Last week, state Sen. Sonny Borrelli (R-Lake Havasu City) introduced a bill to legally require independent testing of marijuana sold at dispensaries. But that’s not the best part. The bill would also significantly lower card fees for patients from $150 a year to $100 for first-time registration and $50 for renewals.
SB 1420 is a clear response to revelation in the past several months that the Arizona Department of Health Services has been sitting on funds like Smaug resting on a mountain of gold. In the past year, reporters found that the DHS has accrued a coffer of up to $40 million from dispensary and patient licensing fees.
C4 Laboratories’ chief science officer, Dr. Hope Jones, helped draft this bill and a bill Borrelli introduced a last year to legalize the cultivation and sale of hemp. According to her, Borrelli was “pissed” when he learned about DHS’s nest egg.
“‘I want to force DHS to do their job,’ is exactly what he said to me,” she said. “That’s why he started the bill.”
Because the original law only requires the program to collect fees “sufficient” to run the program, there has been little ability for recourse against the DHS. Last summer, patients brought a suit over the fees to Maricopa Superior Court, where the judge ruled that, while she agreed the fees were too high, she didn’t have the power to make any changes.
That’s where the state legislature steps in. The bill now has nearly unanimous support among the 90 state legislators in Phoenix—80 have signed on as cosponsors.
But that might not stick, according to Jones. Last Wednesday, Jan. 31, three Republican backers voted against the bill in the Senate Government Committee, dropping their support at the last minute in a legislative tactic to take the bill’s supporters by surprise.
Their “absurd rationalization…had everything to do with trying to keep drugs away from the kids,” Jones said. “Nothing was backed by the data. It was an assumption backed by fear mongering.”
The Republicans who suddenly pulled their support have chosen unfounded heebie-jeebies over the real effect this bill stands to have on the safety and wealth of medical marijuana patients.
Thanks to the Arizona Constitution, any changes to a ballot initiative, such as the Arizona Medical Marijuana Act, require a three-fourths vote in legislature to pass, and even then, only if the changes further the bill’s purpose.
“We’re a little worried,” Jones said.
With regards to testing requirements, the bill itself isn’t uncommon—several marijuana states already have something similar on the books, but the funny thing about that is most dispensaries do this on their own, anyway.
But according to Jones, mislabeling concentrations is more of a concern. This poses severe burdens for people who require a certain dose of THC or CBD for their illness.
Dispensaries often test their products for mold and pesticide at third-party labs dedicated to marijuana. Tucson dispensary owners and managers have often said in conversation that they test to ensure the quality of the marijuana they’re selling to patients.
While that may be the PR statement, its unlikely dispensaries would spend the cash to test products if they had no interest the results. Though Tucson’s market it small—less than a dozen dispensaries total—the competition is fierce, and a reputation for slinging schwag isn’t something they want to be known for.
But concerns over marijuana quality aren’t entirely unfounded. In December, a Phoenix news investigation published an exclusive story uncovering the presence of mold and pesticides on three out of four samples from one Phoenix dispensary.
The sample size hardly warrants an “exposé,” but it does lead to questions about the frequency with which mold and pesticides find their way into patients’ products.
Jones also said that dispensaries may test for the sake of advertising that they test, regardless of the results.
Though the marijuana testing laboratories do stand to increase their business should the bill pass, there’s an upside when it comes to employment.
With roughly four “reputable” testing laboratories in the state, they’ll have to hire a lot of people to meet the increased demand in addition to conforming to certain testing standards for certification.
Another mysterious aspect of the business is that, because the transaction occurs between two private parties, the dispensary and the lab, testing results aren’t open to the public, which means it’s unlikely we’re to find out how much mold is in the marijuana without this bill.
Whether the new bill would increase costs on Arizona dispensaries has yet to be seen. Dispensaries that already test their marijuana would likely continue with business as usual, but those that don’t would now be legally required to dole out the dough to verify the quality of their goods.
As one of the only medical marijuana states that doesn’t legally require marijuana testing, lawmakers have probably wanted to get this law in place for a long time, but given the difficulty of changing a ballot initiative, knew it wouldn’t pass.
Packaging testing requirements with reduced fees was a smart compromise on their part.
This article appears in Feb 8-14, 2018.
Nick Meyers;
Well written and concise view of several aspects to the Tucson Marijuana community.
I go to Several states that have been longer established in the legal Marijuana laws. Washington & Oregon primarily, Washington has much tighter and stricter laws and standards than does Oregon. Washington every piece sold retail not matter flower to shatter to oil,edibles all are individually packaged and complete testing and potency is in the label.
