Bill Text: AZ HB2630 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Definitions; cannabis; marijuana
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2018-02-07 - House read second time [HB2630 Detail]
Download: Arizona-2018-HB2630-Introduced.html
|
REFERENCE TITLE: definitions; cannabis; marijuana |
|
State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
|
|
HB 2630 |
|
|
|
Introduced by Representatives Powers Hannley: Benally, Blanc, Cardenas, Clark, Peten, Salman
|
AN ACT
amending sections 13‑3401 and 36‑2801, 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. Section 13-3401, Arizona Revised Statutes, is amended to read:
13-3401. Definitions
In this chapter, unless the context otherwise requires:
1. "Administer" means to apply, inject or facilitate the inhalation or ingestion of a substance to the body of a person.
2. "Amidone" means any substance identified chemically as (4‑4‑diphenyl‑6‑dimethylamine‑heptanone‑3), or any salt of such substance, by whatever trade name designated.
3. "Board" means the Arizona state board of pharmacy.
4. "Cannabis" means the following substances under whatever names they may be designated:
(a) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin,. Cannabis does not include including oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
(b) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
(c) All parts of any plant of the genus cannabis.
(d) All products that are manufactured primarily from plant material from the genus cannabis and that do not involve introducing an additional controlled substance.
5. "Coca leaves" means cocaine, its optical isomers and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which that do not contain cocaine, ecgonine or substances from which cocaine or ecgonine may be synthesized or made.
6. "Dangerous drug" means the following by whatever official, common, usual, chemical or trade name designated:
(a) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i) Alpha-ethyltryptamine.
(ii) Alpha-methyltryptamine.
(iii) (2-aminopropyl) benzofuran (APB).
(iv) (2-aminopropyl)-2, 3-dihydrobenzofuran (APDB).
(v) Aminorex.
(vi) 4-bromo-2, 5-dimethoxyphenethylamine.
(vii) 4‑bromo‑2, 5‑dimethoxyamphetamine.
(viii) Bufotenine.
(ix) [3-(3-carbamoylphenyl)phenyl]N-cyclohexyl carbamate (URB-597).
(x) Diethyltryptamine.
(xi) 2, 5‑dimethoxyamphetamine.
(xii) Dimethyltryptamine.
(xiii) (2-ethylaminopropyl)-benzofuran (EAPB).
(xiv) 5-methoxy-alpha-methyltryptamine.
(xv) 5‑methoxy‑3, 4‑methylenedioxyamphetamine.
(xvi) 4‑methyl‑2, 5‑dimethoxyamphetamine.
(xvii) (2-methylaminopropyl)-benzofuran (MAPB).
(xviii) Ibogaine.
(xix) Lysergic acid amide.
(xx) Lysergic acid diethylamide.
(xxi) Mescaline.
(xxii) 4-methoxyamphetamine.
(xxiii) Methoxymethylenedioxyamphetamine (MMDA).
(xxiv) Methylenedioxyamphetamine (MDA).
(xxv) 3, 4‑methylenedioxymethamphetamine.
(xxvi) 3, 4‑methylenedioxy‑N‑ethylamphetamine.
(xxvii) N‑ethyl‑3‑piperidyl benzilate (JB‑318).
(xxviii) N‑hydroxy‑3, 4‑methylenedioxyamphetamine.
(xxix) N‑methyl‑3‑piperidyl benzilate (JB‑336).
(xxx) N-methyltryptamine mimetic substances that are any substances derived from N-methyltryptamine by any substitution at the nitrogen, any substitution at the indole ring, any substitution at the alpha carbon, any substitution at the beta carbon or any combination of the above. N‑methyltryptamine mimetic substances do not include melatonin (5-methoxy-n-acetyltryptamine). Substances in the N-methyltryptamine generic definition include AcO-DMT, Baeocystine, Bromo-DALT, DiPT, DMT, DPT, HO-DET, HO-DiPT, HO-DMT, HO-DPT, HO-MET, MeO-DALT, MeO-DET, MeO-DiPT, MeO-DMT, MeO-DPT, MeO‑NMT, MET, NMT and Norbufotenin.
(xxxi) N‑(1‑phenylcyclohexyl) ethylamine (PCE).
(xxxii) Nabilone.
(xxxiii) 1‑(1‑phenylcyclohexyl) pyrrolidine (PHP).
(xxxiv) 1‑(1‑(2‑thienyl)‑cyclohexyl) piperidine (TCP).
(xxxv) 1‑(1‑(2‑thienyl)‑cyclohexyl) pyrrolidine.
(xxxvi) Para‑methoxyamphetamine (PMA).
(xxxvii) Psilacetin.
(xxxviii) Psilocybin.
(xxxix) Psilocyn.
(xl) Synhexyl.
(xli) Trifluoromethylphenylpiperazine (TFMPP).
(xlii) Trimethoxyamphetamine (TMA).
