(Sections 36‑2803, 36‑2804, 36‑2804.02, 36‑2804.03, 36‑2806 and 36‑2816 – failed to obtain the three‑fourths vote pursuant to article IV, part 1, Constitution of Arizona.)
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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SENATE BILL 1282 |
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AN ACT
amending sections 15‑977, 36‑2803, 36‑2804, 36‑2804.02, 36‑2804.03, 36‑2806 and 36‑2816, Arizona Revised Statutes; amending title 42, chapter 5, Arizona Revised Statutes, by adding article 10; relating to the Arizona medical marijuana act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-977, Arizona Revised Statutes, is amended to read:
15-977. Classroom site fund; definitions
A. The classroom site fund is established consisting of monies transferred to the fund pursuant to section 37‑521, subsection B, section 42‑5029, subsection E, paragraph 10 and section 42‑5029.02, subsection A, paragraph 10 and monies deposited in the fund pursuant to section 42‑5452. The department of education shall administer the fund. School districts and charter schools may not supplant existing school site funding with revenues from the fund. All monies distributed from the fund are intended for use at the school site. Each school district or charter school shall allocate forty percent of the monies for teacher compensation increases based on performance and employment related expenses, twenty percent of the monies for teacher base salary increases and employment related expenses and forty percent of the monies for maintenance and operation purposes as prescribed in subsection H of this section. Teacher compensation increases based on performance or teacher base salary increases distributed pursuant to this subsection shall supplement, and not supplant, teacher compensation monies from any other sources. The school district or charter school shall notify each school principal of the amount available to the school by April 15 of each year. The district or charter school shall request from the school's principal each school's priority for the allocation of the funds available to the school for each program listed under subsection H of this section. The amount budgeted by the school district or charter school pursuant to this section shall not be included in the allowable budget balance carryforward calculated pursuant to section 15‑943.01.
B. A school district governing board must adopt a performance based compensation system at a public hearing to allocate funding from the classroom site fund pursuant to subsection A of this section. Individual teacher performance as measured by the teacher's performance classification pursuant to section 15‑203, subsection A, paragraph 38 shall be a component of the school district's portion of the forty percent allocation for teacher compensation based on performance and employment related expenses.
C. A school district governing board shall vote on a performance based compensation system that includes the following elements:
1. School district performance and school performance.
2. Individual teacher performance as measured by the teacher's performance classification pursuant to section 15‑203, subsection A, paragraph 38. The individual teacher performance component shall account for thirty‑three percent of the forty percent allocation for teacher compensation based on performance and employment related expenses.
3. Measures of academic progress toward the academic standards adopted by the state board of education.
4. Other measures of academic progress.
5. Dropout or graduation rates.
6. Attendance rates.
7. Ratings of school quality by parents.
8. Ratings of school quality by students.
9. The input of teachers and administrators.
10. Approval of the performance based compensation system based on an affirmative vote of at least seventy percent of the teachers eligible to participate in the performance based compensation system.
11. An appeals process for teachers who have been denied performance based compensation.
12. Regular evaluation for effectiveness, which shall comply with section 15‑203, subsection A, paragraph 38.
D. A performance based compensation system shall include teacher professional development programs that are aligned with the elements of the performance based compensation system.
E. A school district governing board may modify the elements contained in subsection C of this section and consider additional elements when adopting a performance based compensation system. A school district governing board shall adopt any modifications or additional elements and specify the criteria used at a public hearing.
F. Until December 31, 2009, each school district shall develop an assessment plan for its performance based compensation system and submit the plan to the department of education by December 31 of each year. A copy of the performance based compensation system and assessment plan adopted by the school district governing board shall be included in the report submitted to the department of education.
G. Monies in the fund are continuously appropriated, are exempt from the provisions of section 35‑190 relating to lapsing of appropriations and shall be distributed as follows:
1. By March 30 of each year, the staff of the joint legislative budget committee shall determine a per pupil amount from the fund for the budget year using the estimated statewide weighted count for the current year pursuant to section 15‑943, paragraph 2, subdivision (a) and based on estimated available resources in the classroom site fund for the budget year adjusted for any prior year carryforward or shortfall.