The prices in Washington where this happens is about the same. look at weedmaps will tell you that. Lot of competition and with 10x more retail stores per capita than Tucson. The wage disparity is twice that of Washington $15.00 minimum wage now to start and lots hiring.
In summation of the above story about stiff competition and loss of profits I can relate to squeeze a tear out of Lincoln on a penny.
I am pleased to know that in regards to testing some do, some dont, some could, some wont, some should, this builds my confidants, yea give me some more of that “To Be Determined” line. We have Dr. Jones lobbying effort to behold there is no need to have any agreement to what to test for. It is an industry standard now the only reason to discuss is to decrease and limit the quality of testing. the AZDHS needs to implement the national industry standards such as Washington this is public knowledge no need to pay for bull consultation fees.
The biggest rub is the backdoor attempt to corner the market by limiting the labs and using them as a wholesale distribution setting prices and retailers. This would be obscene and completely against the patient product a complete conflict of interest. Listen these producers have amortized their overhead costs and now the facility is paid for the profits are fantastic. The producers and MPP want to make a governing body that siphons the profits diminishes the medical responsibilities to nothing.
When I get urequested text to specials, happy hour, get on down before it’s late. Shatter this that and the other to dispensaries I have never been to, This is slinging swag I am a patient not a user.
I feel in so many of my posts I dont give credit to the people that work in the industry means to so many.
I do want to get what I need, in a safe community atmosphere. The Tucson dispensaries have tried greatly to accommodate this.
like so many it is a true cross section of the community with that there are bond to be friction as one accepts the other. Another observation of the melting pot called Tucson
What is in my interest acquaintances is ” What is the MISSION “
It seems the mission is to make a free open legal like alcohol but not really. Not really because the need to have a whole new set of rules and laws.
Could it be to use and study the properties of marijuana expand on these possibly curtail in greatly the some of more debilitating drugs and to use Cannabis to complement in conjunction existing therapies.
Could the mission be a deterrent to opiate abuse and list oneself as an addict. Is it possible to advertise to be better and safer than alcohol as well as getting one off heroin Really.
My post are aimed solely to the nonfunctional AZDHS/MMj director and the “Arizona Dispensary Association” (ADA). There are ugly games being played on monies paid directly into enforcement, This is the rats nest in the whole as it is now. 3 Senators have extremely vested in the protection, I will call it what it is a RACKET.
I just took the time to read the SB-1420
Yea this is a backdoor to place patients over a stump on all fours and bind their appendages.
Get ready you haven’t seen nothing yet, I was curious why Ducey vetoed the HEMP bill overwhelmingly passed by the legislature.
This bill is a subversive attempt to sell to the legislature the whole of the marijuana over to the Department of Agriculture. the
Agriculture Director then will set up rules and regulations like on the way prop 205 was setting up monopolies. It will just be monitored from time to time by the health department if the situation comes up.
Any patient knows $100 savings is a big deal, but over a years time is chicklets like vein promised sprinkles on your cone.
If we go for this we are all screwed. The police will now be selling vice as it will be termed. But for the better good, patient are you kidding me losers stoners is what they are. But now they are paying for it
Here is the pay off grants to themselves BS. This is how the Hoffa got started absolutely no parameters on how or what the grant can be used for a total fleecing. Any patient would be an Idiot to go for this prop 205 and worse.
1. FORTY PERCENT OF THE NET REVENUES IN A PUBLIC SAFETY
2 GRANT PROGRAM FUND TO BE ADMINISTERED BY A TASK FORCE,
3 APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY,
4 TO SOLICIT, RECEIVE, REVIEW AND EVALUATE APPLICATIONS AND
5 AWARD GRANTS.
6 2. FORTY PERCENT OF THE NET REVENUES IN A PUBLIC
7 EDUCATION GRANT PROGRAM FUND TO BE ADMINISTERED BY A TASK
8 FORCE, APPOINTED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION,
9 TO SOLICIT, RECEIVE, REVIEW AND EVALUATE APPLICATIONS AND
10 AWARD GRANTS.
11 3. TWENTY PERCENT OF THE NET REVENUES IN A DRUG
12 TREATMENT AND REHABILITATION PROGRAM FUND ADMINISTERED BY A
13 TASK FORCE, APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF
14 HEALTH SERVICES, TO SOLICIT, RECEIVE, REVIEW AND EVALUATE
15 APPLICATIONS AND AWARD GRANTS.