36-2804. Registration and certification of nonprofit medical marijuana dispensaries
(Caution: 1998 Prop. 105 applies)
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 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 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.
Notes of Decisions
Saguaro Healing LLC v. State of Arizona, 470 P.3d 636 (Ariz. 2020).
· cites it 37× “¶3 Each year, ADHS must review existing dispensary certificates to determine if it may issue additional certificates under § 36-2804. See Ariz. Admin. Code R9-17-303.”
JH2K I LLC v. Ariz. Dep't of Health Servs., 438 P.3d 676 (Ariz. Ct. App. 2019).
· cites it 14× “JH2K argues second that even if the requirement applies, the Department arbitrarily expanded the definition of "school" and thereby erred in determining that the proper measurement method for determining the distance between a proposed dispensary location and a school is to…”
White Mountain Health Ctr., Inc. v. Maricopa Cnty., 386 P.3d 416 (Ariz. Ct. App. 2016).
· cites it 8× “” AR.S. § 36-2804; A.A.C. R9-17-304. The application must include, among other things, “a sworn statement certifying” that the MMD is in compliance with zoning restrictions “[i]f the city, town or county .”
Waltz Healing v. Adhs, 433 P.3d 14 (Ariz. Ct. App. 2018).
· cites it 8× “A.R.S. § 36-2804(B)(1)(d). By regulation, applicants must comply with the zoning-documentation requirement by providing the following: Documentation from the local jurisdiction where the dispensary's proposed physical address is located that: a.”
State of Arizona v. Ronald James Sisco II, 373 P.3d 549 (Ariz. 2016).
· cites it 2× “See AR.S. § 36-2804(B)(1)(b)(ii). Nothing suggests the police here had reason to believe they had detected marijuana authorized by any of these provisions.”
Green Cross Med., Inc. v. Gally, 395 P.3d 302 (Ariz. Ct. App. 2017).
· cites it 2× “See A.R.S. § 36-2804(B)(l) (2010) (providing that the department shall register a dispensary if, inter alia, the prospective dispensary shows it has a physical address for the dispensary and for cultivation of marijuana); Ariz.”
3 Sl v. State (Ariz. Ct. App. 2024).
· cites it 21× “See A.R.S. § 36-2804. ¶54 Applying its regulations, the Department reviews applications for DRCs.”
3 Sl v. State (Ariz. Ct. App. 2024).
· cites it 21× “See A.R.S. § 36-2804. ¶54 Applying its regulations, the Department reviews applications for DRCs.”
Holbrook Health v. State (Ariz. Ct. App. 2023).
· cites it 8× “A.R.S. § 36-2804. The AMMA restricts the number of certificates available to one for every ten qualified pharmacies in Arizona, also ensuring that each county has at least one dispensary.”
Saguaro v. State (Ariz. Ct. App. 2024).
· cites it 6× “”) sections 36-2801 to -2822, an individual or entity must apply to ADHS for a dispensary registration certificate before ADHS may approve the individual or entity to operate a dispensary.”
— Ariz. Rev. Stat. § 36-2804(A) — 3 cases
3 Sl v. State (Ariz. Ct. App. 2024).
“See A.R.S. § 36-2804. ¶54 Applying its regulations, the Department reviews applications for DRCs.”
3 Sl v. State (Ariz. Ct. App. 2024).
“See A.R.S. § 36-2804. ¶54 Applying its regulations, the Department reviews applications for DRCs.”
— Ariz. Rev. Stat. § 36-2804(B) — 4 cases
Saguaro Healing LLC v. State of Arizona, 470 P.3d 636 (Ariz. 2020).
“¶3 Each year, ADHS must review existing dispensary certificates to determine if it may issue additional certificates under § 36-2804. See Ariz. Admin. Code R9-17-303.”
3 Sl v. State (Ariz. Ct. App. 2024).
“See A.R.S. § 36-2804. ¶54 Applying its regulations, the Department reviews applications for DRCs.”
3 Sl v. State (Ariz. Ct. App. 2024).
“See A.R.S. § 36-2804. ¶54 Applying its regulations, the Department reviews applications for DRCs.”
