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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
marijuana; laboratories; proficiency testing
Purpose
Requires, beginning January 1, 2024, the Department of Health Services (DHS) to conduct proficiency testing and remediate problems with independent third-party laboratories and marijuana testing facilities. Contains requirements for enactment for initiatives and referendums (Proposition 105).
Background
In 2010, Arizona voters approved the Arizona Medical Marijuana Act (AMMA) to establish a regulatory system, overseen by DHS, that allows a dispensary to dispense a permissible amount of medical marijuana to a qualifying patient or the qualifying patient's designated caregiver. The AMMA additionally established the Medical Marijuana Fund (Fund) which is administered by DHS and consists of monies from prescribed and collected fees, civil penalties and private donations (A.R.S. § 36-2817). In 2020, Arizona voters approved Proposition 207 to establish a regulatory system for the use of marijuana by a person who is at least 21 years old (Proposition 207; A.R.S. Title 36, Chapter 28.2).
DHS is currently required to adopt rules to certify and regulate independent third-party laboratories that analyze medical marijuana and is authorized to conduct proficiency testing and remediate problems with certified independent third-party laboratories. The statutory definition of marijuana testing facility refers to 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
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.
2. Permits DHS, through December 31, 2023, to conduct proficiency testing and remediate problems with certified independent third-party laboratories and licensed marijuana testing facilities.
3. Allows remediation to include suspending or revoking a marijuana testing facility's license.
4. Allows the Director of DHS to use Fund monies to renovate the state laboratory to comply with prescribed proficiency testing requirements for independent third-party laboratories and marijuana testing facilities.
5. Makes technical and conforming changes.
6. Requires for enactment the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105).
7. Becomes effective on the general effective date.
House Action
HHS 2/15/21 DP 9-0-0-0
3rd Read 3/3/21 57-0-3
Prepared by Senate Research
March 15, 2021
CRS/kja