Today, January 31, 2011, Arizona Department of Health Services posted its second draft of its proposed Arizona medical marijuana rules.  Check back.  I will review the second draft of the rule as soon as possible and put up a new article.  Here are my first impressions of changes made to the first draft of the rules:

  • New:  “CHAA” means a Community Health Analysis Area, a geographic area based on population, established by the Department for use by public health programs.
  • New:  The walls of the cultivation site must prevent anybody from seeing the plants from outside the walls of the facility.
  • New:  There is a two stage process.  Stage 1:  Dispensary applies for and received a dispensary registration certificate.  Stage 2:  apply for a approval to operate a dispensary.  A dispensary that has a DRC may apply for a   The Department shall accept dispensary registration certificate applications for 30 calendar days beginning May 1, 2011.
  • Change:  The two year residency requirement went from two years to three years.
  • Change:  A business plan demonstrating the on-going viability of the dispensary as on a non-profit organization not-for-profit basis.  Very interesting!
  • ChangeThe dispensary is not required to grow any of its marijuana.
  • Change:  Medical directors can serve an unlimited number of dispensaries rather than just three.
  • Change: Eliminated the requirement for dispensary agents with respect to surety bonds and failure to file a tax return.
  • New:  Revoke a dispensary registration certificate if it operates before obtaining approval to operate a dispensary from the Department.

DHS asks the public to submit comments to the proposed rules.

Related story “CHAA on This!”