Holbrook Health v. State (Ariz. Ct. App. 2023).
“A.R.S. § 36-2804. The AMMA restricts the number of certificates available to one for every ten qualified pharmacies in Arizona, also ensuring that each county has at least one dispensary.”
— Ariz. Rev. Stat. § 36-2804(B)(1)(b)(ii) — 7 cases
JH2K I LLC v. Ariz. Dep't of Health Servs., 438 P.3d 676 (Ariz. Ct. App. 2019).
“JH2K argues second that even if the requirement applies, the Department arbitrarily expanded the definition of "school" and thereby erred in determining that the proper measurement method for determining the distance between a proposed dispensary location and a school is to…”
State of Arizona v. Ronald James Sisco II, 373 P.3d 549 (Ariz. 2016).
“See AR.S. § 36-2804(B)(1)(b)(ii). Nothing suggests the police here had reason to believe they had detected marijuana authorized by any of these provisions.”
3 Sl v. State (Ariz. Ct. App. 2024).
“See A.R.S. § 36-2804. ¶54 Applying its regulations, the Department reviews applications for DRCs.”
3 Sl v. State (Ariz. Ct. App. 2024).
“See A.R.S. § 36-2804. ¶54 Applying its regulations, the Department reviews applications for DRCs.”
— Ariz. Rev. Stat. § 36-2804(B)(1)(d) — 5 cases
Waltz Healing v. Adhs, 433 P.3d 14 (Ariz. Ct. App. 2018).
“A.R.S. § 36-2804(B)(1)(d). By regulation, applicants must comply with the zoning-documentation requirement by providing the following: Documentation from the local jurisdiction where the dispensary's proposed physical address is located that: a.”
White Mountain Health Ctr., Inc. v. Maricopa Cnty., 386 P.3d 416 (Ariz. Ct. App. 2016).
“” AR.S. § 36-2804; A.A.C. R9-17-304. The application must include, among other things, “a sworn statement certifying” that the MMD is in compliance with zoning restrictions “[i]f the city, town or county .”
— Ariz. Rev. Stat. § 36-2804(B)(l) — 1 case
Green Cross Med., Inc. v. Gally, 395 P.3d 302 (Ariz. Ct. App. 2017).
“See A.R.S. § 36-2804(B)(l) (2010) (providing that the department shall register a dispensary if, inter alia, the prospective dispensary shows it has a physical address for the dispensary and for cultivation of marijuana); Ariz.”
— Ariz. Rev. Stat. § 36-2804(B)(l)(b)(ii) — 1 case
— Ariz. Rev. Stat. § 36-2804(C) — 9 cases
Saguaro Healing LLC v. State of Arizona, 470 P.3d 636 (Ariz. 2020).
“¶3 Each year, ADHS must review existing dispensary certificates to determine if it may issue additional certificates under § 36-2804. See Ariz. Admin. Code R9-17-303.”
White Mountain Health Ctr., Inc. v. Maricopa Cnty., 386 P.3d 416 (Ariz. Ct. App. 2016).
“” AR.S. § 36-2804; A.A.C. R9-17-304. The application must include, among other things, “a sworn statement certifying” that the MMD is in compliance with zoning restrictions “[i]f the city, town or county .”
Waltz Healing v. Adhs, 433 P.3d 14 (Ariz. Ct. App. 2018).
“A.R.S. § 36-2804(B)(1)(d). By regulation, applicants must comply with the zoning-documentation requirement by providing the following: Documentation from the local jurisdiction where the dispensary's proposed physical address is located that: a.”
Saguaro v. State (Ariz. Ct. App. 2024).
“”) sections 36-2801 to -2822, an individual or entity must apply to ADHS for a dispensary registration certificate before ADHS may approve the individual or entity to operate a dispensary.”
Holbrook Health v. State (Ariz. Ct. App. 2023).
“A.R.S. § 36-2804. The AMMA restricts the number of certificates available to one for every ten qualified pharmacies in Arizona, also ensuring that each county has at least one dispensary.”
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