ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: HHS DPA 9-0-0-0 | 3^rd Read 59-0-1-0 Senate: HHS DPA 8-0-0-0 | 3^rd Read 29-0-1-0

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HB 2605: medical marijuana; testing

Sponsor:  Representative Friese, LD 9

Senate Engrossed

Overview

Modifies the list of contaminants that a nonprofit medical marijuana dispensary (dispensary) must test for before selling or dispensing marijuana or marijuana products.

History

Under current law, a dispensary must test all marijuana and marijuana products for unsafe levels of microbial contamination, heavy metals, pesticides, herbicides, fungicides, growth regulators and residual solvents and confirm the potency of the marijuana to be dispensed.  These test results must be provided by the dispensary to a registered qualifying patient or designated caregiver immediately on request. Additionally, dispensaries must display a sign notifying patients of their right to test results (A.R.S. § 36-2803).

Provisions

1. Specifies that dispensaries are to test selected marijuana and marijuana product samples for unsafe levels of contamination before selling or dispensing marijuana or marijuana products. (Sec. 1)

2. Eliminates the requirement for a dispensary to test for unsafe levels of herbicides before selling or dispensing marijuana or marijuana products. (Sec. 1)

3. Requires DHS to adopt rules prohibiting a marijuana testing facility from having any direct or indirect familial or financial relationship or interest in a marijuana establishment or related marijuana business entity or management company. (Sec. 2)

4. Makes technical changes. (Sec. 1)

5. Contains a Proposition 105 clause. (Sec. 2)

Senate Amendments

1. Specifies that the dried flowers of the marijuana plant are not required to be tested for residual solvents.

2. States that if a dispensary's test results for health metals comply with the prescribed requirements for a period of six consecutive months, heavy metal testing for that dispensary's marijuana and marijuana products is required only on a quarterly basis.

3. Requires DHS to adopt rules that prescribe reasonable time frames for testing marijuana and marijuana products.

4. Specifies that a dispensary agent or an independent third-party laboratory agent who holds a level one fingerprint clearance card is deemed to not have been convicted of an excluded felony offense.

5. Allows a dispensary or independent third-party laboratory agent to submit a current level 1 fingerprint clearance card.

6. Requires the Medical Marijuana Testing Advisory Council (Council) to annually review the marijuana testing programs and submit a report as outlined.

7. Modifies Council membership.

8. Requires DHS to adopt rules that prohibit a marijuana establishment from having a financial ownership interest in a marijuana testing facility.

9. Increases, from $1,000 to $2,000 per violation, the civil penalties for violations of prescribed medical marijuana regulations.

10. Removes the $5,000 and $25,000 maximum assessment for civil violations for any 30-day period.

11. Exempts DHS from rulemaking requirements until January 1, 2022, except that DHS must provide the public at least 30 days to comment on proposed rules.

12. Adds an emergency clause.

13. Makes technical and conforming changes.

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17.                   HB 2605

18. Initials EB/SF        Page 0 Senate Engrossed

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