2. The allocation to each charter school and school district for a fiscal year shall equal the per pupil amount established in paragraph 1 of this subsection for the fiscal year multiplied by the weighted student count for the school district or charter school for the fiscal year pursuant to section 15‑943, paragraph 2, subdivision (a). For the purposes of this paragraph, the weighted student count for a school district that serves as the district of attendance for nonresident pupils shall be increased to include nonresident pupils who attend school in the school district.
H. Monies distributed from the classroom site fund shall be spent for the following maintenance and operation purposes:
1. Class size reduction.
2. Teacher compensation increases.
3. Assessment intervention programs.
4. Teacher development.
5. Dropout prevention programs.
6. Teacher liability insurance premiums.
I. The district governing board or charter school shall allocate the classroom site fund monies to include, wherever possible, the priorities identified by the principals of the schools while assuring that the funds maximize classroom opportunities and conform to the authorized expenditures identified in subsection A of this section.
J. School districts and charter schools that receive monies from the classroom site fund shall submit a report by November 15 of each year to the superintendent of public instruction that provides an accounting of the expenditures of monies distributed from the fund during the previous fiscal year and a summary of the results of district and school programs funded with monies distributed from the fund. The department of education in conjunction with the auditor general shall prescribe the format of the report under this subsection.
K. School districts and charter schools that receive monies from the classroom site fund shall receive these monies monthly in an amount not to exceed one‑twelfth of the monies estimated pursuant to subsection G of this section, except that if there are insufficient monies in the fund that month to make payments, the distribution for that month shall be prorated for each school district or charter school. The department of education may make an additional payment in the current month for any prior month or months in which school districts or charter schools received a prorated payment if there are sufficient monies in the fund that month for the additional payments. The state is not required to make payments to a school district or charter school classroom site fund if the state classroom site fund revenue collections are insufficient to meet the estimated allocations to school districts and charter schools pursuant to subsection G of this section.
L. The state education system for committed youth shall receive monies from the classroom site fund in the same manner as school districts and charter schools. The Arizona state schools for the deaf and the blind shall receive monies from the classroom site fund in an amount that corresponds to the weighted student count for the current year pursuant to section 15‑943, paragraph 2, subdivision (b) for each pupil enrolled in the Arizona state schools for the deaf and the blind. Except as otherwise provided in this subsection, the Arizona state schools for the deaf and the blind and the state education system for committed youth are subject to this section in the same manner as school districts and charter schools.
M. Each school district and charter school, including school districts that unify pursuant to section 15‑448 or consolidate pursuant to section 15‑459, shall establish a local level classroom site fund to receive allocations from the state level classroom site fund. The local level classroom site fund shall be a budgetary controlled account. Interest charges for any registered warrants for the local level classroom site fund shall be a charge against the local level classroom site fund. Interest earned on monies in the local level classroom site fund shall be added to the local level classroom site fund as provided in section 15‑978. This state shall not be required to make payments to a school district or charter school local level classroom site fund that are in addition to monies transferred to the state level classroom site fund pursuant to section 37‑521, subsection B, section 42‑5029, subsection E, paragraph 10 and section 42‑5029.02, subsection A, paragraph 10 and monies deposited in the fund pursuant to section 42‑5452.
N. Monies distributed from the classroom site fund for class size reduction, assessment intervention and dropout prevention programs shall only be used for instructional purposes in the instruction function as defined in the uniform system of financial records, except that monies shall not be used for school‑sponsored athletics.
O. For the purposes of this section:
1. "Assessment intervention" means summer programs, after school programs, before school programs or tutoring programs that are specifically designed to ensure that pupils meet the Arizona academic standards as measured by the statewide assessment prescribed by section 15‑741.
2. "Class size reduction" means any maintenance and operations expenditure that is designed to reduce the ratio of pupils to classroom teachers, including the use of persons who serve as aides to classroom teachers.
Sec. 2. Subject
to the requirements of article IV, part 1, section 1, Constitution of Arizona,
section 36-2803, Arizona Revised Statutes, is amended to read:
36-2803. Rulemaking; notice
A. The department shall adopt rules:
1. Governing the manner in which the department
considers petitions from the public to add debilitating medical conditions or
treatments to the list of debilitating medical conditions set forth in section
36‑2801, paragraph 3, including public notice of, and an opportunity to
comment in a public hearing on, petitions.
2. Establishing the form and content of registration
and renewal applications submitted under this chapter.
