HB 2452
Initials AG/MT Page 1 Health & Human Services
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
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).
HB 2452
Initials AG/MT Page 2 Health & Human Services
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)
☒ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note