(xliii) 1-pentyl-3-(naphthoyl)indole (JWH-018 and isomers).
(xliv) 1-butyl-3-(naphthoyl)indole (JWH-073 and isomers).
(xlv) 1-hexyl-3-(naphthoyl)indole (JWH-019 and isomers).
(xlvi) 1-pentyl-3-(4-chloro naphthoyl)indole (JWH-398 and isomers).
(xlvii) 1-(2-(4-(morpholinyl)ethyl))-3-(naphthoyl)indole (JWH-200 and isomers).
(xlviii) 1-pentyl-3-(methoxyphenylacetyl)indole (JWH-250 and isomers).
(xlix) (2-methyl-1-propyl-1H-indol-3-YL)-1-naphthalenyl-methanone (JWH‑015 and isomers).
(l) (6AR, 10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan2-YL)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol) (HU-210).
(li) 5-(1,1-dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol
(CP 47,497 and isomers).
(lii) 5-(1,1-dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol
(cannabicyclohexanol, CP-47,497 C8 homologue and isomers).
(b) Any material, compound, mixture or preparation that contains any quantity of cannabimimetic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation. For the purposes of this subdivision, "cannabimimetic substances" means any substances within the following structural classes:
(i) 2‑(3-hydroxycyclohexyl)phenol with substitution at the 5‑position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent. Substances in the 2‑(3‑hydroxycyclohexyl)phenol generic definition include CP‑47,497, CP‑47,497 C8-Homolog, CP‑55,940 and CP‑56,667.
(ii) 3‑(naphthoyl)indole or 3‑(naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent. Substances in the 3-(naphthoyl)indole generic definition include AM‑678, AM‑2201, JWH‑004, JWH‑007, JWH‑009, JWH‑015, JWH‑016, JWH‑018, JWH‑019, JWH‑020, JWH‑046, JWH‑047, JWH‑048, JWH‑049, JWH‑050, JWH‑070, JWH‑071, JWH‑072, JWH‑073, JWH‑076, JWH‑079, JWH‑080, JWH‑081, JWH‑082, JWH‑094, JWH‑096, JWH‑098, JWH‑116, JWH‑120, JWH‑122, JWH‑148, JWH‑149, JWH‑175, JWH‑180, JWH‑181, JWH‑182, JWH‑184, JWH‑185, JWH‑189, JWH‑192, JWH‑193, JWH‑194, JWH‑195, JWH‑196, JWH‑197, JWH‑199, JWH‑200, JWH‑210, JWH‑211, JWH‑212, JWH‑213, JWH‑234, JWH‑235, JWH‑236, JWH‑239, JWH‑240, JWH‑241, JWH‑242, JWH‑262, JWH‑386, JWH‑387, JWH‑394, JWH‑395, JWH‑397, JWH‑398, JWH‑399, JWH‑400, JWH‑412, JWH‑413, JWH‑414 and JWH‑415.
(iii) 3‑naphthoyl-indazole or 3‑(naphthylmethane)‑indazole by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. Substances in the 3‑naphthoyl-indazole or 3‑(naphthylmethane)‑indazole generic definition include THJ2201 and THJ-018.
(iv) 3‑(naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. Substances in the 3‑(naphthoyl)pyrrole generic definition include JWH‑030, JWH‑145, JWH‑146, JWH‑147, JWH‑150, JWH‑156, JWH‑243, JWH‑244, JWH‑245, JWH‑246, JWH‑292, JWH‑293, JWH‑307, JWH‑308, JWH‑346, JWH‑348, JWH‑363, JWH‑364, JWH‑365, JWH‑367, JWH‑368, JWH‑369, JWH‑370, JWH‑371, JWH‑373 and JWH‑392.
(v) 1‑(naphthylmethylene)indene by substitution of the 3‑position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent. Substances in the 1‑(naphthylmethylene)indene generic definition include JWH‑176.
(vi) 3‑(phenylacetyl)indole or 3-(benzoyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. Substances in the 3‑(phenylacetyl)indole generic definition include AM‑694, AM‑2233, JWH‑167, JWH‑201, JWH‑202, JWH‑203, JWH‑204, JWH‑205, JWH‑206, JWH‑207, JWH‑208, JWH‑209, JWH-‑237, JWH‑248, JWH‑250, JWH‑251, JWH‑253, JWH‑302, JWH‑303, JWH‑304, JWH‑305, JWH‑306, JWH‑311, JWH‑312, JWH‑313, JWH‑314, JWH‑315, JWH‑316, RCS-4, RCS‑8, SR‑18 and SR‑19.
(vii) 3‑(cyclopropylmethanone) indole or 3‑(cyclobutylmethanone) indole or 3‑(cyclopentylmethanone) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent. Substances in the 3‑(cyclopropylmethanone) indole generic definition include UR‑144, fluoro‑UR‑144 and XLR‑11.
(viii) 3‑adamantoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent. Substances in the 3-adamantoylindole generic definition include AB‑001.
