SB 1337 — industrial hemp; licensing

SB1337 - 531R - SH Ver       SenateHouse Engrossed Senate Bill       State of Arizona Senate Fifty-third Legislature First Regular Session     SENATE BILL 1337       AN ACT   Amending title 3, chapter 2, Arizona Revised Statutes, by adding article 4.1;

appropriating monies;

B.  The purpose of this article is to promote the economy and agriculture in this state by allowing the development and regulation of industrial hemp,hemp whichby isinstitutions of higher learning or the department as part of an agricultural pilot program for the purpose of research into the growth, cultivation and marketing of INDUSTRIAL hemp as authorized by the agricultural act of 2014 (P.L.

128 Stat.

C.  TheC.  This article does not authorize any person to violate any federal law or regulation.  The director may not prohibitlicense a grower or adoptprocessor aunless rulethe thatgrower prohibitsor processor FIRST obtains a personvalid controlled substance registration from growingthe industrialUnited hempstates baseddEPARTMENT onof justice, drug enforcement administration, if required under federal law, or the legalPOSSESSION, statususe, sale, production, manufacturing or transportation of industrial hemp underis permitted by federal law.

B.  A grower or processor shall apply for a grower or processor license pursuant to the rules adopted by the director not later than onenine hundredmonths twenty days after the effective date of this section.

F.  The department may revoke or refuse to issue or renew a licensegrower or processor license for a violation of any rule adopted by the director that relates to agricultural operations or activities other than industrial hemp growing or processing.

C.  If the aggregate amount of marijuana involved in one offense or all of the offenses that are consolidated for trial equals or exceeds the statutory threshold amount, a person who is sentenced pursuant to subsection B, paragraph 5, 6, 8, 9 or 11 of this section is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the person has served the sentence imposed by the court, the person is eligible for release pursuant to section 41‑1604.07 or the sentence is commuted.

D.  In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of not less than seven hundred fifty dollars or three times the value as determined by the court of the marijuana involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title.  A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

Sec. 4.  Appropriations;

Arizona department of agriculture A.  The sum of $250,000 and 3 FTE positions are appropriated from the state general fund in fiscal year 2017-2018 to the Arizona department of agriculture plant services division for the purposes provided in this act.

B.  The sum of $422,000 is appropriated from the state general fund in fiscal year 2017-2018 to the Arizona department of agriculture for the state agricultural laboratory for the purposes provided in this act.