R9-17-304. Applying for a Dispensary Registration Certificate2017-02-04T07:33:00+00:00

A. An individual shall not be an applicant, principal officer, or board member on:

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

2. More than five dispensary registration certificate applications for locations in different CHAAs.

B. If the Department determines that an individual is an applicant, principal officer, or board member on more than one dispensary registration certificate application for a CHAA or 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 Chapter 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 An application fee submitted with a dispensary registration certificate application in subsection (B) that is withdrawn is not refunded.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 entity shall submit to the Department the following:

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

a. The legal name of the dispensary;

b. The physical address of the proposed dispensary;

c. The following information for the entity applying:

i. Name,

ii. Type of business organization,

iii. Mailing address,

iv. Telephone number, and

v. E-mail address;

d. The name of the individual designated to submit dispensary agent registry identification card applications on behalf of the dispensary;

e. The name and license number of the dispensary’s medical director;

f. 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. Whether the entity agrees to allow the Department to submit supplemental requests for information;

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

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

k. The signatures of the principal officers of the dispensary according to R9-17-301(A) and the date the principal officers signed;

2. If the entity applying is one of the business organizations in R9-17-301(A)(2) through (7), a copy of the business organization’s articles of incorporation, articles of organization, or partnership or joint venture documents that include:

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 board member:

a. An attestation signed and dated by the principal officer or board member that the principal officer or board member has not been convicted of an excluded felony offense as defined in A.R.S. § 36-2801;

b. An attestation signed and dated by the principal officer or board member that the principal officer or board member is an Arizona resident and has been an Arizona resident for at least three consecutive years immediately preceding the date the dispensary submitted the dispensary certificate application;

c. For the Department’s criminal records check authorized in A.R.S. § 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)(e)(i) were submitted to the Department as part of an application for a designated caregiver or a dispensary 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; and

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

a. Inventory control,

b. Qualifying patient recordkeeping,

c. Security, and

d. Patient education and support;

5. As required in A.R.S. § 36-2804(B)(1)(d), a sworn statement signed and dated by the individual or individuals in R9-17-301(A) certifying that the dispensary is in compliance with any local zoning restrictions;

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

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

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

7. Documentation of:

a. Ownership of the physical address of the proposed dispensary, or

b. Permission from the owner of the physical address of the proposed dispensary for the entity applying for a dispensary registration certificate to operate a dispensary at the physical address;

8.  The dispensary’s by-laws including:

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

b. Whether the 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 dispensary operates on a not-for-profit basis; and

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

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

a. A description of and total dollar amount of expenditures already incurred to establish the dispensary or to secure a dispensary registration certificate by the individual or business organization applying for the dispensary registration certificate,

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

c. Projected expenditures expected before the dispensary is operational,

d. Projected expenditures after the dispensary is operational, and

e. Projected revenue; and

10. 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.

Effective December 5, 2012. This was the regulation as of March 19, 2016. Check the Rules on the Arizona Department of Health Services web site to see if this rule has been changed.

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