(ix) N‑(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent. Substances in the N‑(adamantyl)‑indole-3-carboxamide generic definition include SDB‑001.
(x) Indole-3-carboxamide oriIndazole-3-carboxamide with substitution at the nitrogen atom of the indole ring or by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted on the indole ring or the indazole ring to any extent, whether or not substituted on the nitrogen of the carboxamide to any extent. Substances in the indole-3‑carboxamide or indazole‑3‑carboxamide generic definition include AKB‑48, fluoro-AKB‑48, APINACA, AB-PINACA, AB‑FUBINACA, ABICA and ADBICA.
(xi) 8‑Quinolinyl-indole-3‑carboxylate or 8‑quinolinyl‑indazole‑3‑carboxylate by substitution at the nitrogen atom of the indole ring or by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted in the indole ring or indazole ring to any extent, whether or not substituted on the quinoline ring to any extent. Substances in the 8‑quinolinyl‑indole-3‑carboxylate or the 8‑quinolinyl‑indazole‑3‑carboxylate generic definition include PB‑22, fluoro‑PB‑22, NPB‑22 and fluoro‑NPB-22.
(xii) Naphthalenyl‑indole‑3‑carboxylate or naphthalenyl‑indazole‑3‑carboxylate by substitution at the nitrogen atom of the indole ring or by substitution at one or both of the nitrogen atoms of the indazole ring, whether or not further substituted in the indole or indazole ring to any extent, whether or not substituted on the naphthalenyl ring to any extent. Substances in the naphthalenyl‑indole-3‑carboxylate or naphthalenyl‑indazole‑3‑carboxylate generic definition include NM2201, FDU‑PB‑22, SDB‑005 and fluoro SDB‑005.
(c) Any material, compound, mixture or preparation that contains any quantity of the following substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers having a potential for abuse associated with a stimulant effect on the central nervous system:
(i) Alpha‑pyrrolidinobutiophenone (Alpha‑PBP).
(ii) Alpha‑pyrrolidinopropiophenone (Alpha‑PPP).
(iii) Alpha‑pyrrolidinovalerophenone (Alpha‑PVP).
(iv) Alpha‑pyrrolidinovalerothiophenone (Alpha-PVT).
(v) Aminoindane mimetic substances that are derived from aminoindane by any substitution at the indane ring, replacement of the amino group with another N group or any combination of the above. Substances in the aminoindane generic definition include MDAI, MMAI, IAI and AMMI.
(vi) Amphetamine.
(vii) Benzphetamine.
(viii) Benzylpiperazine (BZP).
(ix) Beta‑keto‑n‑methylbenzodioxolylbutanamine (Butylone).
(x) Beta‑keto‑n‑methylbenzodioxolylpentanamine (Pentylone).
(xi) Butorphanol.
(xii) Cathine ((+)‑norpseudoephedrine).
(xiii) Cathinomimetic substances that are any substances derived from cathinone, (2‑amino‑1‑phenyl‑1‑propanone) by any substitution at the phenyl ring, any substitution at the 3 position, any substitution at the nitrogen atom or any combination of the above substitutions.
(xiv) Cathinone.
(xv) 2‑(4‑Chloro‑2,5‑dimethoxyphenyl)ethanamine (2C‑C).
(xvi) Chlorphentermine.
(xvii) Clortermine.
(xviii) Diethylpropion.
(xix) Dihydro‑5H‑indeno‑(5,6‑d)‑1,3‑dioxol‑6‑amine) (MDAI).
(xx) 2‑(2,5‑Dimethoxy‑4‑ethylphenyl)ethanamine (2C‑E).
(xxi) 2‑(2,5‑Dimethoxy‑4‑methylphenyl)ethanamine (2C‑D).
(xxii) 2‑(2,5‑Dimethoxy‑4‑nitro‑phenyl)ethanamine (2C‑N).
(xxiii) 2‑(2,5-Dimethoxy‑4‑(n)‑propylphenyl)ethanamine (2C‑P).
(xxiv) 2‑(2,5‑Dimethoxyphenyl)ethanamine (2C‑H).
(xxv) Dimethylcathinone (Metamfepramone).
(xxvi) Ethcathinone.
(xxvii) 2‑[4‑(Ethylthio)‑2,5‑dimethoxyphenyl]ethanamine (2C‑T‑2).
(xxviii) Fencamfamin.
(xxix) Fenethylline.
(xxx) Fenproporex.
(xxxi) Fluoroamphetamine.
(xxxii) Fluoromethamphetamine.
(xxxiii) Fluoromethcathinone.
(xxxiv) 2‑(4‑Iodo‑2,5-dimethoxyphenyl)ethanamine (2C‑I).
(xxxv) 2‑[4‑(Isopropylthio)‑2,5‑dimethoxyphenyl]ethanamine(2C‑T‑4).
(xxxvi) Mazindol.
