Page 2, line
18, strike "June 1, 2022" insert "twenty-one days after the effective date of this section"
Line 23,
strike "July 1, 2022 through July 31, 2022"
insert "twenty-two days after the effective date of
this section for the following thirty days"
Line 26,
strike "meet" insert "pay
the applicable fee and to which"; strike "requirements"
insert "apply"
Line 27,
after "stipulated" insert "or
admitted"
Line 29,
strike "During the period beginning" insert
"on or after"
Line 30,
strike "through December 31, 2020"
Page 3,
strike lines 6 through 14, insert:
"G. An individual may not be an applicant, principal officer
or board member on more than five applications for a nonprofit medical
marijuana dispensary registration certificate that are submitted pursuant to
subsection F of this section."
Line 15,
strike "an"
Line 16,
strike "operating" insert "a";
after "dispensary" insert "that
has been issued a registration certificate"
Line 18,
strike the first "November" insert "december"; strike "November 30"
insert "December 31"
Page 3, between lines 22 and 23,
insert:
"Sec. 2. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 36-2822, Arizona Revised Statutes, is amended to read:
START_STATUTE36-2822. Arizona
biomedical research centre; medical marijuana fund; smart and safe Arizona
fund; grants; marijuana clinical trials; requirements
A. The Arizona
biomedical research centre in the department shall provide competitive grants
from monies in the medical marijuana fund established by section 36-2817 or the smart and safe Arizona fund established by section 36-2856
for marijuana clinical trials that are approved by the United States
food and drug administration for evaluating both the safety and efficacy of
using marijuana in humans and researching the impacts of marijuana interactions
with prescription drugs, nonprescription drugs and illicit drugs.
B. Clinical trials
funded pursuant to subsection A of this section shall be conducted by Arizona-based
researchers from nonprofit organizations or universities, be approved by the
United States food and drug administration, the United States drug enforcement
administration and an institutional review board and be publishable in
peer-reviewed medical and public health journals. The centre shall
prioritize randomized controlled clinical trials that study the treatment of
autism, epilepsy, post-traumatic stress disorder and pain.
C. Notwithstanding
title 13, chapter 34, a person who receives a grant for a marijuana clinical
trial pursuant to this section and any of the person's employees working on the
clinical trial may not be charged with or prosecuted for possession of
marijuana that is cultivated for medical use when the person is working on the
clinical trial.
D. The Arizona biomedical
research centre may shall provide up
to $5,000,000 annually for five consecutive years from the medical marijuana
fund established by section 36-2817 or the smart and safe
Arizona fund established by section 36-2856, or a combination of both
funds, to administer and award competitive grants pursuant to this
section. The centre may not use more than five percent of these
monies for administrative purposes." END_STATUTE
Renumber to conform
Page 4, line
21, after the comma insert "beginning October 1, 2022,"
Line 22,
strike "or" insert "to
become a dual licensee if the licensee notifies the department and submits the
applicable fee, and a nonprofit medical marijuana dispensary may apply for"
Line 23,
after "license" insert "to
become a dual licensee if the nonprofit medical marijuana dispensary notifies
the department and submits the applicable fee"; after the period
insert "On notification and payment of the applicable fee
pursuant to this item,"; strike "a"
insert "the applicable"
Line 24,
strike "a"; strike "to"
insert a period
Strike lines
25 and 26
Page 12,
between lines 4 and 5, insert:
"Sec. 4. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 36-2856, Arizona Revised Statutes, is amended to read:
START_STATUTE36-2856. Smart
and safe Arizona fund; grants; disposition of monies; exemption
A. The smart and safe Arizona fund is
established consisting of all monies deposited pursuant to sections 36-2854,
42-5452 and 42-5503, private donations and interest earned on those
monies. Monies in the fund are continuously appropriated. Monies in the fund
and its accounts may not be transferred to any other fund except as provided in
this section, do not revert to the state general fund and are exempt from the
provisions of section 35-190 relating to the lapsing of appropriations.
The state treasurer shall administer the fund.
B. All monies in the
smart and safe Arizona fund must first be spent, and the state treasurer shall
transfer monies from the fund, to pay:
1. The actual
reasonable costs incurred by the department to implement, carry out and enforce
this chapter and rules adopted pursuant to this chapter and to
provide grants for marijuana clinical trials conducted pursuant to section 36-2822.
2. The actual
reasonable costs incurred by the department of revenue to impose and enforce
the tax authorized and levied by section 42-5452.
3. The actual
reasonable costs incurred by the supreme court and the department 
of public safety to process
petitions for expungement and expungement orders pursuant to section 36-2862
and to otherwise implement section 36-2862.
4. The actual
reasonable costs incurred by the state treasurer to administer the fund.
5. Any other mandatory
expenditure of state revenues required by this chapter to implement or enforce
the provisions of this chapter.
