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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
medical marijuana dispensaries; inspections
Purpose
An emergency measure that authorizes the Department of Health Services (DHS) to inspect a nonprofit medical marijuana dispensary (dispensary) during normal business hours. Contains requirements for enactment for initiatives and referendums (Proposition 105).
Background
In 2010, Arizona voters approved the Arizona Medical Marijuana Act to establish a regulatory system, overseen by the Department of Health Services (DHS), that allows a dispensary to dispense a permissible amount of medical marijuana to a qualifying patient or the qualifying patient's designated caregiver.
Dispensaries must register with DHS and obtain a dispensary registration certificate by submitting to DHS: 1) an application that includes the dispensary's physical address, including the physical address of any additional cultivation sites and the name, address and birthdate of each dispensary principal officer, board member and agent; 2) application fees; 3) the dispensary's operating procedures, including procedures to ensure accurate recordkeeping and adequate security measures; and 4) a sworn statement certifying that the dispensary is in compliance with zoning restrictions, if applicable (A.R.S. § 36-2804 and A.A.C. R9-17-304).
All cultivation of marijuana must take place in an enclosed, locked facility at a dispensary's physical address that can be accessed only by dispensary agents associated with the dispensary. Dispensaries are subject to DHS inspection upon reasonable notice (A.R.S. § 36-2806).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Eliminates the requirement that DHS provide reasonable notice of inspection to a dispensary and allows DHS to inspect a dispensary during normal business hours to determine compliance with the Arizona Medical Marijuana Act and DHS Rules.
2. Makes a technical change.
3. Requires for enactment the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105).
4. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Prepared by Senate Research
February 18, 2020
CRS/AB/kja