House Committee Moves To Block Medical Marijuana Purchases

Currently cash assistance benefits can be used to buy prescriptions, but HB2261 would prevent the purchase of medical marijuana. The bill passed on a 4-1 vote of the Arizona House Judiciary Committee on Wednesday.

Specifically, the bill “establishes a penalty for the unlawful use of cash assistance electronic benefit transfer (EBT) cards at specific locations.

Rep. Dr. Randall Friese said he was “a little bit conflicted being a physician and being a prescriber. I have concerns about not being able to purchase necessary prescriptions.” Friese said it is hard to understand why a patient would not be able to purchase the drugs they have been prescribed. He stated that he understands a prohibition against using the benefits for recreational use marijuana.

HB2261: electronic benefit transfers; prohibitions; violations provides:

1. Makes it a Class 1 misdemeanor (up to six months in jail, $2,500 fines plus surcharges) for any of the following businesses to operate on their licensed premises an automatic teller machine (ATM) or a point-of-sale terminal (POS terminal) that accepts cash assistance EBT cards and processes cash assistance EBT card transactions:
a. A liquor store;
b. A commercial horse racing or dog racing facility;
c. An adult oriented entertainment establishment (AOB).

2. Prohibits the use of cash assistance EBT cards at medical marijuana dispensaries. Makes a violation a Class 1 misdemeanor.

3. Removes municipal licensing and permitting requirements for AOBs.

4. Clarifies that having an ATM or POS terminal that accepts cash assistance EBT cards at an AOB is a license violation, instead of both a license and a permit violation.

A.R.S. Title 46, Article 5 governs the Temporary Assistance for Needy Families Program. Cash assistance is administered by the Department of Economic Security. To be eligible for cash assistance, a person must meet the specific criteria outlined in A.R.S § 46-292.

HB2261medical marijuanaRandall Friese