Legislative committees forwarded six medical marijuana-related bills to the state Senate and House of Representatives on Wednesday afternoon, while keeping two bills addressing ownership of marijuana facilities under further review.
The House Rules Committee advanced five medical marijuana bills while the Senate Education Committee advanced another bill that originated in the upper chamber.
The lone bill advancing to the Senate, Senate Bill 243, would amend the Arkansas Medical Marijuana Amendment so that funding originally earmarked for vocational education funding goes instead to the Department of Career Education. It was scheduled to be considered Thursday, a schedule of legislative activities indicted.
SB243 would apparently conflict with House Bill 1369, one of the five bills to be considered by the House today. HB1369 drops the requirement to fund vocational training, requiring that the state first be reimbursed for administering the medical marijuana program and any excess revenue be directed to the states general revenue fund.
Other bills scheduled to be considered by the House include HB1049, which better defines which felonies would exclude people from operating a marijuana facility; HB1051, which adds a licensing process for marijuana transporters; and HB1057, which specifies how background checks are to be completed.
A fourth bill, HB1370, allows Alcoholic Beverage Control to regulate artwork, advertising, flavor, shape and labeling so medical marijuana does not appeal to children.
HB1298, which requires that dispensary of cultivation facility licenses be issued only to individual people and not businesses or groups, was rejected the House Rules Committee on Wednesday, the Arkansas Democrat-Gazette reported.
HB1371, which requires that Arkansans hold a 60 percent ownership interest in all dispensaries or cultivation facilities, was tabled Wednesday by the committee. HB1371 also contains a provision requiring licenses be awarded to individuals, not corporate entities.
The voter-approved Arkansas Medical Marijuana Amendment requires 60 percent of a marijuana facilitys owners to be Arkansans.
HB1371s sponsor, Rep. Doug House of North Little Rock, said his bill would close the loophole where the majority of owners could be Arkansans, but out-of-state interests could still hold a disproportionally larger share in the business.
David Couch, the Little Rock attorney that sponsored the amendment, told the Democrat-Gazette that he supported Houses bills.
I always anticipated that a license would be held by a resident, a natural person of this state, and the corporation that actually operated by the facility would be owned 60 percent by Arkansans, he said. You want a person to be held accountable, otherwise there’s lots of shenanigans that can go on.
Sen. Missy Irvin of Mountain View, whose district includes southeast Baxter County, western Fulton County and Stone County, is listed as a cross-chamber co-sponsor on HB1049, HB1298, HB1369, HB1370 and HB1371.
Both HB1298 and HB1371 are scheduled for further consideration from the House Rules Committee, legislative schedules indicate.
The committee on Wednesday did not consider HB1391, which would allow city council and quorum courts to ban marijuana facilities in their jurisdictions; HB1392, which would ban the manufacturing or marijuana-laced food or drink; and HB1400, which would ban the smoking of medical marijuana.
HB1391 is co-sponsored by Jack Fortner of Yellville, whose district includes Marion County and southwest Baxter County; John Payton of Wilburn, whose district includes southern Baxter County and Stone County; and Nelda Speaks of Mountain Home, whose district includes northern Baxter County.
HB1392 is co-sponsored by Fortner while Payton is listed as a co-sponsor on HB1400.
Any bill amending the Arkansas Medical Marijuana Amendment must be approved by a two-thirds majority in both the House and the Senate.
Two bills addressing the states medical marijuana program have already been approved by the Legislature and signed into law by Gov. Asa Hutchinson.
HB1026, signed into effect as Act 4 of the 91st General Assembly, pushed back the deadline for state agencies to publish departmental regulations pertaining to the program 60 days until May 8.
HB1058, which became Act 5 of the 91st General Assembly when signed, removed the requirement that physicians must weigh the pros and cons of medical marijuana when certifying that a patient has a qualifying medical condition. Act 5 also clarified that medical marijuana documents are not federally protected medical records but are exempt from the states Freedom of Information Act.
