Arizona 2023 Regular Session

Arizona Senate Bill SB1349 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: medical conditions; medical marijuana State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1349 Introduced by Senators Mendez: Fernandez, Gonzales, Hernandez; Representative Salman An Act amending section 36-2801, Arizona Revised Statutes; amending title 36, chapter 28.1, Arizona Revised Statutes, by adding section 36-2823; relating to medical marijuana. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: medical conditions; medical marijuana
10	10	State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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12	12	Introduced by Senators Mendez: Fernandez, Gonzales, Hernandez; Representative Salman
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14	14	REFERENCE TITLE: medical conditions; medical marijuana
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44	44	Introduced by
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46	46	Senators Mendez: Fernandez, Gonzales, Hernandez; Representative Salman
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52	52	An Act
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56	56	amending section 36-2801, Arizona Revised Statutes; amending title 36, chapter 28.1, Arizona Revised Statutes, by adding section 36-2823; relating to medical marijuana.
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62	62	(TEXT OF BILL BEGINS ON NEXT PAGE)
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66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2801, Arizona Revised Statutes, is amended to read: START_STATUTE36-2801. Definitions In this chapter, unless the context otherwise requires: 1. "Allowable amount of marijuana": (a) With respect to a qualifying patient, means: (i) Two and one-half ounces of usable marijuana. (ii) If the qualifying patient's registry identification card states that the qualifying patient is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the qualifying patient is moving. (b) With respect to a designated caregiver, for each patient assisted by the designated caregiver under this chapter, means: (i) Two and one-half ounces of usable marijuana. (ii) If the designated caregiver's registry identification card provides that the designated caregiver is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the designated caregiver is moving. (c) Does not include marijuana that is incidental to medical use, but is not usable marijuana. 2. "Cardholder" means a qualifying patient, a designated caregiver, a nonprofit medical marijuana dispensary agent or a independent third-party laboratory agent who has been issued and possesses a valid registry identification card. 3. "Debilitating medical condition" means one or more of the following: (a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, any debilitating condition of autism spectrum disorder including agitation, rage attacks or self-injurious behavior, or agitation of Alzheimer's disease or the treatment of these conditions. (b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: (i) Cachexia or wasting syndrome. (ii) Severe and chronic pain. (iii) Severe nausea. (iv) Seizures, including those characteristic of epilepsy. (v) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis. (c) Any other medical condition or its treatment added by the department pursuant to section 36-2801.01. 4. "Department" means the department of health services or its successor agency. 5. "Designated caregiver" means a person who: (a) Is at least twenty-one years of age. (b) Has agreed to assist with a patient's medical use of marijuana. (c) Has not been convicted of an excluded felony offense. (d) Assists not more than five qualifying patients with the medical use of marijuana. (e) May receive reimbursement for actual costs incurred in assisting a registered qualifying patient's medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the department's registration process. The designated caregiver may not be paid any fee or compensation for service as a caregiver. Payment for costs under this subdivision does not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4. 6. "Enclosed, locked facility" means a closet, room, greenhouse or other enclosed area that is equipped with locks or other security devices that permit allow access only by a cardholder. 7. "Excluded felony offense" means: (a) A violent crime as defined in section 13-901.03, subsection B, that was classified as a felony in the jurisdiction where the person was convicted. (b) A violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted but does not include: (i) An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier. (ii) An offense involving conduct that would be immune from arrest, prosecution or penalty under section 36-2811, except that the conduct occurred before December 14, 2010 or was prosecuted by an authority other than the state of Arizona. 8. "Independent third-party laboratory" means an entity that has a national or international accreditation and that is certified by the department to analyze marijuana cultivated for medical use. 9. "Independent third-party laboratory agent" means an owner, employee or volunteer of a certified independent third-party laboratory who is at least twenty-one years of age and who has not been convicted of an excluded felony offense. 10. "Marijuana" means all parts of any plant of the genus cannabis, whether growing or not, and the seeds of such a plant. 11. "Medical use" means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. 12. "Nonprofit medical marijuana dispensary" means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. A nonprofit medical marijuana dispensary may receive payment for all expenses incurred in its operation. 13. "Nonprofit medical marijuana dispensary agent" means a principal officer, board member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense. 14. "Physician" means a doctor of medicine who holds a valid and existing license to practice medicine pursuant to title 32, chapter 13 or its successor, a doctor of osteopathic medicine who holds a valid and existing license to practice osteopathic medicine pursuant to title 32, chapter 17 or its successor, a naturopathic physician who holds a valid and existing license to practice naturopathic medicine pursuant to title 32, chapter 14 or its successor or a homeopathic physician who holds a valid and existing license to practice homeopathic medicine pursuant to title 32, chapter 29 or its successor. 15. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. 16. "Registry identification card" means a document issued by the department that identifies a person as a registered qualifying patient, a registered designated caregiver, a registered nonprofit medical marijuana dispensary agent or a registered independent third-party laboratory agent. 