ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: HHS DP 9-0-0-0 | 3^rd Read 57-0-3-0 Senate: HHS DPA 8-0-0-0 | 3^rd Read 29-1-0-0

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HB 2303: marijuana; laboratories; proficiency testing

Sponsor:  Representative Friese, LD 9

Senate Engrossed

Overview

Requires, beginning January 1, 2024, the Arizona Department of Health Services (DHS) to conduct proficiency testing and remediate problems with independent third-party laboratories and marijuana testing facilities.

History

Under current law, DHS is permitted to conduct proficiency testing and remediate problems with certified independent third-party laboratories. Remediation may include assessing civil penalties and suspending or revoking a laboratory's certification. (A.R.S. § 36-2803)

The Medical Marijuana Fund (Fund) was established in 2010 through the voter-approved initiative measure, Proposition 203. The Fund consists of collected fees, imposed civil penalties and private donations received. DHS is required to administer the Fund and Fund monies are continuously appropriated. (A.R.S. § 36-2817)

A marijuana testing facility is defined as either DHS or another entity that is licensed by DHS to analyze the potency of marijuana and test marijuana for harmful contaminants. (A.R.S. § 36-2850)

Provisions

1. Requires DHS, beginning January 1, 2024, to conduct proficiency testing and remediate problems with certified independent third-party laboratories and licensed marijuana testing facilities. (Sec. 1)

2. Specifies that remediation can include suspending or revoking a marijuana testing facility's license. (Sec. 1)

3. Allows the Director of DHS (Director) to use monies in the Fund to renovate the state laboratory to comply with proficiency testing requirements for independent third-party laboratories and marijuana testing facilities. (Sec. 2)

4. Makes technical changes. (Sec. 1 and 2)

5. Contains a Proposition 105 clause. (Sec.3)

Senate Amendments

1. Requires DHS, beginning January 1, 2023, to conduct proficiency testing and remediate problems with certified independent third-party laboratories and licensed marijuana testing facilities.

2. Continues to permit DHS, through December 21, 2022, to conduct proficiency testing and remediation.

3. Allows DHS to contract for proficiency testing with laboratories that have a national or international accreditation.

4. Allows the Director to use monies in the Fund to contract with laboratories rather than to renovate the state laboratory.

5. Requires DHS, by July 1 of each year, to report to the Joint Legislative Budget Committee expenditures made for proficiency testing requirements for the preceding fiscal year.

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                  HB 2303

Initials EB  Page 0 Senate Engrossed

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