(xxxvii) Mefenorex.
(xxxviii) Methamphetamine.
(xxxix) Methcathinone.
(xl) Methiopropamine.
(xli) Methoxy-alpha-pyrrolidinopropiophenone (MOPPP).
(xlii) Methoxymethcathinone (methedrone).
(xliii) Methoxyphenethylamine mimetic substances that are any substances derived from 2, 5-dimethoxy-phenethylamine by any substitution at the phenyl ring, any substitution at the nitrogen atom, any substitutions at the carbon atoms of the ethylamine, or any combination of the above substitutions.
(xliv) 4‑methylaminorex.
(xlv) Methyl‑a‑pyrrolidinobutiophenone (MPBP).
(xlvi) Methylenedioxy‑alphapyrrolidinopropiophenone (MDPPP).
(xlvii) Methylenedioxyethcathinone (Ethylone).
(xlviii) Methylenedioxymethcathinone (Methylone).
(xlix) Methylenedioxypyrovalerone (MDPV).
(l) Methylmethcathinone (Mephedrone).
(li) Methylphenidate.
(lii) Modafinil.
(liii) Naphthylpyrovalerone (Naphyrone).
(liv) N‑ethylamphetamine.
(lv) N, N‑dimethylamphetamine.
(lvi) Pemoline.
(lvii) Phendimetrazine.
(lviii) Phenmetrazine.
(lix) Phentermine.
(lx) Pipradol.
(lxi) Propylhexedrine.
(lxii) Pyrovalerone.
(lxiii) Sibutramine.
(lxiv) Spa ((-)‑1‑dimethylamino‑1,2‑diphenylethane).
(d) Any material, compound, mixture or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(i) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, unless specifically excepted.
(ii) Alprazolam.
(iii) Bromazepam.
(iv) Camazepam.
(v) Carisoprodol.
(vi) Chloral betaine.
(vii) Chloral hydrate.
(viii) Chlordiazepoxide.
(ix) Chlorhexadol.
(x) Clobazam.
(xi) Clonazepam.
(xii) Clorazepate.
(xiii) Clotiazepam.
(xiv) Cloxazolam.
(xv) Delorazepam.
(xvi) Diazepam.
(xvii) Dichloralphenazone.
(xviii) Estazolam.
(xix) Ethchlorvynol.
(xx) Ethinamate.
(xxi) Ethyl loflazepate.
(xxii) Etizolam.
(xxiii) Fenfluramine.
(xxiv) Fludiazepam.
(xxv) Flunitrazepam.
(xxvi) Flurazepam.
(xxvii) Gamma hydroxy butyrate.
(xxviii) Glutethimide.
(xxix) Halazepam.
(xxx) Haloxazolam.
(xxxi) Hydroxyphencyclidine (HO-PCP).
(xxxii) Ketamine.
(xxxiii) Ketazolam.
(xxxiv) Loprazolam.
(xxxv) Lorazepam.
(xxxvi) Lormetazepam.
(xxxvii) Lysergic acid.
(xxxviii) Mebutamate.
(xxxix) Mecloqualone.
(xl) Medazepam.
(xli) Meprobamate.
(xlii) Methaqualone.
(xliii) Methohexital.
(xliv) 2‑(methoxyphenyl)‑2‑(ethylamino)cyclohexanone (Methoxetamine).
(xlv) 2‑(methoxyphenyl)‑2‑(methylamino)cyclohexanone
(Methoxyketamine).
(xlvi) Methoxyphencyclidine(MeO-PCP).
(xlvii) Methyprylon.
(xlviii) Midazolam.
(xlix) Nimetazepam.
(l) Nitrazepam.
(li) Nordiazepam.
(lii) Oxazepam.
(liii) Oxazolam.
(liv) Paraldehyde.
(lv) Petrichloral.
(lvi) Phencyclidine (PCP).
(lvii) Phencyclidine mimetic substances that are any substances derived from phenylcyclohexylpiperidine by any substitution at the phenyl ring, any substitution at the piperidine ring, any substitution at the cyclohexyl ring, any replacement of the phenyl ring or any combination of the above. Substances in the phenylcyclohexylpiperidine generic definition include Amino‑PCP, BCP, Bromo‑PCP, BTCP, Chloro‑PCP, Fluoro‑PCP, HO‑PCP, MeO‑PCP, Methyl‑PCP, Nitro‑PCP, Oxo‑PCP, PCE, PCM, PCPY, TCP and TCPY.
(lviii) Pinazepam.
(lix) Prazepam.
(lx) Scopolamine.
(lxi) Sulfondiethylmethane.
(lxii) Sulfonethylmethane.
(lxiii) Sulfonmethane.
(lxiv) Quazepam.
(lxv) Temazepam.
(lxvi) Tetrazepam.
(lxvii) Tiletamine.
(lxviii) Triazolam.
(lxix) Zaleplon.
(lxx) Zolazepam.
(lxxi) Zolpidem.
