ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: HHS DPA 8-0-0-1

HB 2415: marijuana; public consumption; vaping; prohibition

Sponsor:  Representative Friese, LD 9

Caucus & Cow

Overview

Adds vaporized nicotine products to the definition of electronic smoking device and makes specifications regarding public consumption of marijuana products.

History

Established in 2020 through the voter-approved initiative measure, Proposition 207, the Smart and Safe Arizona Act specifies that the law does not allow any person to: 1) smoke marijuana in a public place or open space; or 2) consume marijuana or marijuana products while driving, operating or riding in the passenger seat or compartment of an operating motor vehicle, boat, vessel, aircraft or another vehicle used for transportation. (A.R.S. § 36-2851)

Public place is defined as any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters and waiting rooms. Statute specifies that a private residence is not a public place unless it is used as a child care, adult day care or health care facility. (A.R.S. § 36-601.01)

Open place is defined as a public park, public sidewalk, public walkway or public pedestrian thoroughfare. (A.R.S. § 36-2850)

Excluded felony offense, independent third-party offense, nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary agent and qualifying patient are defined in the Arizona Medical Marijuana Act. (A.R.S. Title 36, Chapter 28.1)

Provisions

1.   ☒ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDefines electronic smoking device as:

a)   Any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including an e-cigarette, e-cigar, vape pen or e-hookah, and any component, part or accessory of the device, whether or not sold separately; and

b)   Any substance that is intended to be aerosolized or vaporized during the use of the device.

2.   Adds the use of an electronic smoking device to the definition of smoke. (Sec. 2)

3.   Specifies that the law does not allow any person to:

a)   Consume marijuana products in a public place or open place; or

b)   Smoke marijuana or marijuana products while sitting in the passenger seat or compartment of a parked motor vehicle, boat, vessel, or aircraft or another vehicle used for transportation. (Sec. 2)

4.   Defines excluded felony offense, independent third-party laboratory, nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary agent and qualifying patient. (Sec. 2)

5.   Makes technical and conforming changes. (Sec. 1 and 2)

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

Amendments

Committee on Health and Human Services

1.   Specifies that the law does not allow any person to smoke in places of employment.

2.   Removes the provision stating that the law does not allow consumption of marijuana in a public or open space.

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6.                     HB 2415

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