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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: ED DP 6-0-1-0 | 3rd Read 29-0-1-0
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SB 1105: medical marijuana dispensaries; location
Sponsor: Senator Bolick, LD 2
House Engrossed
Overview
Adds child care facilities or facilities that provide preschool programs to the list of places a nonprofit medical marijuana dispensary and cultivation site is prohibited from being within 500 feet of. Prohibits a locality from enacting any ordinance, regulation or rule that allows a marijuana establishment to locate within 500 feet of a public or private school, child care facility or facility that provides preschool programs. Contains an applicability and Proposition 105 clause.
History
Nonprofit medical marijuana dispensaries must register with the Arizona Department of Health Services (DHS). DHS must register the nonprofit medical marijuana dispensary and issue a registration certificate and a random 20-digit alphanumeric identification number if, along with other requirements, the prospective nonprofit medical marijuana dispensary has submitted an application including: 1) the legal name of the nonprofit medical marijuana dispensary; 2) 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 500 feet of a public or private school existing before the date of the nonprofit medical marijuana dispensary application; 3) the name, address and date of birth of each principal officer and board member of the nonprofit medical marijuana dispensary; and 4) the name, address and date of birth of each nonprofit medical marijuana dispensary agent (A.R.S. § 36-2804).
A child care facility is any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor. A child care facility must not receive any child for care, supervision or training unless the facility is licensed by DHS. The director of DHS must prescribe reasonable rules regarding the health, safety and well-being of the children to be cared for in a child care facility (A.R.S. §§ 36-881, 36-882 and 36-883).
Provisions
1. Includes a child care facility or a facility that provides preschool programs that existed prior to the nonprofit medical marijuana dispensary's application in the list of locations a nonprofit medical marijuana dispensary or a cultivation site may not be within 500 feet of. (Sec. 1)
2. Forbids a locality from enacting any ordinance, regulation or rule that permits a marijuana establishment to locate within 500 feet of a public or private school, child care facility or facility that provides preschool programs. (Sec. 2)
3. Specifies that the location prohibitions apply 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)
4. Contains a Proposition 105 clause. (Sec. 4)
5. Makes technical changes. (Sec. 1)
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9. SB 1105
10. Initials AG/BG Page 0 House Engrossed
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