ARIZONA MEDICAL MARIJUANA LAWS

Since the release of rules on March 28, ADHS has clarified a few points. These clarifications are reflected in the Arizona Medical Marijuana RulesPDF and the Frequently Asked Questions. ADHS wanted to ensure the explanation is clear for those who may have printed or read the rules previously and have posted the following clarifications:


R9-17-302(A)(5) and R9-17-304(D)(1)(f)(ii)
The 03/28/11 rules allowed applicants for a dispensary registration certificate to submit documentation of $150,000 available to begin operating. The rule was clarified by requiring the documentation to be dated within 30 days before submitting the application, the monies to be under the control of the entity submitting the application or a principal officer of the entity, and the documentation to demonstrate that the monies had been under the control of the entity or principal officer for at least 30 days before the application was submitted.

R9-17-304(D)(1)
Two subsections were added: One subsection requires an applicant for a dispensary registration certificate to submit documentation from the local jurisdiction where the proposed dispensary is located that the local jurisdiction does not have any zoning restrictions or that the proposed dispensary location complies with the zoning restrictions. A second subsection requires an applicant for a dispensary registration certificate to submit documentation that the applicant owns the location of the proposed dispensary or has permission from the owner of the location to operate a dispensary at the location.

R9-17-313(E)
The 03/28/11 rules prohibited a medical director from providing a written certification for medical marijuana for a qualifying patient obtaining marijuana from the dispensary associated with the medical director. Because there is no way for a medical director to ensure that a qualifying patient would not obtain medical marijuana from the dispensary associated with the medical director, the rule was amended to prohibit a medical director from providing written certifications for medical marijuana to any qualifying patient.


AZ Statutes Governing the Arizona Medical Marijuana Program

The Arizona Revised Statutes (A.R.S.) represent the statutory laws of the state of Arizona. The A.R.S. and the Arizona Medical Marijuana Rules each contain requirements applicable to the Arizona Medical Marijuana Program. Accordingly, to fully understand all the requirements applicable to the Arizona Medical Marijuana Program, the A.R.S. and the Arizona Medical Marijuana Rules should be read in conjunction with each other.

A.R.S. Title 36
CHAPTER 28.1 ARIZONA MEDICAL MARIJUANA ACT
36-2801 Definitions
36-2801.01 Addition of debilitating medical conditions
36-2802 Arizona Medical Marijuana Act; limitations
36-2803 Rulemaking
36-2804 Registration and certification of nonprofit medical marijuana dispensaries
36-2804.01 Registration of nonprofit medical marijuana dispensary agents; notices; civil penalty; classification
36-2804.02 Registration of qualifying patients and designated caregivers
36-2804.03 Issuance of registry identification cards
36-2804.04 Registry identification cards
36-2804.05 Denial of registry identification card
36-2804.06 Expiration and renewal of registry identification cards and registration certificates; replacement
36-2805 Facility restrictions
36-2806 Registered nonprofit medical marijuana dispensaries; requirements
36-2806.01 Dispensary locations
36-2806.02 Dispensing marijuana for medical use
36-2807 Verification system
36-2808 Notifications to department; civil penalty
36-2809 Annual report
36-2810 Confidentiality
36-2811 Presumption of medical use of marijuana; protections; civil penalty
36-2813 Discrimination prohibited
36-2814 Acts not required; acts not prohibited
36-2815 Revocation
36-2816 Violations; civil penalty; classification
36-2817 Medical marijuana fund; private donations
36-2818 Enforcement of this act; mandamus
36-2819 Fingerprinting requirements


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