Since the release of rules on March 28, ADHS has clarified a few points. These clarifications are reflected in the Arizona Medical Marijuana Rules and General 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.
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.
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.
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.
|CHAPTER 28.1||ARIZONA MEDICAL MARIJUANA ACT|
|36-2801.01||Addition of debilitating medical conditions|
|36-2802||Arizona Medical Marijuana Act; limitations|
|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|
|36-2806||Registered nonprofit medical marijuana dispensaries; requirements|
|36-2806.02||Dispensing marijuana for medical use|
|36-2808||Notifications to department; civil penalty|
|36-2811||Presumption of medical use of marijuana; protections; civil penalty|
|36-2814||Acts not required; acts not prohibited|
|36-2816||Violations; civil penalty; classification|
|36-2817||Medical marijuana fund; private donations|
|36-2818||Enforcement of this act; mandamus|