Ariz. Admin. Code § 9-17-323

Current through Register Vol. 30, No. 43, October 25, 2024

Section R9-17-323 - Denial or Revocation of a Dispensary Agent's Registry Identification Card

A. The Department shall deny a dispensary agent's application for or renewal of the dispensary agent's registry identification card if the dispensary agent

does not meet the definition "nonprofit medical marijuana dispensary agent" in A.R.S. § 36-2801.

B. The Department may deny a dispensary agent's application for or renewal of the dispensary agent's registry identification card if the dispensary agent:

1. Previously had a registry identification card revoked for not complying with A.R.S. Title 36, Chapter 28.1 or this Chapter;

2. Previously had a marijuana facility agent license revoked for not complying with A.R.S. Title 36, Chapter 28.2 or 9 A.A.C. 18; or

3. Provides false or misleading information to the Department.

C. The Department shall revoke a dispensary agent's registry identification card if the dispensary agent:

1. Diverts medical marijuana to a person other than:

a. Another dispensary with a valid dispensary registration certificate issued by the Department,

b. A marijuana establishment with a valid marijuana establishment license issued under 9 A.A.C. 18;

c. A laboratory with a valid laboratory registration certificate issued by the Department,

d. A qualifying patient with a valid registry identification card issued by the Department,

e. A designated caregiver with a valid registry identification card issued by the Department,

f. A dispensary agent with a valid registry identification card or marijuana facility agent with a valid marijuana facility agent license issued by the Department accepting the marijuana on behalf of a dispensary or marijuana establishment, or

g. A laboratory agent with a valid registry identification card issued by the Department accepting the marijuana on behalf of a laboratory; or

2. Except as provided in A.R.S. § 36-2804.01(D), has been convicted of an excluded felony offense.

D. The Department may revoke a dispensary agent's registry identification card if the dispensary agent knowingly violates A.R.S. Title 36, Chapter 28.1 or this Chapter.

E. If the Department denies or revokes a dispensary agent's registry identification card, the Department shall provide notice to the dispensary agent and the dispensary agent's dispensary that includes:

1. The specific reason or reasons for the denial or revocation; and

2. The process for requesting a judicial review of the Department's decision pursuant to A.R.S. Title 12, Chapter 7, Article 6.

Ariz. Admin. Code § R9-17-323

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 25 A.A.R. 2421, effective 8/27/2019. 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.