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Applying for a Medical Marijuana Dispensary in Arizona

So you want to open a medical marijuana dispensary in Arizona? Well, on Dec 17th, 2010 the Arizona Department of Health Services released their Informal Draft Rules for the implementation of the Arizona Medical Marijuana Act. The final law will go into effect April 16th, 2011. Below is an excerpt from the Arizona Department of Health Services’ Informal Rules describing the items needed to apply for a Dispensary Registration Certificate.

R9-17-302. Applying for a Dispensary Registration Certificate

A.Each principal officer or board member of a dispensary is an Arizona resident and has been an Arizona resident for the two years immediately preceding the date the dispensary submits a dispensary certificate application.

B.
To register and obtain a certificate for a dispensary, a person 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 dispensary;
   c. The name of the person applying;
   d. The name of the individual designated to submit dispensary agent applications on behalf of the dispensary;
   e. The name, address, and date of birth of each:
         i. Principal officer,
         ii. Board member, and
         iii. Dispensary agent;
   f. Whether a 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 making qualifying patient recommendations;
         iii. Has not provided a surety bond or filed any tax return with a taxing agency;
         iv. Has unpaid taxes, interest, or penalties due to a governmental agency
         v. Has an unpaid judgment due to a governmental agency;
         vi. Is in default on a government-issued student loan;
         vii. Failed to pay court-ordered child support;
         viii. Is a law enforcement officer; or
         ix. Is employed by or a contractor of the Department;
   g. The name and license number of the dispensary’s medical director;
   h. If applicable, the physical address of the dispensary’s cultivation site;
   i. Whether the dispensary agrees to allow the Department to submit supplemental requests for information;
   j. Whether the dispensary and, if applicable, the dispensary’s cultivation site are ready for an inspection by the Department;
   k. If the dispensary and, if applicable, the dispensary’s cultivation site are not ready for an inspection by the Department, the date the dispensary and, if applicable, the dispensary’s cultivation site will be ready for an inspection by the Department;
   l. An attestation that the information provided to the Department to apply for a dispensary registration certificate is true and correct; and
   m. The signature of the individual or individuals in R9-17-301 and date signed;
2. If the person applying is one of the business organizations in R9-17-301(2) through (7), the following:
   a. The name of the business organization;
   b. The name and title of each principal officer and board member; and
   c. A copy of the business organization’s articles of incorporation, articles of organization, or partnership or joint venture documents, if applicable;
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 two 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 in a Department-provided format that includes the principal officer’s or board member’s name, date of birth, social security number, and fingerprints; or
         ii. If the fingerprints and information required in subsection (B)(3)(c)(i) were submitted as part of an application for a designated caregiver or a dispensary agent to the Department within the last 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
   d. A copy of one of the following containing the principal officer’s or board member’s name and current residence address:
         i. A non-expired Arizona driver’s license
         ii. A non-expired Arizona identification card;
         iii. A current lease agreement;
         iv. A mortgage statement for the most recent tax year;
         v. A tax statement issued by a governmental entity for the most recent tax year;
         vi. A utility bill dated within 60 calendar days before the date of the dispensary application;
         vii. A paycheck or statement of direct deposit issued by an employer dated within 60 calendar days before the date of the dispensary application;
         viii. Current motor vehicle, life, or health insurance policy; or
         ix. Any other document that demonstrates that the principal officer or board member is an Arizona resident;
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. A copy of the certificate of occupancy or other documentation issued by the local jurisdiction to the applicant authorizing occupancy of the building as a dispensary and, if applicable, as the dispensary’s cultivation site;
6. A sworn statement signed and dated by the individual or individuals in R9-17-301 certifying that the dispensary is in compliance with local zoning restrictions;
7. The distance to the closest public or private school from:
   a. The dispensary; and
   b. If applicable, the dispensary’s cultivation site;
8. A site plan drawn to scale of the dispensary location showing streets, property lines, buildings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water mains;
9. A floor plan drawn to scale of the building where the dispensary is located showing the:
   a. Layout and dimensions of each room,
   b. Name and function of each room,
   c. Location of each hand washing sink,
   d. Location of each toilet room,
   e. Means of egress,
   f. Location of each video camera,
   g. Location of each panic button, and
   h. Location of natural and artificial lighting sources;
10. If applicable, a site plan drawn to scale of the dispensary’s cultivation site showing streets, property lines, buildings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water mains;
11. If applicable, a floor plan drawn to scale of each building at the dispensary’s cultivation site showing the:
   a. Layout and dimensions of each room,
   b. Name and function of each room,
   c. Location of each hand washing sink,
   d. Location of each toilet room,
   e. Means of egress,
   f. Location of each video camera,
   g. Location of each panic button, and
   h. Location of natural and artificial lighting sources;
12. The dispensary’s by-laws containing provisions for the disposition of revenues and receipts;
13. A business plan demonstrating the on-going viability of the dispensary as a non-profit organization;
14. The dispensary’s hours of operation;
15. Whether:
   a. A registered pharmacist will be onsite or on-call during regular business hours;
   b. The dispensary will provide information about the importance of physical activity and nutrition onsite;
   c. Whether the dispensary has or has not incorporated; and
   d. Whether the dispensary has a surety bond and, if so, how much; and
16. The applicable fee in R9-17-102 for applying for an initial registration of a dispensary.

The application fee for applying for an inital dispensary registration is $5000,  non-refundable. For more information, you can download the Informal Draft Rules here.



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