Senate Engrossed
medical marijuana dispensaries; location |
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SENATE BILL 1105 |
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AN ACT
Amending sections 36-2804 and 36-2857, Arizona Revised Statutes; relating to medical marijuana.
(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
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, a child care facility or a facility that provides preschool programs 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. The department may conduct a criminal records check in order to carry out this section.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2857, Arizona Revised Statutes, is amended to read:
36-2857. Localities; marijuana establishments and marijuana testing facilities
A. A locality may:
1. Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas.
2. Limit the number of marijuana
establishments or marijuana testing facilities, or both.
3. Prohibit marijuana establishments or marijuana testing facilities, or both.
4. Regulate the time, place and manner of marijuana establishment and marijuana testing facility operations.
5. Establish reasonable restrictions on public signage regarding marijuana, marijuana establishments and marijuana testing facilities.
6. Prohibit or restrict delivery within
its jurisdiction.
B. A county may exercise its authority
pursuant to subsection A of this section only in unincorporated areas of the
county.
C. A locality may not enact any ordinance, regulation or rule that:
1. Is more restrictive than a comparable ordinance, regulation or rule that applies to nonprofit medical marijuana dispensaries.
2. Makes the operation of a marijuana establishment or marijuana testing facility unduly burdensome if the locality has not prohibited marijuana establishments or marijuana testing facilities.
3. Conflicts with this chapter or rules adopted pursuant to this chapter.
4. Prohibits the transportation of marijuana by a marijuana establishment or marijuana testing facility on public roads.
5. Restricts or interferes with the ability of a dual licensee or an entity eligible to become a dual licensee to operate a nonprofit medical marijuana dispensary and a marijuana establishment cooperatively at shared locations.
6. Except as expressly authorized by
this section or section 36-2851, prohibits or restricts any conduct or
transaction allowed by this chapter, or imposes any liability or penalty in
addition to that prescribed by this chapter for any conduct or transaction
constituting a violation of this chapter.
7. Allows a marijuana establishment
to locate within five hundred feet of a public or private school, a child care
facility or a facility feet of a public
or private school, a child care facility or a facility that
provides preschool programs.
Sec. 3. Applicability
This act applies to any nonprofit
medical marijuana dispensary registration certificate or marijuana
establishment license that is issued on or after the effective date of this
act.<<Sec. 3. Applicability
This act applies to
any nonprofit medical marijuana dispensary registration certificate or
marijuana establishment license issued on or after the effective date of this
act.>>
Sec. 4. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 36-2804 and 36-2857, Arizona Revised Statutes, as amended by this act, are effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.