ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
hemp-derived manufactured cannabinoids; prohibition
Purpose
Defines hemp-derived manufactured impairing cannabinoids. Contains requirements for enactment for initiation and referendum (Proposition 105).
Background
The Smart and
Safe Arizona Fund (Fund) consists of monies received from tax on the sale of
recreational marijuana products and license and registration fees. Monies in
the Fund are to be used to pay for costs to state agencies to implement 2020 Proposition
207. The remaining monies are distributed as follows: 1) 33 percent to
community college districts; 2) 31.4 percent to municipal police and fire
departments; 3) 25.4 percent to the Highway User Revenue Fund; 4) 10 percent to
the Justice Reinvestment Fund; and 5) 0.2 percent to the Attorney General (A.R.S.
36-2856).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Defines hemp-derived manufactured impairing cannabinoids as any cannabinoid that is derived from hemp and altered by a chemical reaction that changes the molecular structure of any natural cannabinoid derived from hemp to another cannabinoid with psychotropic properties that is found naturally in hemp that includes:
a) delta-8 tetrahydrocannabinol;
b) delta-10 tetrahydrocannabinol;
c) hexahydrocannabinol;
d) tetrahydrocannabiphoral; and
e) tetrahydrocannabinol acetate ester.
2. Excludes, from the definition of hemp-derived manufactured impairing cannabinoids, any cannabinoid derived from hemp that is produced by decarboxylation from naturally occurring cannabinoid without the use of a chemical catalyst or nonintoxicating cannabinoids derived from hemp including cannabidiol, cannabinol, cannabigerol, cannabichromene, cannabicyclol, cannabidivarin and cannabivarin.
3. Excludes hemp-derived manufactured impairing cannabinoids from the definition of industrial hemp.
4. Adds investigating and acting on the sale, marketing and distribution of hemp-derived manufactured impairing cannabinoids to the allowable uses of the Attorney General's portion of the Fund monies.
5. Prohibits a nonprofit medical marijuana dispensary or a marijuana establishment from acquiring, cultivating, possessing, manufacturing, delivering, processing, transferring, transporting, supplying, using, selling or dispensing hemp-derived manufactured impairing cannabinoids.
6. Makes technical and conforming changes.
7. Requires for enactment the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105).
8. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Changes the defined term from hemp-derived manufactured psychotropic cannabinoids to hemp-derived manufactured impairing cannabinoids.
2. Excludes, from the definition of hemp-derived manufactured impairing cannabinoids, any cannabinoid derived from hemp that is produced by decarboxylation from naturally occurring cannabinoid without the use of a chemical catalyst or nonintoxicating cannabinoids derived from hemp.
3. Removes tetrahydrocannabivarin from the definition of hemp-derived manufactured impairing cannabinoids.
4. Prohibits a nonprofit medical marijuana dispensary or a marijuana establishment from acquiring, cultivating, possessing, manufacturing, delivering, processing, transferring, transporting, supplying, using, selling or dispensing hemp-derived manufactured impairing cannabinoids.
5. Removes hemp-derived manufactured psychotropic cannabinoids from the definitions of marijuana, marijuana concentrate, usable marijuana and marijuana products.
6. Makes conforming changes.
Senate Action
APPROP 2/22/22 DP 8-1-1
Prepared by Senate Research
March 10, 2022
LMM/sr