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REFERENCE TITLE: medical marijuana; invalidity; exception |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1716 |
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Introduced by Senator Gowan
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An Act
amending section 36-2803.01, 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 36-2803.01, Arizona Revised Statutes, is amended to read:
36-2803.01. New dispensary registration certificates; issuance; priority; requirements; definition
A. Beginning on April 1, 2020, the department shall issue all new nonprofit medical marijuana dispensary registration certificates in the following order of priority based on the dispensary's geographic area as described in the registration certificate application:
1. The geographic area had a registered nonprofit medical marijuana dispensary move from the geographic area and the geographic area is at least twenty-five miles from another dispensary that has been issued a dispensary registration certificate.
2. The geographic area is at least twenty-five miles from another dispensary that has been issued a dispensary registration certificate.
3. According to rule, if there are no dispensary registration certificate applications as described in paragraph 1 or 2 of this subsection.
B. If the department receives multiple applications as described in subsection A, paragraph 1 of this section from previously approved nonprofit medical marijuana dispensary locations, the department shall approve the certificate for the application that serves the most qualifying patients within five miles of the proposed dispensary location. If the department receives multiple applications as described in subsection A, paragraph 2 of this section or if there are no applications from previously approved dispensary locations, the department may issue the registration certificate by random drawing.
C. A nonprofit medical marijuana dispensary that receives a registration certificate pursuant to subsection A, paragraph 1 or 2 of this section on or after April 1, 2020 must open the dispensary at the approved location within eighteen months after the application is approved or the registration certificate becomes invalid. This subsection does not apply to a nonprofit medical marijuana dispensary that was unable to open due to a restriction in the local ordinance.
D. A nonprofit medical marijuana dispensary that is issued a registration certificate pursuant to subsection A, paragraph 1 or 2 of this section may relocate only as follows:
1. If the dispensary is located within a city or town, only within that city or town.
2. If the dispensary is located within an unincorporated area, only within the unincorporated area of the county where the dispensary is located but not within twenty-five miles from another dispensary that has been issued a dispensary registration certificate.
E. For the purposes of this section, "geographic area" means a city, town or unincorporated area of a county.
Sec. 2. Retroactivity
Section 36-2803.01, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after December 31, 2022.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 36-2803.01, 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.
Sec. 4. 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.