 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
medical marijuana; testing
Purpose
Prohibits marijuana testing facilities from having a familial or financial relationship with a marijuana establishment or related business entity. Modifies the list of contaminants that a nonprofit medical marijuana dispensary (dispensary) must test for before selling or dispensing marijuana products. Contains requirements for enactment for initiatives and referendums (Proposition 105).
Background
In 2010, Arizona voters approved the Arizona Medical Marijuana Act to establish a regulatory system, overseen by the Department of Health Services (DHS), that allows a dispensary to dispense a permissible amount of medical marijuana to a qualifying patient or the qualifying patient's designated caregiver. 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).
Dispensaries are required to test medical marijuana products, prior to selling or dispensing marijuana or marijuana products to eligible individuals, in order to determine unsafe levels of contamination, heavy metals, pesticides, herbicides, fungicides, growth regulators and residual solvents and to confirm the marijuana's potency. 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. Stipulates that dispensaries are required to test selected marijuana and marijuana product samples for unsafe levels of contamination before selling or dispensing marijuana or marijuana products.
2. Removes herbicides from the list of contaminants that a dispensary must test for unsafe levels of before selling or dispensing marijuana or marijuana products.
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.
4. Makes technical changes.
5. Requires for enactment the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105).
6. Becomes effective on the general effective date.
House Action
HHS 2/15/21 DPA 9-0-0-0
3rd Read 2/24/21 59-0-1
Prepared by Senate Research
March 15, 2021
CRS/kja