2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2821 - Medical marijuana testing advisory council; membership; duties; report; definitions

36-2821.
Medical marijuana testing advisory council;  membership;  duties;  report;  definitions
(Added with a 1998 Prop. 105 clause pursuant to L19,  Ch. 318)
A. The director shall establish a medical marijuana testing advisory council to assist and make recommendations to the director regarding administering and implementing this chapter. The director or the director's designee shall serve as the chairperson of the advisory council and shall appoint the following additional members to the council:
1. The president or executive director of a statewide nonprofit association representing the marijuana dispensaries,  or the person's designee.
2. The president or executive director of a statewide nonprofit cannabis testing association,  or the person's designee.
3. The president or executive director of a medical marijuana trade association that does not primarily consist of dispensaries or cannabis laboratory testing facility owners,  or the person's designee.
4. A representative of a nonprofit medical marijuana dispensary who is employed by the dispensary to cultivate medical marijuana and who has at least three years of medical marijuana cultivation experience.
5. A representative of an Arizona-based nonprofit medical marijuana dispensary that produces medical marijuana concentrates and that has been regularly sending products for testing who has at least three years of medical marijuana extraction experience.
6. A representative of an Arizona-based nonprofit medical marijuana dispensary that is primarily focused on producing medical marijuana edibles who has at least three years of medical marijuana edible production experience.
7. An owner of an Arizona-based cannabis testing laboratory.
8. A laboratory scientist who holds a doctorate or a bachelor of science degree and who has at least three years of experience in cannabis laboratory testing.
9. A registered qualifying patient.
10. A registered designated caregiver.
11. A representative of the department of public safety.
12. A licensed health care provider who specializes in treating substance use disorders and who has at least five years of experience.
13. One university faculty member from each university under the jurisdiction of the Arizona board of regents who is an academic appointment in the chemistry department or another related analytical lab testing area to function as independent subject matter experts.
14. A representative of a laboratory that conducts proficiency testing for laboratories in this state.
B. The medical marijuana testing advisory council shall make recommendations and consult with the director regarding:
1. Establishing a required testing program.
2. Testing and potency standards for medical marijuana.
3. Procedural requirements for collecting,  storing and testing samples of medical marijuana.
4. Reporting results to patients and the department.
5. Remediation and disposal requirements for medical marijuana that fails to meet testing standards.
6. Additional items as necessary.
C. The advisory council shall annually review the marijuana testing programs under this chapter and chapter 28.2 of this title and,  on or before the second Monday in January of each year,  shall submit to the president of the senate,  the speaker of the house of representatives,  the health and human services committee chairpersons of the senate and the house of representatives and the department of health services a report that does not disclose any identifying information and that includes at least the following:
1. An assessment as to whether an analyte should be removed from the required statutory testing panel.
2. The number of statements of deficiencies relating to testing that were issued to each nonprofit medical marijuana dispensary,  third-party independent laboratory,  marijuana establishment and marijuana testing facility in the preceding year,  the remediation efforts made to address each deficiency and the resolution of each statement of deficiency. The information may not disclose any identifying information but shall delineate the information by entity.
3. Any other recommendations on improving the testing programs.
D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38,  chapter 4,  article 2.
E. For the purposes of this section,  " marijuana establishment"  and " marijuana testing facility"  have the same meanings prescribed in section 36-2850.