R9-17-302. Evaluation of Dispensary Registration Certificate Applications 2017-02-11T17:21:22+00:00

This regulation was repealed on December 12, 2012.

A. If more than one dispensary registration certificate application, that is complete and in compliance with A.R.S. Title 36, Chapter 28.1 and this Chapter, is received for a single CHAA, the Department shall review the dispensary registration certificate applications for the CHAA to determine if:

1. Each applicant, principal officer, or board member associated with a dispensary registration certificate application has submitted Arizona state income tax returns for the previous three years with the dispensary registration certificate application;

2. Each applicant, principal officer, or board member associated with a dispensary registration certificate application:

a. Is current on paying court-ordered child support;

b. Is not delinquent paying taxes, interest, or penalties due to a governmental agency;

c. Does not have an unpaid judgment due to a governmental agency; and

d. Is not in default on a government-issued student loan;

3. Each individual who has 20% or more interest in the dispensary is the applicant or a principal officer or board member of the dispensary;

4. Each applicant, principal officer, or board member has never filed for personal or corporate bankruptcy; and

5.  Documentation was submitted with the dispensary registration certificate application that:

a. Is from an in-state financial institution

[as defined in A.R.S. § 6-101] or an out-of-state financial institution [as defined in A.R.S. § 6-101];

b. Is dated within 30 days before the date the dispensary registration certificate application was submitted; and

c. Demonstrates that the entity applying for the dispensary registration certificate or a principal officer of the entity:

i. Has at least $150,000 under the control of the entity or principal officer to begin operating the dispensary, and

ii. Has had control of the $150,000 in subsection (A)(5)(c)(i) for at least 30 days before the date the dispensary registration certificate application was submitted.

B. The Department shall process the dispensary registration certificate applications for dispensary registration certificate allocated in a CHAA for each dispensary registration certificate assigned to the CHAA as follows:

1. The Department shall review all dispensary registration certificate applications received for the CHAA to determine if each application meets the criteria in subsection (A)(1);

2. If the Department determines that only one of the reviewed dispensary registration certificate applications meets the criteria in subsection (A)(1), the Department shall allocate a dispensary registration certificate to that applicant;

3. If the Department determines that none of the reviewed dispensary registration certificate applications meets the criteria in subsection (A)(1), the Department shall randomly select one dispensary certificate registration application and allocate a dispensary registration certificate to that applicant;

4. If the Department determines that more than one or all of the reviewed dispensary registration certificate applications meet the criteria in subsection (A)(1), the Department shall review those applications that meet the criteria in subsection (A)(1) for the criteria in subsection (A)(2);

5. If the Department determines that only one of the reviewed dispensary registration certificate applications meets the criteria in subsection (A)(2), the Department shall allocate a dispensary registration certificate to that applicant;

6. If the Department determines that none of the reviewed dispensary registration certificate applications meets the criteria in subsection (A)(2), the Department shall randomly select one dispensary registration application that meets the criteria in subsection (A)(1) and allocate a dispensary registration certificate to that applicant;

7. If the Department determines that more than one or all of the reviewed dispensary registration certificate applications meet the criteria in subsection (A)(2), the Department shall review those applications that meet the criteria in subsection (A)(2) for the criteria in subsection (A)(3);

8. If the Department determines that only one of the reviewed dispensary registration certificate applications meets the criteria in subsection (A)(3), the Department shall allocate a dispensary registration certificate to that applicant;

9. If the Department determines that none of the reviewed dispensary registration certificate applications meets the criteria in subsection (A)(3), the Department shall randomly select one dispensary registration application that meets the criteria in subsection (A)(2) and allocate a dispensary registration certificate to that applicant;

10. If the Department determines that more than one or all of the reviewed dispensary registration certificate applications meet the criteria in subsection (A)(3), the Department shall review those applications that meet the criteria in subsection (A)(3) for the criteria in subsection (A)(4);

11. If the Department determines that only one of the reviewed dispensary registration certificate applications meets the criteria in subsection (A)(4), the Department shall allocate a dispensary registration certificate to that applicant;

12. If the Department determines that none of the reviewed dispensary registration certificate applications meets the criteria in subsection (A)(4), the Department shall randomly select one dispensary registration application that meets the criteria in subsection (A)(3) and allocate a dispensary registration certificate to that applicant;

13. If the Department determines that more than one or all of the reviewed dispensary registration certificate applications meet the criteria in subsection (A)(4), the Department shall review those applications that meet the criteria in subsection (A)(4) for the criteria in subsection (A)(5);

14. If the Department determines that only one of the reviewed dispensary registration certificate applications meets the criteria in subsection (A)(5), the Department shall allocate a dispensary registration certificate to that applicant;

15. If the Department determines that more than one of the reviewed dispensary registration certificate applications meet the criteria in subsection (A)(5), the Department shall randomly select one of the dispensary registration applications that meet the criteria in subsection (A)(5) and allocate a dispensary registration certificate to that applicant; and

16. If the Department determines that none of the reviewed dispensary registration certificate applications or all of the dispensary registration certificate applications meets the criteria in subsection (A)(5), the Department shall randomly select one dispensary registration application that meets the criteria in subsection (A)(4) and allocate a dispensary registration certificate to that applicant.

C. If an applicant submits more than one dispensary registration certificate application, the documentation in subsection (A)(5) needs to demonstrate there is at least $150,000 available for each dispensary registration certificate application submitted.

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.