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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
medical marijuana; pesticides; inspections; information
Purpose
Subject to voter approval, limits pesticide products used in cultivating medical marijuana. Authorizes the Department of Health Services (DHS) to inspect a nonprofit medical marijuana dispensary (dispensary) during normal business hours and requires DHS to share specified information with the Arizona Department of Revenue (ADOR) on request.
Background
In 2010, Arizona voters approved the Arizona Medical Marijuana Act to establish a regulatory system for dispensaries to possess, cultivate, manufacture, transport, supply, sell or dispense medical marijuana to a qualifying patient or designated caregiver. A dispensary must register with DHS and is subject to DHS inspection upon reasonable notice (A.R.S. §§ 36-2801; 36-2803; and 36-2804).
Beginning November 1, 2020, a dispensary must test medical marijuana and medical marijuana products to confirm the potency of the marijuana and determine unsafe levels of microbial contamination, heavy metals, pesticides, herbicides, fungicides, growth regulators and residual solvents (A.R.S. § 36-2803).
Federal law exempts minimum risk pesticide products from regulation under the Federal Insecticide, Fungicide and Rodenticide Act. To qualify for the minimum risk pesticides exemption, the product must: 1) only include any one or combination of the outlined active or inert ingredients; 2) list all ingredients on the product label; 3) not claim to control or mitigate microorganisms that pose a threat to human health or insects or rodents carrying specific diseases; 4) display company and producer information; and 5) not include false or misleading statements (40 C.F.R. § 152.25(f)).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Replaces the requirement that DHS provide reasonable notice of an inspection to a dispensary with authorization for DHS to inspect a dispensary during normal business hours to determine compliance with the Arizona Medical Marijuana Act and related rules.
2. Limits, beginning November 1, 2020, pesticide products a dispensary may use in cultivating medical marijuana to pesticide products exempt from federal regulation under the Minimum Risk Exemption Regulations.
3. Requires DHS, on request, to share with ADOR information regarding a registered dispensary, including:
a) the dispensary name, registry identification number and physical address;
b) the cultivation site and transaction privilege tax license number; and
c) information about the supplier and all sales data.
4. Prohibits DHS from sharing specific information collected from the dispensary regarding registered qualifying patients.
5. Designates this legislation as the Medical Marijuana Reform Act.
6. Makes technical changes.
7. Requires the Secretary of State to submit the proposition to the voters at the next general election.
8. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 11, 2020
LB/gs