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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
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HB 2452: marijuana funds; uses; enforcement
Sponsor: Representative Montenegro, LD 29
Committee on Health & Human Services
Overview
Allows monies in the Medical Marijuana Fund and Smart and Safe Arizona Fund to be used interchangeably to implement and enforce all marijuana laws and regulations. Contains a Proposition 105 clause.
History
Arizona Medical Marijuana Act
Arizona voters approved the Arizona Medical Marijuana Act (AMMA) in 2010 which designated the Arizona Department of Health Services (DHS) as the licensing and issuing authority for the Arizona Medical Marijuana Program. The AMMA allows for qualifying patients to apply for registry identification cards to obtain an allowable amount of marijuana for certain debilitating medical conditions. Qualifying patients may also choose to designate a caregiver to assist them with the use of medical marijuana with a medical marijuana registry identification card. Debilitating medical conditions include: 1) cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Chron's disease or Alzheimer's disease; 2) specific chronic or debilitating diseases or medical conditions; and 3) any other medical conditions or treatments added by DHS. DHS must adopt rules and regulations relating to medical marijuana and requires monies collected from fees, civil penalties and private donations to be deposited into the Medical Marijuana Fund before being distributed to certain entities (A.R.S Title 36, Chapter 28.1).
Smart and Safe Arizona Act
Arizona voters approved the Smart and Safe Arizona Act (SSAA) in 2020 which legalized the sale and use of recreational marijuana to consumers who are at least 21 years old. DHS is responsible for adopting rules to implement and enforce the SSAA and regulate the sale, packaging, labeling, tracking and advertising of recreational marijuana and marijuana products. This includes licensing marijuana establishments and testing facilities and conducting investigations and background checks on those entities. Monies from licensing and renewal fees, application fees, civil penalties, excise taxes and penalties related to the selling and testing of marijuana must be deposited into the Smart and Safe Arizona Fund. After paying costs to implement, administer and enforce the SSAA, remaining monies would be allocated to certain entities (A.R.S. § Title 36, Chapter 28.2).
Provisions
1. Allows the Medical Marijuana Fund and the Smart and Safe Arizona Fund to be used interchangeably to implement and enforce all marijuana laws and regulations. (Sec. 1, 2)
2. Expands the use of how Smart and Safe Arizona Funds can be spent to include providing grants for any of the following:
a) the Arizona Poison Control System for operations and for the purposes of supporting health care providers and providing public health and safety education for concerns related to illicit marijuana and intoxicating cannabinoids;
b) the Attorney General (AG) to investigate and take enforcement action relating to the illicit sale of marijuana and intoxicating cannabinoids; and
c) municipal police departments, county sheriff departments and tribal police agencies to investigate and take enforcement action relating to the illicit sale of marijuana and intoxicating cannabinoids. (Sec. 2)
3. Specifies that the AG may use the 0.2 % of monies it receives from the Arizona Smart and Safe Fund to investigate and take enforcement action relating to the illicit sale, marketing and distribution of marijuana and intoxicating cannabinoids. (Sec. 2)
4. Contains a Proposition 105 clause. (Sec. 3)
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8. HB 2452
9. Initials AG/MT Page 0 Health & Human Services
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