Bill Text: AZ HB2298 | 2021 | Fifty-fifth Legislature 1st Regular | Chaptered

Bill Title: Medical marijuana; research; grants

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2021-07-09 - Chapter 419 [HB2298 Detail]

Download: Arizona-2021-HB2298-Chaptered.html



Senate Engrossed House Bill


medical marijuana; research; grants




State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session












Amending title 36, chapter 28.1, Arizona Revised Statutes, by adding section 36-2812; amending section 36-2817, Arizona Revised Statutes; relating to medical marijuana.




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, title 36, chapter 28.1, Arizona Revised Statutes, is amended by adding section 36-2812, Arizona Revised Statutes, to read:

START_STATUTE36-2812. Arizona biomedical research centre; medical marijuana fund; grants; marijuana clinical trials; requirements; exemption

A. The Arizona biomedical research centre in the department shall provide competitive grants from monies in the medical marijuana fund established by section 36-2817 for marijuana clinical trials that are approved by the United States food and drug administration for evaluating both the safety and efficacy of using marijuana in humans and researching the impacts of marijuana interactions with prescription drugs, nonprescription drugs and illicit drugs.

B. Clinical trials funded pursuant to subsection A of this section shall be conducted by Arizona-based researchers from nonprofit organizations or universities, be approved by the united states food and drug administration, the united states drug enforcement administration and an institutional review board and be publishable in peer-reviewed medical and public health journals. The centre shall prioritize randomized controlled clinical trials that study the treatment of autism, epilepsy, post-traumatic stress disorder and pain.

C. Notwithstanding title 13, chapter 34, a person who receives a grant for a marijuana clinical trial pursuant to this section and any of the person's employees working on the clinical trial may not be charged with or prosecuted for possession of marijuana that is cultivated for medical use when the person is working on the clinical trial.

D. the Arizona biomedical research centre may provide up to $5,000,000 annually for five consecutive years from the medical marijuana fund established by section 36-2817 to administer and award competitive grants pursuant to this section. The centre may not use more than five percent of these monies for administrative purposes. END_STATUTE

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:

START_STATUTE36-2817. Medical marijuana fund; private donations; fund transfers

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 medical marijuana fund may be used to provide grants for marijuana clinical trials conducted pursuant to section 36-2812.

C. D. Monies in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year.

D. E. On the effective date of this amendment to this section November 30, 2020, the director of the department shall transfer the following sums from the medical marijuana fund for the following purposes:

1. $15,000,000 to the Arizona teachers academy fund established by section 15-1655.

2. $10,000,000 to the department to fund the formation and operation of councils, commissions and programs dedicated to improving public health, including teen suicide prevention, the maternal mortality review program, improving youth health, substance abuse prevention, addressing adverse childhood experiences, the Arizona poison control system established pursuant to section 36-1161, the Arizona health improvement plan, the child fatality review team established pursuant to section 36-3501 and the chronic pain self management program.

3. $10,000,000 to the governor's office of highway safety to distribute grants for the following purposes:

(a) Reducing impaired driving, including conducting training programs and purchasing equipment for detecting, testing and enforcing laws against driving, flying or boating while impaired.

(b) Equipment, training and personnel costs for dedicated traffic enforcement.

4. $2,000,000 to the department to implement, carry out and enforce chapter 28.2 of this title.

5. $4,000,000 to the department to distribute grants to qualified nonprofit entities that will provide outreach to individuals who may be eligible to file petitions for expungement pursuant to section 36-2862 and will assist with the expungement petition process.  The department shall distribute grants pursuant to this paragraph on or before June 30, 2021.

6. $2,000,000 to the department of health services to develop and implement, in conjunction with the department of economic security and other state agencies, a social equity ownership program to promote the ownership and operation of marijuana establishments and marijuana testing facilities by individuals from communities disproportionately impacted by the enforcement of previous marijuana laws.  For the purposes of this paragraph, "marijuana establishment" and "marijuana testing facility" have the same meanings prescribed in section 36-2850. 

7. $1,000,000 to the department to fund programs and grants to qualified nonprofit organizations for education and community outreach related to chapter 28.2 of this title.

8. $1,000,000 to the smart and safe Arizona fund established by section 36-2856. END_STATUTE

Sec. 3. Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2812, Arizona Revised Statutes, as added by this act, and section 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.