3. Governing the manner in which the department
considers applications for and renewals of registry identification cards.
4. Governing nonprofit medical marijuana dispensaries,
for the purpose of protecting against diversion and theft without imposing an
undue burden on nonprofit medical marijuana dispensaries or compromising the
confidentiality of cardholders, including:
(a) The manner in which the department considers
applications for and renewals of registration certificates.
(b) Minimum oversight requirements for nonprofit
medical marijuana dispensaries.
(c) Minimum recordkeeping requirements for nonprofit
medical marijuana dispensaries.
(d) Minimum security requirements for nonprofit
medical marijuana dispensaries, including requirements for protection of each
registered nonprofit medical marijuana dispensary location by a fully
operational security alarm system.
(e) Procedures for suspending or revoking the
registration certificate of nonprofit medical marijuana dispensaries that
violate this chapter or the rules adopted pursuant to this section.
5. Except
as otherwise provided in this chapter, establishing application
and renewal fees for registry identification cards and nonprofit medical
marijuana dispensary registration certificates, according to the following:
(a) The total amount of all fees shall generate
revenues sufficient to implement and administer this chapter, except that fee
revenue may be offset or supplemented by private donations.
(b) Nonprofit medical marijuana dispensary
application fees may not exceed $5,000.
(c) Nonprofit medical marijuana dispensary renewal
fees may not exceed $1,000.
(d) The total amount of revenue from nonprofit
medical marijuana dispensary application and renewal fees and registry
identification card fees for nonprofit medical marijuana dispensary agents
shall be sufficient to implement and administer the nonprofit medical marijuana
dispensary provisions of this chapter, including the verification system,
except that the fee revenue may be offset or supplemented by private donations.
(e) The department
may establish a sliding scale of patient application and renewal fees based
on a qualifying patient's household income.
(f) (e) The department may consider
private donations under section 36‑2817 to reduce application and renewal
fees.
B. The department of health services shall adopt rules that
require each nonprofit medical marijuana dispensary to display in a conspicuous
location a sign that warns pregnant women about the potential dangers to
fetuses caused by smoking or ingesting marijuana while pregnant or to infants
while breastfeeding and the risk of being reported to the department of child
safety during pregnancy or at the birth of the child by persons who are
required to report. The rules shall include the specific warning
language that must be included on the sign. The cost and display of
the sign required by rule shall be borne by the nonprofit medical marijuana
dispensary. The rules shall also require each certifying physician
to attest that the physician has provided information to each qualifying female
patient that warns about the potential dangers to fetuses caused by smoking or
ingesting marijuana while pregnant or to infants while breastfeeding and the
risk of being reported to the department of child safety during pregnancy or at
the birth of the child by persons who are required to report.
C. The department is authorized to adopt the rules
set forth in subsections A and B of this section and shall adopt those rules
pursuant to title 41, chapter 6.
D. The department of health services shall post prominently
on its public website a warning about the potential dangers to fetuses caused
by smoking or ingesting marijuana while pregnant or to infants while
breastfeeding and the risk of being reported to the department of child safety
during pregnancy or at the birth of the child by persons who are required to
report.
Sec. 3. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 36-2804, Arizona Revised Statutes, is amended to read:
36-2804. Registration and certification of
nonprofit medical marijuana dispensaries
A. Nonprofit medical marijuana dispensaries shall
register with the department.
B. Not later than ninety days after receiving an
application for a nonprofit medical marijuana dispensary, the department shall
register the nonprofit medical marijuana dispensary and issue a registration
certificate and a random 20-digit twenty‑digit
alphanumeric identification number if:
1. The prospective nonprofit medical marijuana
dispensary has submitted the following:
(a) The application fee.
(b) An application, including:
(i) The legal name of the nonprofit medical marijuana
dispensary.
(ii) The physical address of the nonprofit medical
marijuana dispensary and the physical address of one additional location, if
any, where marijuana will be cultivated, neither of which may be within five
hundred feet of a public or private school existing before the date of the
nonprofit medical marijuana dispensary application.
(iii) The name, address and date of birth of each
principal officer and board member of the nonprofit medical marijuana
dispensary.
(iv) The name, address and date of birth of each nonprofit
medical marijuana dispensary agent.
