribed renewal application and renewal fee from a registered nonprofit medical marijuana dispensary if its the dispensary's registration certificate is not under suspension and has not been revoked.
D. If A cardholder who loses his the cardholder's registry identification card, he shall promptly notify the department. Within five days of after the notification, and upon on payment of a ten dollar $10 fee, the department shall issue a new registry identification card with a new random identification number to the cardholder and, if the cardholder is a registered qualifying patient, to the registered qualifying patient's registered designated caregiver, if any.
Sec. 5. Section 36-2806, Arizona Revised Statutes, is amended to read:
36-2806. Registered nonprofit medical marijuana dispensaries; requirements
A. A registered nonprofit medical marijuana dispensary shall be operated on a not-for-profit basis. The bylaws of a registered nonprofit medical marijuana dispensary shall contain such provisions relative to the disposition of revenues and receipts to establish and maintain its nonprofit character. A registered nonprofit medical marijuana dispensary need not be recognized as tax-exempt by the internal revenue service and is not required to incorporate pursuant to title 10, chapter 19, article 1.
B. The operating documents of a registered nonprofit medical marijuana dispensary shall include procedures for the oversight of the registered nonprofit medical marijuana dispensary and procedures to ensure accurate recordkeeping.
C. A registered nonprofit medical marijuana dispensary shall have a single secure entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
D. A registered nonprofit medical marijuana dispensary is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to assist registered qualifying patients with the medical use of marijuana directly or through the registered qualifying patients' designated caregivers.
E. All cultivation of marijuana must take place in an enclosed, locked facility, at a physical address provided to the department during the registration process, which that can only be accessed only by registered nonprofit medical marijuana dispensary agents associated in the registry with the nonprofit medical marijuana dispensary.
F. A registered nonprofit medical marijuana dispensary may acquire usable marijuana or marijuana plants from a registered qualifying patient or a registered designated caregiver only if the registered qualifying patient or registered designated caregiver receives no compensation for the marijuana.
G. A nonprofit medical marijuana dispensary shall not permit allow any person to consume marijuana on the property of a the nonprofit medical marijuana dispensary.
H. Registered nonprofit medical marijuana dispensaries are subject to reasonable inspection by the department. The department shall give reasonable notice of an inspection may inspect a dispensary under this subsection during normal business hours.
Sec. 6. Section 36-2810, Arizona Revised Statutes, is amended to read:
36-2810. Confidentiality
A. Except as provided in subsection G of this section, the following information received and records kept by the department for purposes of administering this chapter are confidential, exempt from title 39, chapter 1, article 2, exempt from section 36‑105 and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the department to perform official duties of the department pursuant to this chapter:
1. Applications or renewals, their contents and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and physicians.
2. Applications or renewals, their contents and supporting information submitted by or on behalf of nonprofit medical marijuana dispensaries in compliance with this chapter, including the physical addresses of nonprofit medical marijuana dispensaries.
3. The individual names and other information identifying persons to whom the department has issued registry identification cards.
B. Any dispensing information required to be kept under section 36‑2806.02, subsection B or department regulation shall identify cardholders by their registry identification numbers and not contain names or other personally identifying information.
C. Any department hard drives or other data recording media that are no longer in use and that contain cardholder information must be destroyed. The department shall retain a signed statement from a department employee confirming the destruction.
D. except for public health research, data subject to this section shall not be combined or linked in any manner with any other list or database and shall not be used for any purpose not provided for in this chapter.
E. This section does not preclude the following notifications:
1. Department employees may notify law enforcement about falsified or fraudulent information submitted to the department if the employee who suspects that falsified or fraudulent information has been submitted has conferred with the employee's supervisor and both agree that the circumstances warrant reporting.
2. The department may notify state or local law enforcement about apparent criminal violations of this chapter if the employee who suspects the offense has conferred with the employee's supervisor and both agree that the circumstances warrant reporting.
3. Nonprofit medical marijuana dispensary agents may notify the department of a suspected violation or attempted violation of this chapter or department rules.
