Bill Text: AZ HB2415 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed
Bill Title: Marijuana; public consumption; vaping; prohibition
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-17 - Senate HHS Committee action: Held, voting: (0-0-0-0) [HB2415 Detail]
Download: Arizona-2021-HB2415-Engrossed.html
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House Engrossed
marijuana; public consumption; vaping; prohibition |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2415 |
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AN ACT
Amending sections 36-2850 and 36-2851, Arizona Revised Statutes; relating to marijuana.
(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 36-2850, Arizona Revised Statutes, is amended to read:
36-2850. Definitions
In this chapter, unless the context requires otherwise:
1. "Advertise, ", "advertisement" and "advertising" mean any public communication in any medium that offers or solicits a commercial transaction involving the sale, purchase or delivery of marijuana or marijuana products.
2. "Child-resistant" means designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly.
3. "Consume, ", "consuming" and "consumption" mean the act of ingestng ingesting, inhaling or otherwise introducing marijuana into the human body.
4. "Consumer" means an individual who is at least twenty-one years of age and who purchases marijuana or marijuana products.
5. "Cultivate" and "cultivation" mean to propagate, breed, grow, prepare and package marijuana.
6. "Deliver" and "delivery" mean the transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.
7. "Department" means the department of health services or its successor agency.
8. "Designated caregiver,"
"excluded felony offense," "independent third-party
laboratory," "nonprofit medical marijuana dispensary,"
"nonprofit medical marijuana dispensary agent," and "qualifying
patient" have has the same meanings
prescribed in section 36-2801.
9. "Dual licensee" means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
10. "Early applicant" means either of the following:
(a) An entity seeking to operate a marijuana establishment in a county with fewer than two registered nonprofit medical marijuana dispensaries.
(b) A nonprofit medical marijuana dispensary that is registered and in good standing with the department.
11. "Electronic smoking device":
(a) means any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including an e-cigarette, e-cigar, vape pen or e-hookah, and any component, part or accessory of the device, whether or not sold separately.
(b) Includes any substance that is intended to be aerosolized or vaporized during the use of the device.
(c) Does not include a nebulizer used for medical purposes.
11. 12. "Employee," "employer," "health care facility," and "places of employment" have the same meanings prescribed in the smoke-free Arizona act, section 36-601.01.
13. "Excluded felony offense" has the same meaning prescribed in section 36-2801.
12. 14. "Good standing" means that a nonprofit medical marijuana dispensary is not the subject of a pending notice of intent to revoke issued by the department.
15. "Independent third-party laboratory" has the same meaning prescribed in section 36-2801.
13. 16. "Industrial
hemp" has the same meaning prescribed in section 3-311.
14. 17. "Locality" means a city, town or county.
15. 18. "Manufacture" and "manufacturing" mean to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
16. 19. "Marijuana":
(a) Means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.
(b) Includes cannabis as defined in 13-3401.
(c) Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
17. 20. "Marijuana
concentrate":
(a) Means resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.
(b) Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.
18. 21. "Marijuana establishment"
means an entity that is licensed by the department to
operate all of the following:
(a) A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
(b) A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
(c) A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
19. 22. "Marijuana facility agent" means a principal officer, board member or employee of a marijuana establishment or marijuana testing facility who is at least twenty-one years of age and has not been convicted of an excluded felony offense.
20. 23. "Marijuana products" means marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments and tinctures.
21. 24. "Marijuana testing facility" means the department or another entity that is licensed by the department to analyze the potency of marijuana and test marijuana for harmful contaminants.
25. "Nonprofit medical marijuana dispensary" has the same meaning prescribed in section 36-2801.
26. "NOnprofit medical marijuana dispensary agent" has the same meaning prescribed in section 36-2801.
22. 27. "Open space" means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.
23. 28. "Process" and "processing" mean to harvest, dry, cure, trim or separate parts of the marijuana plant.
24. 29. "Public place" has the same meaning prescribed in the smoke-free Arizona act, section 36-601.01.
30. "Qualifying patient" has the same meaning prescribed in section 36-2801.
25. 31. "Smoke":
(a) Means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.
(b) Includes the use of an electronic smoking device.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2851, Arizona Revised Statutes, is amended to read:
36-2851. Employers; driving; minors; control of property; smoking in public places and open spaces
This chapter:
1. Does not restrict the rights of employers to maintain a drug-and-alcohol-free workplace or affect the ability of employers to have workplace policies restricting the use of marijuana by employees or prospective employees.
2. Does not require an employer to allow or accommodate the use, consumption, possession, transfer, display, transportation, sale or cultivation of marijuana in a place of employment.
3. Does not allow driving, flying or boating while impaired to even the slightest degree by marijuana or prevent this state from enacting and imposing penalties for driving, flying or boating while impaired to even the slightest degree by marijuana.
4. Does not allow an individual who is under twenty-one years of age to purchase, possess, transport or consume marijuana or marijuana products.
5. Does not allow the sale, transfer or provision of marijuana or marijuana products to an individual who is under twenty-one years of age.
6. Does not restrict the rights of employers, schools, day care centers, adult day care facilities, health care facilities or corrections facilities to prohibit or regulate conduct otherwise allowed by this chapter when such conduct occurs on or in their properties.
7. Does not restrict the ability of an individual, partnership, limited liability company, private corporation, private entity or private organization of any character that occupies, owns or controls property to prohibit or regulate conduct otherwise allowed by this chapter on in or such property.
8. Does not allow any person to:
(a) Smoke marijuana in a public place or open space or places of employment.
(b) Smoke or consume marijuana or marijuana products while driving, operating, or riding or sitting in the passenger seat or compartment of an operating or parked motor vehicle, boat, vessel, or aircraft or another vehicle used for transportation.
9. Does not prohibit this state or a political subdivision of this state from prohibiting or regulating conduct that is otherwise allowed by this chapter when such conduct occurs on or in property that is occupied, owned, controlled or operated by this state or a political subdivision of this state.
10. Does not authorize a person to process or manufacture marijuana by means of any liquid or gas, other than alcohol, that has a flashpoint below one hundred degrees fahrenheit, unless performed by a marijuana establishment.
11. Does not require a person to violate federal law or to implement or fail to implement a restriction on the possession, consumption, display, transfer, processing, manufacturing or cultivation of marijuana if by so doing the person will lose a monetary or licensing-related benefit under federal law.
12. Does not supersede or eliminate any existing rights or privileges of any person except as specifically set forth in this chapter.
13. Does not limit any privilege or right of a nonprofit medical marijuana dispensary under chapter 28.1 of this title except as expressly set forth in this chapter.
14. Does not limit any privilege or right of a qualifying patient or designated caregiver under chapter 28.1 of this title.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 36-2850 and 36-2851, 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.