Marijuana legislation
A recap of the medical marijuana-related bills filed by the state Legislature during the 91st General Assembly:
HB1026 Pushes deadline for state agencies to publish marijuana regulations to May 8. Status: Signed into law as Act 4.
HB1049 Better defines excluded felonies that would bar people from operating a dispensary or cultivation facility. Status: Returned by the House Rules Committee as Do Pass; scheduled for the full House today.
HB1051 Adds licensing process for marijuana transporters. Status: Returned by the House Rules Committee as Do Pass; scheduled for the full House today.
HB1057 Specifies how background checks are to be completed. Status: Returned by the House Rules Committee as Do Pass; scheduled for the full House today.
HB1058 Strikes language requiring doctors to weigh benefits and risks of medical marijuana when certifying that a patient has a qualifying medical condition. Also specifies that medical marijuana records are not federally protected, but still confidential. Status: Signed into law as Act 5.
HB1298 Requires licenses for dispensary or cultivation facilities be issued to individual people, not businesses or groups. Status: Assigned to the House Rules Committee.
HB1369 Requires tax revenues from medical marijuana to first repay state for programs administration and enforcement; any excess would go to the states general revenue fund. Drops requirement that half of tax revenue go towards vocational and technical training. Status: Returned by the House Rules Committee as Do Pass; scheduled for the full House today.
HB1370 Allows Alcohol Beverage Commission to regulate artwork, building signs, indoor displays and other forms of medical marijuana marketing. The commission will also regulate the shape and flavors of any medical marijuana products. Requires child-safe packaging on medical marijuana products. Status: Returned by the House Rules Committee as Do Pass; scheduled for the full House today.
HB1371 Requires Medical Marijuana Commission to administer criminal background check of any owner, board member or officer of a dispensary or cultivation facility. Requires licenses for dispensaries or cultivation facilities to be issued to individuals, not corporate entities. Requires that Arkansans hold a 60 percent ownership interest in dispensaries and cultivation facilities. Status: Tabled by the House Rules Committee.
HB1391 Allows city council and quorum courts to vote to ban dispensaries and cultivation facilities from their jurisdictions. Also strikes language requiring dispensaries to be treated the same as a pharmacy for zoning purposes. Status: Assigned to the House Rules Committee.
HB1392 Prohibits the production or consumption of marijuana-laced food or drink. Makes an exception for qualified patients or their caregiver to mix marijuana into food/drink if that is required to aid in the consumption of medical marijuana. Status: Assigned to the House Rules Committee.
HB1400 Prohibits the smoking of medical marijuana anywhere in the state. Status: Assigned to the House Rules Committee.
HB1436 Dispensary or cultivation facility licenses expire on June 30. Registry ID cards for patients with chronic or life-long diseases are valid for 3 years. Waives annual requirement of certification for patients with chronic or life-long diseases. Status: Assigned to the House Rules Committee.
HB1451 Excludes U.S. military and members of the Arkansas National Guard from participating in medical marijuana program. Status: Assigned to the House Rules Committee.
HB1460 Provides protections for employers disciplining medical marijuana users. Further defines who a designated caregiver is and what a safety sensitive position is. Status: Assigned to the House Rules Committee.
SB238 Delays states medical marijuana program until 180 days after the federal government revises federal law to allow medical marijuana nationwide. Status: Assigned to the Senate Public Health, Welfare and Labor Committee.
SB243 Amends funding so that vocational education funding goes to Department of Career Education instead. Status: Returned by the Senate Education Committee as Do Pass; scheduled for the full Senate Thursday
SB254 Drops provision allowing dispensaries to grow a limited number of marijuana plants. Status: Assigned to the Senate Public Health, Welfare and Labor Committee.
News Moderator: Katelyn Baker
Full Article: Marijuana Bills Headed To State House, Senate
Author: Scott Liles
Contact: The Baxter Bulletin
Photo Credit: Glen Stubbe
Website: The Baxter Bulletin