17. "Usable marijuana": (a) Means the dried flowers of the marijuana plant, and any mixture or preparation thereof. (b) Does not include: (i) The seeds, stalks and roots of the plant. (ii) The weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink. 18. "Verification system" means a secure, password-protected, web-based system that is established and maintained by the department and that is available to law enforcement personnel and nonprofit medical marijuana dispensary agents on a twenty-four-hour basis for verifying registry identification cards. 19. "Visiting qualifying patient" means a person: (a) Who is not a resident of Arizona or who has been a resident of Arizona less than thirty days. (b) Who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person's residence or, in the case of a person who has been a resident of Arizona less than thirty days, the state of the person's former residence. 20. "Written certification" means a document dated and signed by a physician, stating that in the physician's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. The physician must: (a) Specify the qualifying patient's debilitating medical condition in the written certification. (b) Sign and date the written certification only in the course of a physician-patient relationship after the physician has completed a full assessment of the qualifying patient's medical history. (c) Be a pediatrician if the qualifying patient is under eighteen years of age and the qualifying patient's debilitating medical condition is autism. END_STATUTE Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, title 36, chapter 28.1, Arizona Revised Statutes, is amended by adding section 36-2823, to read: START_STATUTE36-2823. Autism; physician requirements A physician who provides written certification for a qualifying patient who is under eighteen years of age and whose debilitating medical condition is autism shall: 1. Recommend to the qualifying patient's designated caregiver the marijuana's potency and quantity and the frequency of use. 2. Assess the qualifying patient on a monthly basis until the physician is satisfied that the qualifying patient is taking a stable dose of marijuana for the most beneficial results and continue to monitor the qualifying patient every six months. 3. Report the results annually to the department. END_STATUTE Sec. 3. Requirements for enactment; three-fourths vote Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2801, Arizona Revised Statutes, as amended by this act, and section 36-2823, Arizona Revised Statutes, as added by this act, are effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.
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68	68	Be it enacted by the Legislature of the State of Arizona:
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70	70	Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2801, Arizona Revised Statutes, is amended to read:
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72	72	START_STATUTE36-2801. Definitions
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74	74	In this chapter, unless the context otherwise requires:
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76	76	1. "Allowable amount of marijuana":
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78	78	(a) With respect to a qualifying patient, means:
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80	80	(i) Two and one-half ounces of usable marijuana.
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82	82	(ii) If the qualifying patient's registry identification card states that the qualifying patient is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the qualifying patient is moving.
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84	84	(b) With respect to a designated caregiver, for each patient assisted by the designated caregiver under this chapter, means:
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86	86	(i) Two and one-half ounces of usable marijuana.
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88	88	(ii) If the designated caregiver's registry identification card provides that the designated caregiver is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the designated caregiver is moving.
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90	90	(c) Does not include marijuana that is incidental to medical use, but is not usable marijuana.
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92	92	2. "Cardholder" means a qualifying patient, a designated caregiver, a nonprofit medical marijuana dispensary agent or a independent third-party laboratory agent who has been issued and possesses a valid registry identification card.
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94	94	3. "Debilitating medical condition" means one or more of the following:
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96	96	(a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, any debilitating condition of autism spectrum disorder including agitation, rage attacks or self-injurious behavior, or agitation of Alzheimer's disease or the treatment of these conditions.
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98	98	(b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
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100	100	(i) Cachexia or wasting syndrome.
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102	102	(ii) Severe and chronic pain.
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104	104	(iii) Severe nausea.
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106	106	(iv) Seizures, including those characteristic of epilepsy.
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108	108	(v) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
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110	110	(c) Any other medical condition or its treatment added by the department pursuant to section 36-2801.01.
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112	112	4. "Department" means the department of health services or its successor agency.
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114	114	5. "Designated caregiver" means a person who:
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116	116	(a) Is at least twenty-one years of age.
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118	118	(b) Has agreed to assist with a patient's medical use of marijuana.
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120	120	(c) Has not been convicted of an excluded felony offense.
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122	122	(d) Assists not more than five qualifying patients with the medical use of marijuana.
