Ariz. Admin. Code § R9-17-304 - Applying for a Dispensary Registration Certificate

A. An individual shall not be a principal officer or board member on

1. More than one dispensary registration certificate application for a location in a single geographic area, or

2. more than five dispensary registration certificate applications.

B. If the Department determines that an individual is a principal officer or board member on more than five dispensary registration certificate applications, the Department shall review the applications and provide the applicant on each of the dispensary registration certificate applications with a written comprehensive request for more information that includes the specific requirements in A.R.S. Title 36, Chapter 28.1 and this Chapter that the dispensary registration certificate application does not comply with.

1. If an applicant withdraws an application to comply with this Chapter and submits information demonstrating compliance with A.R.S. Title 36, Chapter 28.1 and this Chapter, the Department shall process the applicant's remaining dispensary registration certificate applications according to this Chapter.

2. If an applicant does not withdraw an application or submit information demonstrating compliance with A.R.S. Title 36, Chapter 28.1 and this Chapter, the Department shall issue a denial to the applicant according to R9-17-322.

3. An application fee submitted with a dispensary registration certificate application in subsection (B) that is withdrawn is not refunded.

C. To apply for a dispensary registration certificate, an applicant shall submit to the Department the following:

1. An application in a Department-provided format that includes:

a. The legal name of the proposed dispensary;

b. The physical address of the proposed dispensary;

c. The name of the geographic area;

d. The county in which the geographic area in subsection (C)(1)(c) is located;

e. If applicable, the name of the dispensary that previously held a dispensary registration certificate at the physical address of the proposed dispensary and the approximate date the dispensary left the location;

c. f. The following information for the applicant:

i. Name of the entity applying,

ii. Type of business organization,

iii. Arizona mailing address,

iv. Telephone number, and

v. E-mail address;

d. g. The name of the principal officer or board member designated to submit dispensary agent registry identification card applications on behalf of the proposed dispensary;

e. h. The name and professional license number of the proposed dispensary's medical director;

f. i. The name, residence address, and date of birth of each:

i. Principal officer, and

ii. Board member;

g. For each principal officer or board member, whether the principal officer or board member:

i. Has served as a principal officer or board member for a dispensary that had the dispensary registration certificate revoked;

ii. Is a physician currently providing written certifications for qualifying patients;

iii. Is a law enforcement officer; or

iv. Is employed by or a contractor of the Department;

h. j. Whether the applicant agrees to allow the Department to submit supplemental requests for information;

i. k. A statement that, if the applicant is issued a dispensary registration certificate, the proposed dispensary will not operate until the proposed dispensary is inspected and obtains an approval to operate from the Department;

l. A statement that the applicant understands that, if the applicant is issued a dispensary registration certificate, the dispensary may relocate only as specified in A.R.S. § 36-2803.01(D);

j. m. An attestation that the information provided to the Department to apply for a dispensary registration certificate is true and correct; and

k. n. The signatures of each principal officer and each board member of the proposed dispensary according to R9-17-301 and the date signed;

2. If the applicant is one of the business organizations in R9-17-301(A)(2) through (5), a copy of documentation that the applicant is in good standing with the Arizona Corporation Commission;

a. The name of the business organization,

b. The type of business organization, and

c. The names and titles of the individuals in R9-17-301(A) and (B) ;

3. For each principal officer and each board member:

a. An attestation signed and dated by the principal officer or board member that the principal officer or board member:

i. Has not been convicted of an excluded felony offense as defined in A.R.S. § 36-2801, or

ii. Is deemed to not have been convicted of an excluded felony offence through holding a valid level I fingerprint clearance card issued according to A.R.S. § 41-1758.07; and

b. For the Department's criminal records check authorized in A.R.S. §§ 36-2804 and 36-2804.05 :

i. The principal officer's or board member's fingerprints on a fingerprint card that includes:

(1) The principal officer's or board member's first name; middle initial, if applicable; and last name;

(2) The principal officer's or board member's signature;

(3) If different from the principal officer or board member, the signature of the individual physically rolling the principal officer's or board member's fingerprints;

(4) The principal officer's or board member's residence address;

(5) If applicable, the principal officer's or board member's surname before marriage and any names previously used by the principal officer or board member;

(6) The principal officer's or board member's date of birth;

(7) The principal officer's or board member's Social Security number;

(8) The principal officer's or board member's citizenship status;

(9) The principal officer's or board member's gender;

