R9-17-101. Definitions

R9-17-101. Definitions2017-02-12T07:07:33+00:00

In addition to the definitions in A.R.S. § 36-2801, the following definitions apply in this Chapter unless otherwise stated:

1. “Acquire” means to obtain through any type of transaction and from any source.

2. “Activities of daily living” means ambulating, bathing, dressing, grooming, eating, toileting, and getting in and out of bed.

3. “Amend” means adding or deleting information on an individual’s registry identification card that affects the individual’s ability to perform or delegate a specific act or function.

4. “Batch” means a specific lot of medical marijuana grown from one or more seeds or cuttings that are planted and harvested at the same time.

5. “Batch number” means a unique numeric or alphanumeric identifier assigned to a batch by a dispensary when the batch is planted.

6. “Calendar day” means each day, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, statewide furlough day, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, statewide furlough day, or legal holiday.

7. “CHAA” means a Community Health Analysis Area, a geographic area based on population, established by the Department for use by public health programs.

8. “Change” means adding or deleting information on an individual’s registry identification card that does not substantively affect the individual’s ability to perform or delegate a specific act or function.

9. “Commercial device” means the same as in A.R.S. § 41-2051.

10. “Cultivation site” means the one additional location where marijuana may be cultivated, infused, or prepared for sale by and for a dispensary.

11. “Current photograph” means an image of an individual, taken no more than 60 calendar days before the submission of the individual’s application, in a Department-approved electronic format capable of producing an image that:

a. Has a resolution of at least 600 x 600 pixels but not more than 1200 x 1200 pixels;

b. Is two inches by two inches in size;

c. Is in natural color;

d. Is a front view of the individual’s full face, without a hat or headgear that obscures the hair or hairline;

e. Has a plain white or off-white background; and

f. Has between 1 and 1 3/8 inches from the bottom of the chin to the top of the head.

12. “Denial” means the Department’s final decision not to issue a registry identification card, a dispensary registration certificate, an approval to operate a dispensary, or an approval of a change of dispensary or a dispensary’s cultivation site location, to an applicant because the applicant or the application does not comply with the applicable requirements in A.R.S. Title 36, Chapter 28.1 or this Chapter.

13. “Dispensary” means the same as “nonprofit medical marijuana dispensary” as defined in A.R.S. § 36-2801.

14. “Dispensary agent” means the same as “nonprofit medical marijuana dispensary agent” as defined in A.R.S. § 36-2801.

15. “Edible food product” means a substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

16. “Enclosed area” when used in conjunction with “enclosed, locked facility” means outdoor space surrounded by solid, 10-foot walls, constructed of metal, concrete, or stone, that prevent any viewing of the marijuana plants, with a one-inch thick metal gate.

17. “Entity” means a “person” as defined in A.R.S. § 1-215.

18. “Generally accepted accounting principles” means the set of financial reporting standards established by the Financial Accounting Standards Board, the Governmental Accounting Standards Board, or another specialized body dealing with accounting and auditing matters.

19. “In-state financial institution” means the same as in A.R.S. § 6-101.

20. “Legal guardian” means an adult who is responsible for a minor:

a. Through acceptance of guardianship of the minor through a testamentary appointment or an appointment by a court pursuant to A.R.S. Title 14, Chapter 5, Article 2; or

b. As a “custodian” as defined in A.R.S. § 8-201.

21. “Medical record” means the same as:

a. “Adequate records” as defined in A.R.S. § 32-1401,

b. “Adequate medical records” as defined in A.R.S. § 32-1501,

c. “Adequate records” as defined in A.R.S. § 32-1800, or

d. “Adequate records” as defined in A.R.S. § 32-2901.

22. “Out-of-state financial institution” means the same as in A.R.S. § 6-101.

23. “Private school” means the same as in A.R.S. § 15-101.

24. “Public place“:

a. Means any location, facility, or venue that is not intended for the regular exclusive use of an individual or a specific group of individuals;

b. Includes, but not limited to, airports; banks; bars; child care facilities; child care group homes during hours of operation; common areas of apartment buildings, condominiums, or other multifamily housing facilities; educational facilities; entertainment facilities or venues; health care institutions, except as provided in subsection (24)(c); hotel and motel common areas; laundromats; libraries; office buildings; parking lots, parks; public transportation facilities; reception areas; restaurants; retail food production or marketing establishments; retail service establishments; retail stores; shopping malls; sidewalks; sports facilities; theaters; waiting rooms; and and

c. Does not include:

i. Nursing care institutions, as defined in A.R.S. § 36-401;

ii. Hospices, as defined in A.R.S. § 36-401;

iii. Assisted living centers, as defined in A.R.S. § 36-401;

iv. Assisted living homes, as defined in A.R.S. § 36-401;

v. Adult day health care facilities, as defined in A.R.S. § 36-401;

vi. Adult foster care homes, as defined in A.R.S. § 36-401; or

vii. Private residences.

25. “Public school” means the same as “school” as defined in A.R.S. § 15-101.

26. “Registry identification number” means the random 20-digit alphanumeric identifier generated by the Department, containing at least four numbers and four letters, issued by the Department to a qualifying patient, designated caregiver, dispensary, or dispensary agent.

27. “Revocation” means the Department’s final decision that an individual’s registry identification card or a dispensary registration certificate is rescinded because the individual or the dispensary does not comply with the applicable requirements in A.R.S. Title 36, Chapter 28.1 or this Chapter.

28. “Working day” means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a state holiday or a statewide furlough day.

This is an unofficial version of the Medical Marijuana Program rules. At this time, ADHS does not anticipate making substantive changes to these rules before they are filed with the Office of the Secretary of State. However, technical, organizational, and grammatical changes may be made. The official copy will be posted on www.azsos.gov when filed.

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