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REFERENCE TITLE: medical marijuana dispensaries; registration transfer |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1674 |
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Introduced by Senators Gowan: Borrelli; Representatives Biasiucci, Espinoza, Finchem
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AN ACT
Amending section 36‑2804, Arizona Revised Statutes; 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. 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; transfer of registration certificate
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. A nonprofit medical marijuana dispensary may not transfer or assign its dispensary registration certificate unless all of the following conditions are met, in which case the department shall issue a replacement dispensary registration certificate in the name of the transferee or assignee:
1. The transferring dispensary holds more than one dispensary registration certificate.
2. All dispensary registration certificates held by the transferring dispensary were initially issued more than five years before the application date to transfer or assign the dispensary registration certificate.
3. The transferring dispensary wishes to transfer the dispensary registration certificate to an entity that has the same principal officers or board members as the transferring dispensary at the time of the transfer or assignment.
4. The transferee or assignee meets all of the criteria necessary for the issuance of a dispensary registration certificate.
D. E. The department may conduct a criminal records check in order to carry out this section.
Sec. 2. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 36-2804, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.