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124	124	(e) May receive reimbursement for actual costs incurred in assisting a registered qualifying patient's medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the department's registration process. The designated caregiver may not be paid any fee or compensation for service as a caregiver. Payment for costs under this subdivision does not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4.
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126	126	6. "Enclosed, locked facility" means a closet, room, greenhouse or other enclosed area that is equipped with locks or other security devices that permit allow access only by a cardholder.
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128	128	7. "Excluded felony offense" means:
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130	130	(a) A violent crime as defined in section 13-901.03, subsection B, that was classified as a felony in the jurisdiction where the person was convicted.
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132	132	(b) A violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted but does not include:
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134	134	(i) An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier.
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136	136	(ii) An offense involving conduct that would be immune from arrest, prosecution or penalty under section 36-2811, except that the conduct occurred before December 14, 2010 or was prosecuted by an authority other than the state of Arizona.
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138	138	8. "Independent third-party laboratory" means an entity that has a national or international accreditation and that is certified by the department to analyze marijuana cultivated for medical use.
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140	140	9. "Independent third-party laboratory agent" means an owner, employee or volunteer of a certified independent third-party laboratory who is at least twenty-one years of age and who has not been convicted of an excluded felony offense.
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142	142	10. "Marijuana" means all parts of any plant of the genus cannabis, whether growing or not, and the seeds of such a plant.
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144	144	11. "Medical use" means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.
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146	146	12. "Nonprofit medical marijuana dispensary" means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. A nonprofit medical marijuana dispensary may receive payment for all expenses incurred in its operation.
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148	148	13. "Nonprofit medical marijuana dispensary agent" means a principal officer, board member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense.
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150	150	14. "Physician" means a doctor of medicine who holds a valid and existing license to practice medicine pursuant to title 32, chapter 13 or its successor, a doctor of osteopathic medicine who holds a valid and existing license to practice osteopathic medicine pursuant to title 32, chapter 17 or its successor, a naturopathic physician who holds a valid and existing license to practice naturopathic medicine pursuant to title 32, chapter 14 or its successor or a homeopathic physician who holds a valid and existing license to practice homeopathic medicine pursuant to title 32, chapter 29 or its successor.
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152	152	15. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.
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154	154	16. "Registry identification card" means a document issued by the department that identifies a person as a registered qualifying patient, a registered designated caregiver, a registered nonprofit medical marijuana dispensary agent or a registered independent third-party laboratory agent.
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156	156	17. "Usable marijuana":
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158	158	(a) Means the dried flowers of the marijuana plant, and any mixture or preparation thereof.
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160	160	(b) Does not include:
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162	162	(i) The seeds, stalks and roots of the plant.
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164	164	(ii) The weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.
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166	166	18. "Verification system" means a secure, password-protected, web-based system that is established and maintained by the department and that is available to law enforcement personnel and nonprofit medical marijuana dispensary agents on a twenty-four-hour basis for verifying registry identification cards.
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168	168	19. "Visiting qualifying patient" means a person:
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170	170	(a) Who is not a resident of Arizona or who has been a resident of Arizona less than thirty days.
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172	172	(b) Who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person's residence or, in the case of a person who has been a resident of Arizona less than thirty days, the state of the person's former residence.
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174	174	20. "Written certification" means a document dated and signed by a physician, stating that in the physician's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. The physician must:
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176	176	(a) Specify the qualifying patient's debilitating medical condition in the written certification.
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178	178	(b) Sign and date the written certification only in the course of a physician-patient relationship after the physician has completed a full assessment of the qualifying patient's medical history.
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180	180	(c) Be a pediatrician if the qualifying patient is under eighteen years of age and the qualifying patient's debilitating medical condition is autism. END_STATUTE
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182	182	Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, title 36, chapter 28.1, Arizona Revised Statutes, is amended by adding section 36-2823, to read:
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184	184	START_STATUTE36-2823. Autism; physician requirements
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186	186	A physician who provides written certification for a qualifying patient who is under eighteen years of age and whose debilitating medical condition is autism shall:
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188	188	1. Recommend to the qualifying patient's designated caregiver the marijuana's potency and quantity and the frequency of use.
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190	190	2. Assess the qualifying patient on a monthly basis until the physician is satisfied that the qualifying patient is taking a stable dose of marijuana for the most beneficial results and continue to monitor the qualifying patient every six months.
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192	192	3. Report the results annually to the department. END_STATUTE
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194	194	Sec. 3. Requirements for enactment; three-fourths vote
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196	196	Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2801, Arizona Revised Statutes, as amended by this act, and section 36-2823, Arizona Revised Statutes, as added by this act, are effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.