(10) The principal officer's or board member's race;

(11) The principal officer's or board member's height;

(12) The principal officer's or board member's weight;

(13) The principal officer's or board member's hair color;

(14) The principal officer's or board member's eye color; and

(15) The principal officer's or board member's place of birth; or

ii. If the fingerprints and information required in subsection (C)(3)(b)(i) were submitted to the Department as part of an application for a designated caregiver registry identification card, dispensary agent registry identification card, or laboratory agent registry identification card within the previous six months, the registry identification number on the registry identification card issued to the principal officer or board member as a result of the application;

b. Documentation that the principal officer or board member has a valid marijuana facility agent license;

4. Policies and procedures that comply with the requirements in this Chapter for:

a. Inventory control,

b. Laboratory testing of medical marijuana and medical marijuana products,

b. Qualifying patient recordkeeping, and

c. Security;

e. Patient education and support;

5. As required in A.R.S. § 36-2804(B)(1)(d), a sworn statement, signed and dated by each principal officer and each board member of the proposed dispensary according to R9-17-301, certifying that the proposed dispensary is in compliance with any local zoning restrictions;

6. Documentation from the local jurisdiction where the proposed dispensary's physical address is located that:

a. There are no local zoning restrictions for the proposed dispensary's location, or

b. The proposed dispensary's location is in compliance with any local zoning restrictions;

6. A statement, in a Department-provided format, signed and dated within 60 calendar days before the date of the application by a representative of the local jurisdiction:

a. Certifying that the proposed dispensary is in compliance with any local zoning restrictions; and

b. Including:

i. Information identifying the local jurisdiction and the local jurisdiction's representative,

ii. The legal name of the proposed dispensary, and

iii. The physical address of the proposed dispensary as specified according to subsection (C)(1)(b);

7. Documentation, in a Department-provided format, of:

a. Ownership by the applicant of the physical address of the proposed dispensary, signed and dated within 60 calendar days before the date of the application; or

b. Permission from the owner of the physical address of the proposed dispensary for the applicant for a dispensary registration certificate to operate a dispensary at the physical address, signed, notarized, and dated within 60 calendar days before the date of the application;

8. The proposed dispensary's by-laws including:

a. The names and titles of individuals designated as principal officers and board members of the proposed dispensary;

b. Whether the proposed dispensary plans to:

i. Cultivate marijuana;

ii. Acquire marijuana from qualifying patients, designated caregivers, or other dispensaries;

iii. Sell or provide marijuana to other dispensaries;

iv. Transport marijuana;

v. Prepare, sell, or dispense marijuana-infused edible food products;

vi. Prepare, sell, or dispense marijuana-infused non-edible products;

vii. Sell or provide marijuana paraphernalia or other supplies related to the administration of marijuana to qualifying patients and designated caregivers;

viii. Deliver medical marijuana to qualifying patients; or

ix. Provide patient support and related services to qualifying patients;

c. Provisions for the disposition of revenues and receipts to ensure that the proposed dispensary operates on a not-for-profit basis; and

d. Provisions for amending the proposed dispensary's by-laws;

9. A business plan demonstrating the on-going viability of the proposed dispensary on a not-for-profit basis that includes:

a. A description and total dollar amount of expenditures already incurred to establish the proposed dispensary or to secure a dispensary registration certificate by the applicant for the dispensary registration certificate;

b. A description and total dollar amount of monies or tangible assets received for operating the proposed dispensary from entities other than the applicant for the dispensary registration certificate or a principal officer or board member associated with the applicant, including the entity's name and the interest in the dispensary or the benefit the entity obtained;

c. Projected expenditures expected before the proposed dispensary is operational;

d. Projected expenditures after the dispensary is operational; and

e. Projected revenue; and

10. 8. The applicable fee in R9-17-102 for applying for a dispensary registration certificate.

D. Before an entity with a dispensary registration certificate begins operating a dispensary, the entity shall apply for and obtain an approval to operate a dispensary from the Department.

Notes

Ariz. Admin. Code § R9-17-304

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by emergency rulemaking at 18 A.A.R. 1010, effective April 11, 2012 for 180 days (Supp. 12-2). Emergency expired (Supp. 12-4). Amended by final rulemaking at 18 A.A.R. 3354, with an immediate effective date of December 5, 2012 (Supp. 12-4). Amended by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Amended by final expedited rulemaking at 28 A.A.R. 2562, effective 9/8/2022.