4. The department may notify the Arizona medical board, the Arizona board of osteopathic examiners in medicine and surgery, the naturopathic physicians medical board and the board of homeopathic and integrated medicine examiners if the department believes a physician has committed an act of unprofessional conduct as prescribed by the appropriate board's statutes because of the licensee's failure to comply with the requirements of this chapter or rules adopted pursuant to this chapter.
F. This section does not preclude submission of the section 36‑2809 report to the legislature. The annual report submitted to the legislature is subject to title 39, chapter 1, article 2.
G. The department may notify the public of inspection and compliance information for a nonprofit medical marijuana dispensary, including the name and address of the dispensary and any complaints and enforcement actions against the dispensary.
Sec. 7. Section 36-2816, Arizona Revised Statutes, is amended to read:
36-2816. Violations; classification; civil penalty; enforcement
A. A registered qualifying patient may not directly, or through his the patient's designated caregiver, obtain more than two-and-one-half two and one-half ounces of marijuana from registered nonprofit medical marijuana dispensaries in any fourteen-day period.
B. A registered nonprofit medical marijuana dispensary or agent may not dispense, deliver or otherwise transfer marijuana to a person other than another registered nonprofit medical marijuana dispensary, a registered qualifying patient or a registered qualifying patient's registered designated caregiver.
C. A registered nonprofit medical marijuana dispensary may not acquire usable marijuana or mature marijuana plants from any person other than another registered nonprofit medical marijuana dispensary, a registered qualifying patient or a registered designated caregiver. A knowing violation of this subsection is a class 2 felony.
D. It is a class 1 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter.
E. Making false statements to a law enforcement official about any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution is subject to a civil penalty of not more than five hundred dollars $500, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this chapter.
F. The director may deny, suspend or revoke, in whole or in part, any registration issued under this chapter if the registered party or an officer, agent or employee of the registered party does either of the following:
1. Violates this chapter or any rule adopted pursuant to this chapter.
2. Has been, is or may continue to be in substantial violation of the requirements for registration and as a result the health or safety of the general public is in immediate danger.
G. In addition to any other penalties authorized by this chapter, the director may assess a civil penalty against a person that violates this chapter or any rule adopted pursuant to this chapter in an amount not to exceed $5,000 for each violation. Each day a violation occurs constitutes a separate violation. The maximum amount of any assessment is $25,000 for any thirty‑day period.
H. The director shall issue a notice of assessment that includes the proposed amount of the assessment. In determining the amount of a civil penalty assessed against a person under subsection G of this section, the department shall consider all of the following:
1. Repeated violations of this chapter or the rules adopted pursuant to this chapter.
2. Patterns of noncompliance.
3. The types of violations.
4. The severity of the violations.
5. The potential for and occurrences of actual harm.
6. Threats to health and safety.
7. The number of violations.
8. The number of persons affected by the violations.
9. The length of time the violations have been occurring.
Sec. 8. Section 36-2819, Arizona Revised Statutes, is amended to read:
36-2819. Fingerprinting requirements
Each person applying as a designated caregiver, a principal officer, agent or employee of a nonprofit medical marijuana dispensary or a nonprofit medical marijuana dispensary agent shall submit a full set of fingerprints to the department of health services for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation without disclosing that the records check is related to the medical marijuana act and acts permitted by it. The department shall destroy each set of fingerprints after the criminal records check is completed. a designated caregiver, a principal officer, agent or employee of a nonprofit medical marijuana dispensary or a nonprofit medical marijuana dispensary agent must possess and maintain a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
Sec. 9. Title 36, chapter 28.1, Arizona Revised Statutes, is amended by adding section 36-2820, to read:
36-2820. Fingerprint clearance card; definition
A. Pursuant to sections 41‑1758.01 and 41‑1758.07, the fingerprint division of the department of public safety shall conduct fingerprint background checks on persons and applicants who are required to possess and maintain a valid fingerprint clearance card pursuant to section 36‑2819 and perform all the duties required when issuing a fingerprint clearance card.
B. For the purposes of title 41, chapter 3, article 12 and title 41, chapter 12, article 3.1, "person" includes a person who is required to possess and maintain a valid fingerprint clearance card pursuant to section 36‑2819.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.