Bill Text: AZ HB2333 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Medical marijuana fund; purposes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-03-12 - Referred to Senate ED Committee [HB2333 Detail]
Download: Arizona-2014-HB2333-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2333 |
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AN ACT
Amending sections 36-2810 and 36-2817, Arizona Revised Statutes; relating to the Arizona medical marijuana act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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 36-2810, Arizona Revised Statutes, is amended to read:
36-2810. Confidentiality
A. The following information received and records kept by the department for purposes of administering this chapter are confidential, exempt from title 39, chapter 1, article 2, exempt from section 36‑105 and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the department to perform official duties of the department pursuant to this chapter:
1. Applications or renewals, their contents and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and physicians.
2. Applications or renewals, their contents and supporting information submitted by or on behalf of nonprofit medical marijuana dispensaries in compliance with this chapter, including the physical addresses of nonprofit medical marijuana dispensaries.
3. The individual names and other information identifying persons to whom the department has issued registry identification cards.
B. Any dispensing information required to be kept under section 36‑2806.02, subsection B or department regulation shall identify cardholders by their registry identification numbers and not contain names or other personally identifying information.
C. Any department hard drives or other data recording media that are no longer in use and that contain cardholder information must be destroyed. The department shall retain a signed statement from a department employee confirming the destruction.
D. Data subject to this section shall not be combined or linked in any manner with any other list or database and shall not be used for any purpose not provided for in this chapter.
E. This section does not preclude the following notifications:
1. Department employees may notify law enforcement about falsified or fraudulent information submitted to the department if the employee who suspects that falsified or fraudulent information has been submitted has conferred with the employee's supervisor and both agree that the circumstances warrant reporting.
2. The department may notify state or local law enforcement about apparent criminal violations of this chapter if the employee who suspects the offense has conferred with the employee's supervisor and both agree that the circumstances warrant reporting.
3. Nonprofit medical marijuana dispensary agents may notify the department of a suspected violation or attempted violation of this chapter or department rules.
4. The department may notify the Arizona medical board, the Arizona board of osteopathic examiners in medicine and surgery, the naturopathic physicians medical board and the board of homeopathic and integrated medicine examiners if the department believes a physician has committed an act of unprofessional conduct as prescribed by the appropriate board's statutes because of the licensee's failure to comply with the requirements of this chapter or rules adopted pursuant to this chapter.
F. This section does not preclude submission of the section 36‑2809 report to the legislature. The annual report submitted to the legislature is subject to title 39, chapter 1, article 2.
G. This section does not preclude information obtained by the department pursuant to this chapter from being linked or combined with other public health lists or databases in order for the department to administer this chapter and ensure public health and safety.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2817, Arizona Revised Statutes, is amended to read:
36-2817. Medical marijuana fund; private donations; purposes; evaluation; reports
A. The medical marijuana fund is established consisting of fees collected, civil penalties imposed and private donations received under this chapter. The department shall administer the fund. Monies in the fund are continuously appropriated.
B. The director of the department may accept and spend private grants, gifts, donations, contributions and devises to assist in carrying out the provisions of this chapter.
C. Monies in the fund, subject to availability, may:
1. Be spent only for purposes that are authorized by this chapter.
2. Not be used for expenditures on capital construction projects, lobbying activities involving elected officials or political campaigns for an individual or any ballot proposal.
3. Be used for programs to discourage marijuana use among persons who are under twenty-four years of age, through public health education programs, including grants to local police departments to provide school resource officers in high schools to provide drug education and intervention services, community‑based education and other programs that are focused on child abuse and neglect prevention.
4. Be used to supplement monies that are appropriated by the legislature for health education purposes and not be used to supplant those appropriated monies.
5. Be spent for the following purposes:
(a) Contracts with county health departments, qualifying community health centers as defined in section 36‑2907.06, Indian tribes, accredited schools, nonprofit organizations, community colleges and universities for education programs related to preventing and reducing marijuana use among persons who are under twenty-four years of age that will be overseen by the department.
(b) Administrative expenditures related to implementing and operating a program developed pursuant to subdivision (a) of this paragraph and to award and oversee contracts for education programs, including obtaining expert services to assist in evaluating requests for proposals and responses to those requests.
(c) Department expenditures for developing and delivering education programs that are designed to prevent or reduce marijuana use, including radio, television or print media costs. When contracting for the development and production of original advertising materials, the department shall require advertising, production and editorial firms to use their best efforts to employ or contract with residents of this state to manage, produce and edit the original advertising. The department shall report annually on or before December 1 to the governor, the president of the senate and the speaker of the house of representatives regarding instances when the department did not employ or contract with residents of this state, including the reasons for failing to do so.
(d) The evaluations required by subsection E of this section.
6. Be allocated to the biomedical research commission for marijuana research that is approved by an institutional review board in this state and that is conducted in a university setting with the intent to conduct thorough, objective clinical research on the safety, efficacy and adverse events associated with marijuana.
C. D. Monies in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year.
E. The department shall evaluate the programs established pursuant to subsection C, paragraph 5 of this section and every two years shall submit a written report of its findings to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of each report to the secretary of state. The department shall submit its first report on or before November 15, 2014.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 36-2810 and 36-2817, Arizona Revised Statutes, as amended by this act, are effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.
