Bill
Number: S.B. 1402
Gowan
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Requires the Department of Health
Services (DHS) to issue a new nonprofit medical marijuana dispensary
registration certificate if a final adjudication in a court of law:
a)
finds that
between January 1, 2017, and December 31, 2020, an applicant filed a complete
and compliant application;
b)
finds that
the proposed medical marijuana dispensary would have been located either in a
county with no registered medical dispensaries or in a location where there is
no medical dispensary within 25 miles;
c)
finds that
DHS declined to process the application; and
d)
requires DHS
to issue the applicant a medical dispensary certificate.
2. Permits a licensee to apply for a
nonprofit medical marijuana dispensary registration certificate or a
recreational marijuana establishment license and requires approval by DHS of
each qualified applicant on submittal of a completed application and fee.
3. Removes the exemption of recreational
marijuana dispensaries that transition to a dual license from laws regulating
the priority issuance of medical marijuana licenses by DHS.
4. Removes language asserting that medical
marijuana dispensary registration certificates issued to a recreational
marijuana dispensary under a dual license do not count toward the total number
of authorized medical marijuana dispensaries in the state or in a geographic
area.
5. Removes the authority of recreational marijuana
licensee's that become dual licensees to sell medical marijuana on request to
DHS.
6. Exempts DHS from statutory rulemaking
requirements for one year for purposes of approving dual licensees.
7. Adds an emergency clause.
Page 1, strike lines 44 and 45
Page 2, strike lines 1 and 2, insert:
"E. The department shall issue a new nonprofit medical
marijuana dispensary registration certificate if a final adjudication in a
court of law does all of the following:
1. finds
that During the period of January 1, 2017 through December 31, 2020, an
applicant filed a complete and compliant application with the department for a
nonprofit medical marijuana dispensary registration certificate.
2. finds
that The proposed nonprofit medical marijuana dispensary would have been
located either:
(a) In a
county where, at the time of the application, there was no registered nonprofit
medical marijuana dispensary.
(b) In a
location where, at the time of application, there was no registered nonprofit
medical marijuana dispensary within twenty-five miles.
3. finds
that The department declined to process the application notwithstanding the
requirements of section 36-2804, subsection C.
4. requires
The department to issue the applicant a nonprofit medical marijuana dispensary
registration certificate."
Line 35,
after "licensee" strike remainder of line
Strike lines
36 and 37
Line 38,
strike "the department." insert "may apply for"
Line 39,
after "certificate" strike remainder of line
Page 2,
strike lines 40 through 43, insert "or a marijuana
establishment license. The department shall issue a nonprofit
medical marijuana dispensary registration certificate or a marijuana
establishment license to each qualified applicant on submittal of a complete
application and the application fee."
Page 8,
between lines 10 and 11, insert:
"Sec. 3. Rulemaking exemption
Notwithstanding
any other law, for the purposes of this act, the department of health services
is exempt from the rulemaking requirements of title 41, chapter 6, Arizona
Revised Statutes, for one year after the effective date of this act."
Renumber to
conform
After line
15, insert:
"Sec. 5. Emergency
This
act is an emergency measure that is necessary to preserve the public peace,
health or safety and is operative immediately as provided by law."
Amend title to conform