(lxxii) Zopiclone.
(e) Any material, compound, mixture or preparation that contains any quantity of the following anabolic steroids and their salts, isomers or esters:
(i) Boldenone.
(ii) Clostebol (4‑chlorotestosterone).
(iii) Dehydrochloromethyltestosterone.
(iv) Drostanolone.
(v) Ethylestrenol.
(vi) Fluoxymesterone.
(vii) Formebulone (formebolone).
(viii) Mesterolone.
(ix) Methandriol.
(x) Methandrostenolone (methandienone).
(xi) Methenolone.
(xii) Methyltestosterone.
(xiii) Mibolerone.
(xiv) Nandrolone.
(xv) Norethandrolon.
(xvi) Oxandrolone.
(xvii) Oxymesterone.
(xviii) Oxymetholone.
(xix) Stanolone (4‑dihydrotestosterone).
(xx) Stanozolol.
(xxi) Testolactone.
(xxii) Testosterone.
(xxiii) Trenbolone.
7. "Deliver" means the actual, constructive or attempted exchange from one person to another, whether or not there is an agency relationship.
8. "Director" means the director of the department of health services.
9. "Dispense" means distribute, leave with, give away, dispose of or deliver.
10. "Drug court program" means a program that is established pursuant to section 13‑3422 by the presiding judge of the superior court in cooperation with the county attorney in a county for the purpose of prosecuting, adjudicating and treating drug dependent persons who meet the criteria and guidelines for entry into the program that are developed and agreed on by the presiding judge and the prosecutor.
11. "Drug dependent person" means a person who is using a substance that is listed in paragraph 6, 19, 20, 21 or 28 of this section and who is in a state of psychological or physical dependence, or both, arising from the use of that substance.
12. "Federal act" has the same meaning prescribed in section 32‑1901.
13. "Isoamidone" means any substance identified chemically as (4‑4‑diphenyl‑5-methyl‑6-dimethylaminohexanone‑3), or any salt of such substance, by whatever trade name designated.
14. "Isonipecaine" means any substance identified chemically as (1‑methyl‑4‑phenyl‑piperidine‑4‑carboxylic acid ethyl ester), or any salt of such substance, by whatever trade name designated.
15. "Ketobemidone" means any substance identified chemically as (4‑(3‑hydroxyphenyl)‑1‑methyl‑4‑piperidylethyl ketone hydrochloride), or any salt of such substance, by whatever trade name designated.
16. "Licensed" or "permitted" means authorized by the laws of this state to do certain things.
17. "Manufacture" means produce, prepare, propagate, compound, mix or process, directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Manufacture includes any packaging or repackaging or labeling or relabeling of containers. Manufacture does not include any producing, preparing, propagating, compounding, mixing, processing, packaging or labeling done in conformity with applicable state and local laws and rules by a licensed practitioner incident to and in the course of his licensed practice.
18. "Manufacturer" means a person who manufactures a narcotic or dangerous drug or other substance controlled by this chapter.
19. "Marijuana" means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. Marijuana does not include the mature stalks of such plant or the sterilized seed of such plant which is incapable of germination.
20. "Narcotic drugs" means the following, whether of natural or synthetic origin and any substance neither chemically nor physically distinguishable from them:
(a) Acetyl‑alpha-methylfentanyl.
(b) Acetylmethadol.
(c) Alfentanil.
(d) Allylprodine.
(e) Alphacetylmethadol.
(f) Alphameprodine.
(g) Alphamethadol.
(h) Alpha‑methylfentanyl.
(i) Alpha‑methylthiofentanyl.
(j) Alphaprodine.
(k) Amidone (methadone).
(l) Anileridine.
(m) Benzethidine.
(n) Benzylfentanyl.
(o) Betacetylmethadol.
(p) Beta‑hydroxyfentanyl.
(q) Beta‑hydroxy‑3‑methylfentanyl.
(r) Betameprodine.
(s) Betamethadol.
(t) Betaprodine.
(u) Bezitramide.
(v) Buprenorphine and its salts.
(w) Cannabis.
(x) Carfentanil.
(y) 4‑chloro‑n‑[‑1‑[2‑(4‑nitrophenyl)ethyl]‑2‑piperidinylidene]benzenesulfonamide (W-18).
(z) 4‑chloro‑n-[1‑(2‑pheylethyl)‑2‑piperidinylidene] benzenesulfonamide (W‑15).
(aa) Clonitazene.
(bb) Coca leaves.
(cc) 1‑cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT‑45).
(dd) Dextromoramide.
(ee) Dextropropoxyphene.
(ff) Diampromide.
(gg) 3,4‑dichloro‑n‑(‑[1‑(dimethylamino)cyclohexyl]methyl)‑benzamide (AH-7921).
(hh) 3,4‑dichloro‑n‑[2‑(dimethylamino)cyclohexyl]‑N‑methylbenzamide (U‑47700).