(c) Operating procedures consistent with department
rules for oversight of the nonprofit medical marijuana dispensary, including
procedures to ensure accurate record-keeping recordkeeping and adequate security measures.
(d) If the city, town or county in which the
nonprofit medical marijuana dispensary would be located has enacted zoning
restrictions, a sworn statement certifying that the registered nonprofit
medical marijuana dispensary is in compliance with the restrictions.
2. None of the principal officers or board members
has been convicted of an excluded felony offense.
3. None of the principal officers or board members
has served as a principal officer or board member for a registered nonprofit
medical marijuana dispensary that has had its registration certificate revoked.
4. None of the principal officers or board members is
under twenty-one years of age.
C. The department may not issue more than one
nonprofit medical marijuana dispensary registration certificate for every ten
pharmacies that have registered under section 32-1929, have obtained a pharmacy
permit from the Arizona state board
of pharmacy and operate within the state except that the department may issue
nonprofit medical marijuana dispensary registration certificates in excess of
this limit if necessary to ensure that the department issues at least one
nonprofit medical marijuana dispensary registration certificate in each county
in which an application has been approved.
D. After the department issues a registration
certificate, a nonprofit medical marijuana dispensary may change the location
of the dispensary only to another location that is in the same community health
analysis area as established by the department at the time the original
registration certificate was issued. The new dispensary is subject
to all other requirements for a new dispensary.
D. E. The
department may conduct a criminal records check in order to carry out this
section.
Sec. 4. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 36-2804.02, Arizona Revised Statutes, is amended to read:
36-2804.02. Registration of qualifying patients
and designated caregivers; renewal
A. A qualifying patient may apply to the department
for a registry identification card by submitting:
1. Written certification issued by a physician within
the ninety days immediately preceding the date of application.
2. The application fee of fifty dollars.
3. An application, including:
(a) The name,
mailing address, residence address and date of birth of the qualifying patient
except that if the applicant is homeless no an address is not required.
(b) The name,
address and telephone number of the qualifying patient's physician.
(c) The name,
address and date of birth of the qualifying patient's designated caregiver, if
any.
(d) A statement signed by the qualifying patient pledging
not to divert marijuana to anyone who is not allowed to possess marijuana
pursuant to this chapter.
(e) A signed statement from the designated caregiver,
if any, agreeing to be the patient's designated caregiver and pledging not to
divert marijuana to anyone who is not allowed to possess marijuana pursuant to
this chapter.
(f) A designation as to who will be allowed to
cultivate marijuana plants for the qualifying patient's medical use if a
registered nonprofit medical marijuana dispensary is not operating within
twenty-five miles of the qualifying patient's home.
B. A qualifying patient shall pay a fee of twenty‑five
dollars to renew a registry identification card.
B. C. The
application for a qualifying patient's registry identification card shall ask
whether the patient would like the department to notify him the patient of any clinical
studies needing human subjects for research on the medical use of
marijuana. The department shall notify interested patients if it is
notified of studies that will be conducted in the United States.
Sec. 5. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 36-2804.03, Arizona Revised Statutes, is amended to read:
36-2804.03. Issuance of registry identification
cards
A. Except as provided in subsection B of this section and in section 36-2804.05,
the department shall:
1. Verify the information contained in an application
or renewal submitted pursuant to this chapter and approve or deny an
application or renewal within ten days of after receiving a the completed application
or renewal.
2. Issue a registry identification card to a
qualifying patient and his the
patient's designated caregiver, if any, within five days of after approving the
application or renewal. A designated caregiver must have a registry
identification card for each of his the caregiver's qualifying patients.
3. Issue each nonprofit medical marijuana dispensary
agent a registry identification card and log-in information for the
verification system within five days of after approving the application or
renewal.
B. The department may not issue a registry
identification card to a qualifying patient who is under the age of
eighteen years of age
unless:
1. The qualifying patient's physician has explained
the potential risks and benefits of the medical use of marijuana to the
custodial parent or legal guardian responsible for health care decisions for
the qualifying patient.
2. A custodial parent or legal guardian responsible
for health care decisions for the qualifying patient submits a written
certification from two physicians.
3. The custodial parent or legal guardian with
responsibility for health care decisions for the qualifying patient consents in
writing to:
(a) Allow the qualifying patient's medical use of
marijuana.
