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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SENATE BILL 1286 |
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AN ACT
Amending title 36, chapter 28.1, Arizona Revised Statutes, by adding section 36-2803.01; relating to the Arizona medical marijuana act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, title 36, chapter 28.1, Arizona Revised Statutes, is amended by adding section 36-2803.01, to read:
36-2803.01. New dispensary registration certificates; issuance; priority; requirements
A. Beginning on the effective date of this section, the department shall issue All new nonprofit medical marijuana dispensary registration certificates in the following order of priority based on the dispensary's geographic area as described in the registration certificate application:
1. The geographic area had a registered nonprofit medical marijuana dispensary move from the geographic area and the geographic area is at least twenty‑five miles from another dispensary that has been issued a dispensary registration certificate.
2. The geographic area is at least twenty‑five miles from another dispensary that has been issued a dispensary registration certificate.
3. According to rule, If there are no dispensary registration certificate applications as described in paragraph 1 or 2 of this subsection.
B. If the department receives multiple applications as described in subsection A, paragraph 1 of this section from previously approved nonprofit medical marijuana dispensary locations, the department shall approve the certificate for the application that serves the most qualifying patients within five miles of the proposed dispensary location. If the department receives multiple applications as described in subsection A, paragraph 2 of this section or if there are no applications from previously approved dispensary locations, the department may issue the registration certificate by random drawing.
C. a nonprofit medical marijuana dispensary that receives a registration certificate on or after the effective date of this section must open the dispensary at the approved location within eighteen months after the application is approved or the registration certificate becomes invalid.
D. A nonprofit medical marijuana dispensary that is issued a registration certificate pursuant to subsection A, paragraph 1 or 2 of this section may relocate only as follows:
1. If the dispensary is located within a city or town, only within that city or town.
2. if the dispensary is located within an unincorporated area, only within the county where the dispensary is located but not within twenty‑five miles from another dispensary that has been issued a dispensary registration certificate.
E. Notwithstanding any other law, if there is not an operating dispensary in a county in this state and the maximum number of licenses allowed has not been reached, the department shall accept and process any application for a dispensary in that county on receipt.
Sec. 2. Intent
The legislature intends to prospectively establish prioritization for the nonprofit medical marijuana dispensary registration certificates that may be allocated to applicants and locations. It is not the legislature's intent to exceed the limit on the number of registration certificates that may be issued as specified in section 36‑2804, Arizona Revised Statutes.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2803.01, Arizona Revised Statutes, as added by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.