(ii) Diethylthiambutene.
(jj) Difenoxin.
(kk) Dihydrocodeine.
(ll) Dimenoxadol.
(mm) Dimepheptanol.
(nn) Dimethylthiambutene.
(oo) Dioxaphetyl butyrate.
(pp) Diphenidine (DEP).
(qq) Diphenoxylate.
(rr) Dipipanone.
(ss) Ephenidine.
(tt) Ethylmethylthiambutene.
(uu) Etonitazene.
(vv) Etoxeridine.
(ww) Fentanyl.
(xx) Fentanyl mimetic substances that are any substances derived from fentanyl by any substitution in the phenethyl group, any substitution in the piperidine ring, any substitution in the aniline ring, any replacement of the phenyl portion of the phenethyl group, any replacement of the N-propionyl group or any combination of the above.
(yy) Furethidine.
(zz) Hydroxypethidine.
(aaa) Isoamidone (isomethadone).
(bbb) Isophenidine.
(ccc) Pethidine (meperidine).
(ddd) Ketobemidone.
(eee) Lefetamine.
(fff) Levomethorphan.
(ggg) Levomoramide.
(hhh) Levophenacylmorphan.
(iii) Levorphanol.
(jjj) Metazocine.
(kkk) Methoxphenidine (MXP).
(lll) 3‑methylfentanyl.
(mmm) 1‑methyl‑4‑phenyl‑4‑propionoxypiperidine (MPPP).
(nnn) 3‑methylthiofentanyl.
(ooo) Morpheridine.
(ppp) Noracymethadol.
(qqq) Norlevorphanol.
(rrr) Normethadone.
(sss) Norpipanone.
(ttt) Opium.
(uuu) Para‑fluorofentanyl.
(vvv) Pentazocine.
(www) Phenadoxone.
(xxx) Phenampromide.
(yyy) Phenazocine.
(zzz) 1‑(2‑phenethyl)‑4-phenyl‑4‑acetoxypiperidine (PEPAP).
(aaaa) Phenomorphan.
(bbbb) Phenoperidine.
(cccc) Piminodine.
(dddd) Piritramide.
(eeee) Proheptazine.
(ffff) Properidine.
(gggg) Propiram.
(hhhh) Racemethorphan.
(iiii) Racemoramide.
(jjjj) Racemorphan.
(kkkk) Remifentanil.
(llll) Sufentanil.
(mmmm) Thenylfentanyl.
(nnnn) Thiofentanyl.
(oooo) Tilidine.
(pppp) Tramadol, 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl) cyclohexanol, and its salts, optical and geometric isomers, and its salts of isomers.
(qqqq) Trimeperidine.
21. "Opium" means any compound, manufacture, salt, isomer, salt of isomer, derivative, mixture or preparation of the following, but does not include apomorphine or any of its salts:
(a) Acetorphine.
(b) Acetyldihydrocodeine.
(c) Benzylmorphine.
(d) Codeine.
(e) Codeine methylbromide.
(f) Codeine‑N‑oxide.
(g) Cyprenorphine.
(h) Desomorphine.
(i) Dihydromorphine.
(j) Drotebanol.
(k) Ethylmorphine.
(l) Etorphine.
(m) Heroin.
(n) Hydrocodone.
(o) Hydromorphinol.
(p) Hydromorphone.
(q) Levo-alphacetylmethadol.
(r) Methyldesorphine.
(s) Methyldihydromorphine.
(t) Metopon.
(u) Morphine.
(v) Morphine methylbromide.
(w) Morphine methylsulfonate.
(x) Morphine‑N‑oxide.
(y) Myrophine.
(z) Nalorphine.
(aa) Nicocodeine.
(bb) Nicomorphine.
(cc) Normorphine.
(dd) Oxycodone.
(ee) Oxymorphone.
(ff) Pholcodine.
(gg) Thebacon.
(hh) Thebaine.
22. "Ordinary ephedrine, pseudoephedrine, (-)‑norpseudoephedrine or phenylpropanolamine product" means a product that contains ephedrine, pseudoephedrine, (-)‑norpseudoephedrine or phenylpropanolamine and that is all of the following:
(a) Approved for sale under the federal act.
(b) Labeled, advertised and marketed only for an indication that is approved by the federal food and drug administration.
(c) Either:
(i) A nonliquid that is sold in package sizes of not more than three grams of ephedrine, pseudoephedrine, (-)‑norpseudoephedrine or phenlypropanolamine and that is packaged in blister packs containing not more than two dosage units or, if the use of blister packs is technically infeasible, that is packaged in unit dose packets or pouches.
(ii) A liquid that is sold in package sizes of not more than three grams of ephedrine, pseudoephedrine, (-)‑norpseudoephedrine or phenylpropanolamine.
23. "Peyote" means any part of a plant of the genus lophophora, known as the mescal button.
24. "Pharmacy" means a licensed business where drugs are compounded or dispensed by a licensed pharmacist.