(b) Serve as the qualifying patient's designated
caregiver.
(c) Control the acquisition of the marijuana, the
dosage and the frequency of the medical use of marijuana by the qualifying patient.
C. A registry identification card, or its equivalent,
that is issued under the laws of another state, district, territory,
commonwealth or insular possession of the United States that allows a visiting
qualifying patient to possess or use marijuana for medical purposes in the
jurisdiction of issuance has the same force and effect when held by a visiting
qualifying patient as a registry identification card issued by the department, except that a and authorizes the visiting
qualifying patient is not authorized
to obtain marijuana from a nonprofit medical marijuana dispensary pursuant to section 36‑2806,
subsection I.
Sec. 6. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 36-2806, Arizona Revised Statutes, is amended to read:
36-2806. Registered
nonprofit medical marijuana dispensaries; requirements; nonresident cards;
definition
A. A registered nonprofit medical marijuana
dispensary shall be operated on a not-for-profit basis. The bylaws of a
registered nonprofit medical marijuana dispensary shall contain such provisions
relative to the disposition of revenues and receipts to establish and maintain
its nonprofit character. A registered nonprofit medical marijuana
dispensary need not be recognized as tax-exempt by the internal revenue service
and is not required to incorporate pursuant to title 10, chapter 19,
article 1.
B. The operating documents of a registered nonprofit
medical marijuana dispensary shall include procedures for the oversight of the
registered nonprofit medical marijuana dispensary and procedures to ensure
accurate recordkeeping.
C. A registered nonprofit medical marijuana
dispensary shall have a single at
least one secure entrance and shall implement appropriate
security measures to deter and prevent the theft of marijuana and unauthorized
entrance into areas containing marijuana. A registered nonprofit medical marijuana dispensary may
only have secure entrances.
D. A registered nonprofit medical marijuana
dispensary is prohibited from acquiring, possessing, cultivating,
manufacturing, delivering, transferring, transporting, supplying or dispensing
marijuana for any purpose except to assist registered qualifying patients with
the medical use of marijuana directly or through the registered qualifying
patients' designated caregivers.
E. All cultivation of marijuana must take place in an
enclosed, locked facility at a physical address provided to the department
during the registration process, which can only be accessed by registered
nonprofit medical marijuana dispensary agents associated in the registry with
the nonprofit medical marijuana dispensary.
F. A registered nonprofit medical marijuana
dispensary may acquire usable marijuana or marijuana plants from a registered
qualifying patient or a registered designated caregiver only if the registered
qualifying patient or registered designated caregiver receives no compensation
for the marijuana.
G. A nonprofit medical marijuana dispensary shall not
permit any person to consume marijuana on the property of a nonprofit medical
marijuana dispensary.
H. Registered nonprofit medical marijuana
dispensaries are subject to reasonable inspection by the
department. The department shall give reasonable notice of an
inspection under this subsection.
I. A registered nonprofit medical marijuana
dispensary in this state shall recognize the nonresident card of a visiting
qualifying patient and may dispense to that patient if all of the following
apply:
1. The state or
jurisdiction from which the holder or bearer obtained the nonresident card does
all of the following:
(a) Grants an exemption from criminal
prosecution for the medical use of marijuana.
(b) Maintains a database that provides
the information necessary to verify the authenticity or validity of the
nonresident card.
(c) Allows the department and registered
nonprofit medical marijuana dispensaries in this state to access the database
described in subdivision (b) of this paragraph.
2. The nonresident card has
an expiration date and is not expired.
3. The department determines
that the database described in paragraph 1, subdivision (b) of this
subsection can provide to nonprofit medical marijuana dispensaries in this
state information that is sufficiently accurate, current and specific as to
allow the dispensaries to verify that a person who holds or bears a nonresident
card is lawfully entitled to do so.
4. The holder or bearer of
the nonresident card agrees to abide by, and does abide by, the legal limits on
possessing marijuana for medical use in this state as prescribed in section 36‑2816.
J. For the purposes of the reciprocity described in
subsection I of this section:
1. The amount of medical marijuana that the holder or
bearer of a nonresident card is entitled to possess in that person's state or
jurisdiction of residence is not relevant.
2. The holder or bearer of a nonresident card, while
in this state, may not possess an amount of marijuana for medical use that
exceeds the limits prescribed in section 36‑2816.
