Ariz. Admin. Code § 9-17-305

Current through Register Vol. 30, No. 17, April 26, 2024

Section R9-17-305 - Applying for Approval to Operate a Dispensary

A. To apply for approval to operate a dispensary, a person holding a dispensary registration certificate shall submit to the Department, and, if the dispensary registration certificate was issued on or after April 1, 2020, within 18 months after the dispensary registration certificate was issued, the following:

1. The following information in a Department-provided format:

a. The name and registry identification number of the dispensary;

b. The physical address of the dispensary;

c. The name, address, and date of birth of each dispensary agent;

d. Except as provided in R9-17-324, the name and professional license number of the dispensary's medical director;

e. If applicable, the physical address of the dispensary's cultivation site;

f. The dispensary's Transaction Privilege Tax Number issued by the Arizona Department of Revenue;

g. The dispensary's proposed hours of operation during which the dispensary plans to be available to dispense medical marijuana to qualifying patients and designated caregivers;

h. Whether the dispensary plans to:

i. Cultivate marijuana;

ii. Manufacture marijuana products;

iii. Prepare marijuana-infused edible food products; or

iv. Sell or dispense marijuana-infused edible food products that are either:

(1) A time/temperature control for safety food, or

(2) Not prepared in individually packaged containers;

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 approval to operate a dispensary is true and correct; and

m. The signatures of each principal officer and each board member of the dispensary according to R9-17-301 and the date signed;

2. A copy of the dispensary's license or permit of the location as a food establishment, issued under 9 A.A.C. 8, Article 1, if the dispensary plans to:

a. Prepare marijuana-infused edible food products, as specified in subsection (A)(1)(h)(iii); or

b. Sell or dispense marijuana-infused edible food products, as specified in subsection (A)(1)(h)(iv);

3. A copy of documentation issued by the local jurisdiction to the dispensary authorizing occupancy of the building as a dispensary and, if applicable, as the dispensary's cultivation site, such as a certificate of occupancy, a special use permit, or a conditional use permit;

4. The distance to the closest private school or public school from:

a. The dispensary; and

b. If applicable, the dispensary's cultivation site;

5. A site plan drawn to scale of the dispensary location showing streets, property lines of the contiguous premises, buildings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water mains;

6. 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;

7. If applicable, a site plan drawn to scale of the dispensary's cultivation site showing streets, property lines of the contiguous premises, buildings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water mains; and

8. 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.

B. A dispensary's cultivation site may be located anywhere in the state where a cultivation site is allowed by the local jurisdiction.

Ariz. Admin. Code § R9-17-305

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Amended by exempt rulemaking at 27 A.A.R. 747, effective 5/3/2021. Amended by final expedited rulemaking at 28 A.A.R. 2562, effective 9/8/2022. Amended by final rulemaking at 29 A.A.R. 2396, effective 10/1/2023.