25. "Practitioner" means a person licensed to prescribe and administer drugs.
26. "Precursor chemical I" means any material, compound, mixture or preparation which that contains any quantity of the following substances and their salts, optical isomers or salts of optical isomers:
(a) N‑acetylanthranilic acid.
(b) Anthranilic acid.
(c) Ephedrine.
(d) Ergotamine.
(e) Isosafrole.
(f) Lysergic acid.
(g) Methylamine.
(h) N‑ethylephedrine.
(i) N‑ethylpseudoephedrine.
(j) N‑methylephedrine.
(k) N‑methylpseudoephedrine.
(l) Norephedrine.
(m) (-)‑Norpseudoephedrine.
(n) Phenylacetic acid.
(o) Phenylpropanolamine.
(p) Piperidine.
(q) Pseudoephedrine.
27. "Precursor chemical II" means any material, compound, mixture or preparation which that contains any quantity of the following substances and their salts, optical isomers or salts of optical isomers:
(a) 4‑cyano‑2‑dimethylamino-4, 4‑diphenyl butane.
(b) 4‑cyano-1‑methyl‑4‑phenylpiperidine.
(c) Chlorephedrine.
(d) Chlorpseudoephedrine.
(e) Ethyl‑4‑phenylpiperidine‑4‑carboxylate.
(f) 2‑methyl‑3‑morpholino‑1, 1‑diphenylpropane‑carboxylic acid.
(g) 1‑methyl‑4‑phenylpiperidine‑4‑carboxylic acid.
(h) N‑formyl amphetamine.
(i) N‑formyl methamphetamine.
(j) Phenyl‑2‑propanone.
(k) 1‑piperidinocyclohexane carbonitrile.
(l) 1‑pyrrolidinocyclohexane carbonitrile.
28. "Prescription‑only drug" does not include a dangerous drug or narcotic drug but means:
(a) Any drug which that because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not generally recognized among experts, qualified by scientific training and experience to evaluate its safety and efficacy, as safe for use except by or under the supervision of a medical practitioner.
(b) Any drug that is limited by an approved new drug application under the federal act or section 32‑1962 to use under the supervision of a medical practitioner.
(c) Every potentially harmful drug, the labeling of which does not bear or contain full and adequate directions for use by the consumer.
(d) Any drug required by the federal act to bear on its label the legend "Caution: Federal law prohibits dispensing without prescription" or "Rx only".
29. "Produce" means grow, plant, cultivate, harvest, dry, process or prepare for sale.
30. "Regulated chemical" means the following substances in bulk form that are not a useful part of an otherwise lawful product:
(a) Acetic anhydride.
(b) Hypophosphorous acid.
(c) Iodine.
(d) Sodium acetate.
(e) Red phosphorus.
(f) Gamma butyrolactone (GBL).
(g) 1, 4‑butanediol.
(h) Butyrolactone.
(i) 1, 2 butanolide.
(j) 2‑oxanalone.
(k) Tetrahydro‑2‑furanone.
(l) Dihydro‑2(3H)‑furanone.
(m) Tetramethylene glycol.
31. "Retailer" means either:
(a) A person other than a practitioner who sells any precursor chemical or regulated chemical to another person for purposes of consumption and not resale, whether or not the person possesses a permit issued pursuant to title 32, chapter 18.
(b) A person other than a manufacturer or wholesaler who purchases, receives or acquires more than twenty-four grams of a precursor chemical.
32. "Sale" or "sell" means an exchange for anything of value or advantage, present or prospective.
33. "Sale for personal use" means the retail sale for a legitimate medical use in a single transaction to an individual customer, to an employer for dispensing to employees from first aid kits or medicine chests or to a school for administration pursuant to section 15‑344.
34. "Scientific purpose" means research, teaching or chemical analysis.
35. "Suspicious transaction" means a transaction to which any of the following applies:
(a) A report is required under the federal act.
(b) The circumstances would lead a reasonable person to believe that any person is attempting to possess a precursor chemical or regulated chemical for the purpose of unlawful manufacture of a dangerous drug or narcotic drug, based on such factors as the amount involved, the method of payment, the method of delivery and any past dealings with any participant.
(c) The transaction involves payment for precursor or regulated chemicals in cash or money orders in a total amount of more than two hundred dollars.
(d) The transaction involves a sale, a transfer or furnishing to a retailer for resale without a prescription of ephedrine, pseudoephedrine, (‑)‑norpseudoephedrine or phenylpropanolamine that is not an ordinary ephedrine, pseudoephedrine, (-)‑norpseudoephedrine or phenylpropanolamine product.
36. "Threshold amount" means a weight, market value or other form of measurement of an unlawful substance as follows:
(a) One gram of heroin.
(b) Nine grams of cocaine.
(c) Seven hundred fifty milligrams of cocaine base or hydrolyzed cocaine.
(d) Four grams or 50 milliliters of PCP.