K. For the purposes of this section,
"nonresident card" means a card or other identification that is
issued by a state or jurisdiction other than this state and that is the
functional equivalent of a registry identification card or letter of approval,
as determined by the department.
L. The
department of health services shall share all sales data collected from
registered nonprofit medical marijuana dispensaries with the department of
revenue. The department of health services shall revoke the registration of a
nonprofit medical marijuana dispensary that does not comply with the tax
requirements of title 42, chapter 5 as reported by the department of revenue.
Sec. 7. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 36-2816, Arizona Revised Statutes, is amended to read:
36-2816. Violations; classification; civil
penalty
A. A registered qualifying patient may not directly,
or through his the patient's designated
caregiver, obtain more than two-and-one-half ounces of marijuana from
registered nonprofit medical marijuana dispensaries in any fourteen-day period.
B. A registered nonprofit medical marijuana
dispensary or agent may not dispense, deliver or otherwise transfer marijuana
to a person other than another registered nonprofit medical marijuana
dispensary, a registered qualifying patient, or a registered qualifying patient's
registered designated caregiver or a
visiting qualifying patient pursuant to section 36‑2806, subsection I.
C. A registered nonprofit medical marijuana
dispensary may not acquire usable marijuana or mature marijuana plants from any
person other than another registered nonprofit medical marijuana dispensary, a
registered qualifying patient or a registered designated
caregiver. A knowing violation of this subsection is a class 2
felony.
D. It is a class 1 misdemeanor for any person,
including an employee or official of the department or another state agency or
local government, to breach the confidentiality of information obtained
pursuant to this chapter.
E. Making false statements
to a law enforcement official about any fact or circumstance relating to the
medical use of marijuana to avoid arrest or prosecution is subject to a civil
penalty of not more than five hundred dollars, which shall be in addition to
any other penalties that may apply for making a false statement or for the use
of marijuana other than use undertaken pursuant to this chapter.
Sec. 8. Title 42, chapter 5, Arizona Revised Statutes, is amended by adding article 10, to read:
ARTICLE 10. MEDICAL MARIJUANA EXCISE TAX
42-5451. Levy of tax
A. Beginning from and after December 31, 2018, an excise tax is imposed on marijuana and marijuana products that are sold by nonprofit medical marijuana dispensaries to qualifying patients for medical use as provided by title 36, chapter 28.1. The rate of the tax is three and one‑half percent of the retail price of the marijuana or marijuana product purchased by the qualifying patient.
B. The tax levied by this article is in addition to any transaction privilege taxes that otherwise apply to nonprofit medical marijuana dispensaries that dispense marijuana and marijuana products. For the purpose of levying and administering the tax, nonprofit medical marijuana dispensaries shall separately account for sales of marijuana and marijuana products from retail sales of other products that are not subject to the tax under this article. If a dispensary fails to maintain separate records, the tax under this article applies to all tangible personal property sold at retail by the dispensary.
42-5452. Administration; disposition of revenues
A. The department of revenue shall administer the tax pursuant to article 1 of this chapter unless the specific context of this article otherwise requires the department to adopt unique administrative measures by rule, including methods or procedures to identify marijuana or marijuana products or packages before retail sale.
B. The department shall deposit the net revenues collected pursuant to this article in the classroom site fund established by section 15‑977. The monies shall be used only for teacher compensation and base salary increases in addition to the amounts specified in section 15‑977.
42-5453. Enforcement; civil penalty
The tax under this article is subject to administration and enforcement pursuant to chapter 1 of this title.
Sec. 9. Department of health services;
rulemaking; exemption
Subject to the requirements of article IV, part 1, section 1,
Constitution of Arizona, the department of health services shall adopt rules to
address the use of secure entrances by registered nonprofit medical marijuana
dispensaries. For the purposes of this section, the department is exempt from
the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes,
for one year after the effective date of this act.
Sec. 10. Requirements for enactment;
three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of
Arizona, sections 36‑2803, 36-2804, 36‑2804.02, 36‑2804.03,
36‑2806 and 36‑2816, Arizona Revised Statutes, as amended by this
act, and section 9 of this act are effective only on the affirmative vote of at
least three‑fourths of the members of each house of the legislature.
Sec. 11. Requirements for enactment; two-thirds vote
Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.