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Arizona HB 2349 – Campus Medical Marijuana Prohibition Bill Full Text

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marijuana billArizona HB 2349 Would Prohibit Medical Marijuana From College Campuses

I remember dealing with the medical marijuana ban on campus when I was in college. Despite the fact that I went to a state college, and I’m a medical marijuana patient licensed by the State, I had to leave campus if I needed to medicate. Sounds like medical marijuana patients who are attending college in Arizona are going to have to deal with the same BS if this bill goes through. I copied the bill below so that our readers in Arizona can know exactly what it is they are fighting. Contact your legislator and tell them that you won’t stand for this!

Introduced by

Representative Reeve

AN ACT

AMENDING TITLE 15, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 15-108; AMENDING TITLE 36, CHAPTER 7.1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 36-894; 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 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-108, to read:

15-108. Medical marijuana; school campuses; prohibition; definition

A. IN ADDITION TO THE LIMITATIONS PRESCRIBED IN SECTION 36-2802, A PERSON, INCLUDING A CARDHOLDER AS DEFINED IN SECTION 36?2801, MAY NOT LAWFULLY POSSESS OR USE MARIJUANA ON THE CAMPUS OF ANY EDUCATIONAL INSTITUTION IN THIS STATE.

B. FOR THE PURPOSES OF THIS SECTION, “EDUCATIONAL INSTITUTION” MEANS ANY PUBLIC OR PRIVATE UNIVERSITY, COLLEGE, COMMUNITY COLLEGE, POSTSECONDARY EDUCATIONAL INSTITUTION, HIGH SCHOOL, JUNIOR HIGH SCHOOL, MIDDLE SCHOOL, COMMON SCHOOL OR PRESCHOOL IN THIS STATE.

Sec. 2. Title 36, chapter 7.1, article 1, Arizona Revised Statutes, is amended by adding section 36-894, to read:

36-894. Medical marijuana; child care facilities; prohibition

A PERSON, INCLUDING A CARDHOLDER AS DEFINED IN SECTION 36?2801, MAY NOT LAWFULLY POSSESS OR USE MARIJUANA IN ANY CHILD CARE FACILITY IN THIS STATE.

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

Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 15?108 and 36-894, Arizona Revised Statutes, as added by this act, are effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.

OVERVIEW
HB 2349 prohibits any person from using or possessing marijuana on a school campus or in a child care facility. Contains a Proposition 105 clause.

HISTORY
In November of 2010, the Arizona voters passed Proposition 203, the Medical Marijuana Act (Act). The Act allows a patient who has a debilitating medical condition to obtain an allowable amount of marijuana from a nonprofit medical marijuana dispensary and to use and possess the marijuana for debilitating medical conditions, with the exception of certain locations. The Arizona Department of Health Services is required by the Act to establish a regulatory system for the distribution of marijuana for medical use including a system for approving, renewing and revoking a cardholder’s registration. Statute defines cardholder as a qualified patient, designated caregiver or nonprofit dispensary agent who has been issued and possesses a valid registry identification card.

Arizona Revised Statutes § 36-2802 prohibits a person from possessing or engaging in the medical use of marijuana on a school bus, on the grounds of any preschool, primary or secondary school and in any correctional facility.

PROVISIONS
· Prohibits the use or possession of marijuana on a school campus or in a child care facility by any person, including a medical marijuana cardholder.

· Requires the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105).

· Defines educational institution.

AMENDMENTS
Committee on Higher Education, Innovation and Reform
· Restructures the provisions by removing the definition of educational institution and specifically prohibiting the possession or use of marijuana on the campus of any public or private university, college, community college or post secondary educational institution and on the campus of any high school, junior high school, middle school, common school or preschool in Arizona.

· Adds a severability clause.

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