C. The state treasurer
may prescribe forms necessary to make transfers from the smart and safe Arizona
fund pursuant to subsection B of this section.
D. On or before June 30
and December 31 of each year, the state treasurer shall transfer all monies in
the smart and safe Arizona fund in excess of the amounts paid pursuant to
subsection B of this section as follows:
1. 33
Thirty-three percent to community college districts
and provisional community college districts, but not to community college
tuition financing districts established pursuant to section 15-1409, for
the purposes of investing in and providing workforce development programs, job
training, career and technical education, and science, technology, engineering
and math mathematics programs, as
follows:
(a) 15 Fifteen percent of the 33
thirty-three percent divided equally between each community
college district.
(b) 0.5 percent of the 33 thirty-three percent divided
equally between each provisional community college district, if one or more
provisional community college districts exist.
(c) The remainder to
community college districts and provisional community colleges districts in
proportion to each district's full-time equivalent student enrollment
percentage of the total statewide audited full-time equivalent student
enrollment in the preceding fiscal year prescribed in section 15-1466.01.
2. 31.4 percent to
municipal police departments, municipal fire departments, fire districts
established pursuant to title 48, chapter 5 and county sheriffs' departments in
proportion to the number of enrolled members for each such agency in the public
safety personnel retirement system established by title 38, chapter 5, article
4 and the public safety personnel defined contribution retirement
plan established by pursuant to
title 38, chapter 5, article 4.1, for personnel
costs.
3. 25.4 percent to the
Arizona highway user revenue fund established by section 28-6533.
4. 10
Ten percent to the justice reinvestment fund established
by section 36-2863.
5. 0.2 percent to the
attorney general to use to enforce this chapter, or to grant to localities to
enforce this chapter.
E. The monies
transferred and received pursuant to this section:
1. Are in addition to
any other appropriation, transfer or other allocation of monies and may not
supplant, replace or cause a reduction in other funding sources.
2. Are not considered
local revenues for the purposes of article IX, sections 20 and 21, Constitution
of Arizona.END_STATUTE
Sec. 5. Subject to
the requirements of article IV, part 1, section 1, Constitution of
Arizona, title 36, chapter 28.2, Arizona Revised Statutes, is amended by adding
sections 36-2866 and 36-2867, to read:
START_STATUTE36-2866. Complaints;
disclosure of information; confidentiality
A. A complaint that
relates to compliance with this chapter, chapter 28.1 of this title or the
rules adopted pursuant to this chapter and chapter 28.1 of this title and that
is submitted to the department regarding an independent third-party
laboratory, a marijuana testing facility, a nonprofit medical marijuana
dispensary or a marijuana establishment is available to the public after the
department determines that there is a reasonable basis to proceed to
investigate the complaint, except that the name of the complainant shall be
confidential if requested by the complainant.
B. Unless otherwise
prohibited by federal or state law, the department may disclose the information
in a complaint described in subsection A of this section to an officer of the
court pursuant to a court order, to a department or agency of this state or the
federal government, to a law enforcement agency or to a county medical examiner
if the disclosure of this information is necessary and pertinent to an
investigation or proceeding. The recipient of information disclosed pursuant to
this subsection shall maintain the confidentiality of the complainant's name. END_STATUTE
START_STATUTE36-2867. Sample
collection and testing
A. BEGINNING
JANUARY 1, 2024, THE DEPARTMENT SHALL CONTRACT WITH A THIRD PARTY, WHICH MAY
INCLUDE INDEPENDENT THIRD-PARTY LABORATORIES AND MARIJUANA TESTING FACILITIES,
TO COLLECT RANDOM SAMPLES OF MARIJUANA OR MARIJUANA PRODUCTS FOR SALE AT
NONPROFIT MEDICAL MARIJUANA DISPENSARIES AND MARIJUANA ESTABLISHMENTS TO
CONFIRM THAT THE CERTIFIED TEST RESULTS, excluding tetrahydrocannabinol
percentages, OF THE MARIJUANA OR MARIJUANA PRODUCTS MATCH THE MARIJUANA OR
MARIJUANA PRODUCTS BEING SOLD. THE THIRD-PARTY CONTRACTOR MAY
COLLECT, POSSESS AND TEST THE SAMPLES OF MARIJUANA AND MARIJUANA PRODUCTS FOR
THE PURPOSES OF THIS SECTION.
B. Notwithstanding
title 13, chapter 34, a third-party contractor may not be charged with or
prosecuted for possession of marijuana or marijuana products that are collected
for the purposes of a contract with the department pursuant to this section."END_STATUTE
Renumber to conform
Page 12,
line 8, strike "chapter 6" insert "chapters 6 and 6.1"
Line 12,
strike "and" insert ", 36-2822,"; after "36-2854"
insert "and 36-2856"
Line 13,
after the comma insert "and sections 36-2866 and 36-2867,
Arizona Revised Statutes, as added by this act,"
Amend title to conform
