The 2022 legislative session kicked off on Jan. 10, so it’s time as soon as once more to start out the lengthy slog by the sausage of lawmaking to sine die as legislators journey over each other to show who’s Trumpiest within the post-reality world.
There are already a number of payments meant to honor the Nice Man, from “President Donald J. Trump Day,” to renaming State Route 260 because the “Donald J. Trump Freeway,” each proposed by Sen. Wendy Rogers, one of many wackiest elected officers within the state if not the nation.
However we’ll depart orange derangement apart, as we right here on the Weedly have sufficient on our arms monitoring laws, usually proposed by prohibitionists in search of to weaken weed legal guidelines. (There’s the uncommon laws meant to create a extra equitable hashish program for Arizona shoppers.)
From final yr’s failed invoice to set limits on THC blood content material for DUI—which might be unconstitutional in Arizona, given the language of Prop 207—to Speaker Rusty Bowers’ persevering with efforts to color hashish customers as violent, child-eating zombies, proposed hashish laws continues to remind us that the definition of “authorized” is commonly a transferring goal.
Whereas some payments go off to die in obscurity, or are pulled by their sponsors within the case of the aforementioned DUI invoice, others awaken just like the undead in a B-grade horror film, holding advocates busy of their makes an attempt to guard voter rights.
That may be a ache within the ass for payments that may do some good for residents who voted for Prop 207 with the idea that it will really legalize weed and never simply make it a automobile for rich legal professionals to get even wealthier within the nascent adult-use, leisure market.
Below regular circumstances, the legislative course of is an arcane and complicated affair, however this session seems to be notably contentious and stuffed with intrigue, as 13 lawmakers have tendered resignations, whether or not as a result of they’ve had sufficient of the rancor or they’re in search of larger workplace.
There’s a chance there may very well be much more defectors, as 9 extra lawmakers are operating for larger workplace.
As of Monday, Jan. 17, practically 700 Home payments and greater than 200 Senate payments have dropped. Amongst them are three that may have an effect on hashish legal guidelines ought to they make it by the method.
Essentially the most urgent hashish laws proposed within the early days of this session is a Home invoice meant to deal with obtrusive issues with the social fairness program that’s a part of the Prop 207 legislation.
Extra on the social fairness entrance
The Arizona Division of Well being Providers, which oversees each the medical marijuana program and adult-use leisure, spent a number of months final yr writing and rewriting the foundations meant to offer communities disproportionately impacted by the struggle on medicine a bit of the large financial pie that has include the authorized hashish trade.
HB 2545, launched by Representatives Kevin Payne (R-LD21) and David Prepare dinner (R-LD8), makes an attempt to proper a number of the wrongs, by not permitting recipients of social fairness licenses to promote the license inside 10 years. In the event that they do, the license must go to a different particular person who qualifies for this system.
Because the invoice works its means by the method although, ADHS is making ready to have the lottery that can resolve who among the many 1,500 candidates will get the “golden tickets” price a minimum of $10 million every. That would occur as quickly as early February.
Social justice advocates throughout the state have tried to get ADHS to droop this system till extra equitable guidelines might be written (there’s a lawsuit to that finish making its means by the courts), however there are a number of issues with this effort, in response to Julie Gunnigle, the previous Arizona NORML political director.
“On its face, it seems like a great rule, however social fairness advocates need a full rewrite,” she mentioned. “The licenses ought to belong to the communities most straight affected by the struggle on hashish, and never people who is perhaps tempted to promote out to the massive gamers.”
Gunnigle mentioned that one of many program’s largest failings is that there is no such thing as a funding supply related to it, which opens the door for large operators to recreation the system.
HB2545 additionally doesn’t specify any penalties for non-compliance and, given the small window of time earlier than the lottery, will not be an emergency invoice. The licenses would possibly already be dispersed by the point it turns into legislation.
If it passes.
“It’s a noble name, but it surely doesn’t deal with the core points,” Gunnigle mentioned. “The true grift is in the way in which the administration contracts are written and it doesn’t deal with that. If this invoice passes, it will incentivize folks to promote their licenses earlier than the legislation even takes impact.”
Promoting invoice returns
HB2082, sponsored by Joanne Osborne (R-LD13), wouldn’t permit dispensaries to supply samples to clients, but in addition brings again an unpopular try to stifle dispensary promoting.
This one is a reprise of a invoice submitted by former Tucson Rep. Randy Friese that severely limits promoting and occasion sponsorship by dispensaries and might be seen as one other effort to maintain respectable hashish companies at arm’s size from the “free market” different forms of companies take pleasure in.
Whereas not as Draconian as HB2809, HB2802 has some common sense parts, akin to not promoting to clients who’re clearly intoxicated, or not permitting free samples for on-site use. There are additionally particular limits on promoting to people below the age of 21 and inside sure distances for church buildings, faculties and so on.
The actual hurt comes from limits on contributions to occasions that permit hashish dispensaries to grow to be extra built-in into their communities. Some contributions could be allowed, albeit with out “model acknowledgement” that would profit the corporate making the contribution.
Prime Leaf CEO and co-founder Brian Warde mentioned he is aware of concerning the invoice, which may very well be launched to its applicable committee as early as this week, and believes there could be unintended penalties ought to it grow to be legislation.
“As a corporation that has been civically minded since 2014 and has a historical past of supporting the faculties, arts and athletic occasions within the space, we’ve issues about limits being positioned on how we can assist the group,” he wrote in a latest e mail. “Whereas our contributions have at all times been appreciated by the entities that we assist, the Prime Leaf’s skill to offer has been notably vital all through the COVID pandemic, which has severely and negatively impacted a lot of stay occasions. Contributions like ours have allowed teams to proceed operations and serve our group, which we look ahead to doing for years to return. We really feel just like the restrictions outlined within the invoice are an pointless and problematic overreach.”
Given the invoice continues to be in its infancy, Warde and different dispensary homeowners, together with members of the Arizona Dispensary Affiliation, are following its progress and can possible meet with Osborne to offer enter and attempt to scale back the harm that may very well be completed.
Autism and PTSd as qualifying circumstances
HB2260, launched by Representatives Espinoza (D-LD19) and Andrea Dalessandro (D-LD2), seeks so as to add autism spectrum dysfunction and post-traumatic stress dysfunction for veterans, as qualifying circumstances for an Arizona medical hashish certification.
The invoice would permit a pediatrician to prescribe medical hashish to youths below the age of 18 below strict pointers and likewise assist destigmatize hashish use for PTSD amongst U.S. veterans.
This invoice is a reprise of HB2154, which died within the 2021 session.