(e) Nine grams of methamphetamine, including methamphetamine in liquid suspension.
(f) Nine grams of amphetamine, including amphetamine in liquid suspension.
(g) One‑half milliliter of lysergic acid diethylamide, or in the case of blotter dosage units fifty dosage units.
(h) Two pounds of marijuana.
(i) For any combination consisting solely of those unlawful substances listed in subdivisions (a) through (h) of this paragraph, an amount equal to or in excess of the threshold amount, as determined by the application of section 13‑3420.
(j) For any unlawful substance not listed in subdivisions (a) through (h) of this paragraph or any combination involving any unlawful substance not listed in subdivisions (a) through (h) of this paragraph, a value of at least one thousand dollars.
37. "Transfer" means furnish, deliver or give away.
38. "Vapor‑releasing substance containing a toxic substance" means a material which that releases vapors or fumes containing any of the following:
(a) Ketones, including acetone, methyl ethyl ketone, mibk, miak, isophorone and mesityl oxide.
(b) Hydrocarbons, including propane, butane, pentane, hexane, heptane and halogenated hydrocarbons.
(c) Ethylene dichloride.
(d) Pentachlorophenol.
(e) Chloroform.
(f) Methylene chloride.
(g) Trichloroethylene.
(h) Difluoroethane.
(i) Tetrafluoroethane.
(j) Aldehydes, including formaldehyde.
(k) Acetates, including ethyl acetate and butyl acetate.
(l) Aromatics, including benzene, toluene, xylene, ethylbenzene and cumene.
(m) Alcohols, including methyl alcohol, ethyl alcohol, isopropyl alcohol, butyl alcohol and diacetone alcohol.
(n) Ether, including Diethyl ether and petroleum ether.
(o) Nitrous oxide.
(p) Amyl nitrite.
(q) Isobutyl nitrite.
39. "Weight" unless otherwise specified includes the entire weight of any mixture or substance that contains a detectable amount of an unlawful substance. If a mixture or substance contains more than one unlawful substance, the weight of the entire mixture or substance is assigned to the unlawful substance that results in the greater offense. If a mixture or substance contains lysergic acid diethylamide, the offense that results from the unlawful substance shall be based on the greater offense as determined by the entire weight of the mixture or substance or the number of blotter dosage units. For the purposes of this paragraph, "mixture" means any combination of substances from which the unlawful substance cannot be removed without a chemical process.
40. "Wholesaler" means a person who in the usual course of business lawfully supplies narcotic drugs, dangerous drugs, precursor chemicals or regulated chemicals that he himself has not produced or prepared, but not to a person for the purpose of consumption by the person, whether or not the wholesaler has a permit that is issued pursuant to title 32, chapter 18. Wholesaler includes a person who sells, delivers or dispenses a precursor chemical in an amount or under circumstances that would require registration as a distributor of precursor chemicals under the federal act.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2801, Arizona Revised Statutes, is amended to read:
36-2801. Definitions
In this chapter, unless the context otherwise requires:
1. "Allowable amount of marijuana"
(a) With respect to a qualifying patient, the "allowable amount of marijuana" means:
(i) Two-and-one-half ounces of usable marijuana; and
(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, the "allowable amount of marijuana" for each patient assisted by the designated caregiver under this chapter means:
(i) Two-and-one-half ounces of usable marijuana; and
(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) Marijuana that is incidental to medical use, but is not usable marijuana as defined in this chapter, shall not be counted toward a qualifying patient's or designated caregiver's allowable amount of marijuana.
2. "Cardholder" means a qualifying patient, a designated caregiver or a nonprofit medical marijuana dispensary 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, 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: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including those characteristic of epilepsy; or 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 Arizona 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 no 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 his service serving as a caregiver. Payment for costs under this subdivision shall does not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4 of this title.
6. "Enclosed, locked facility" means a closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit 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 the effective date of this chapter December 14, 2010 or was prosecuted by an authority other than the this state of Arizona.
8. "Marijuana" means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.
9. "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.
11. 10. "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.
10. 11. "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 who has not been convicted of an excluded felony offense.
12. "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.
13. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.
14. "Registry identification card" means a document that is issued by the department and that identifies a person as a registered qualifying patient, a registered designated caregiver or a registered nonprofit medical marijuana dispensary agent.
15. "Usable marijuana" means the dried flowers of the marijuana plant, including any extract or tincture derived from the plant, and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant and does not include the weight of any non‑marijuana ingredients combined with marijuana and prepared for consumption as food or drink.
16. "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 verification of registry identification cards.
17. "Visiting qualifying patient" means a person:
(a) Who is not a resident of Arizona this state or who has been a resident of Arizona this state 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 this state less than thirty days, the state of the person's former residence.
18. "Written certification" means a document that is dated and signed by a physician, stating and that states 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.
Sec. 3. Retroactivity
Section 36‑2801, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after December 13, 2010.
Sec. 4. 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, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.
