Title 36 — Public Health and Safety

(Caution: 1998 Prop. 105 applies) In this chapter, unless the context otherwise requires: 1. "Allowable amount of marijuana": (a) With respect to a qualifying patient, means: (i) Two and one-half ounces of usable marijuana. (ii) If the qualifying patient's registry identification…

(Caution: 1998 Prop. 105 applies) The public may petition the department to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in section 36-2801, paragraph 3. The department shall consider petitions in the manner required b…

(Caution: 1998 Prop. 105 applies) This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal or other penalties for engaging in, the following conduct: A. Undertaking any task under the influence of marijuana that would con…

(Caution: 1998 Prop. 105 applies) A. The department shall adopt rules: 1. Governing the manner in which the department considers petitions from the public to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in section 36-2…

(Added with a 1998 Prop. 105 clause pursuant to L19, Ch. 318) A. Beginning on April 1, 2020, 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 describ…

(Added with a 1998 Prop. 105 clause pursuant to L21, Ch. 398) A. The department shall develop a warning label that includes a statement that marijuana use may affect the health of a pregnant woman and the unborn child. The department shall require the label to be affixed to the p…

(Caution: 1998 Prop. 105 applies) A. Nonprofit medical marijuana dispensaries shall register with the department. B. Not later than ninety days after receiving an application for a nonprofit medical marijuana dispensary, the department shall register the nonprofit medical marijua…

(Caution: 1998 Prop. 105 applies) A. A nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent shall be registered with the department before volunteering or working at a nonprofit medical marijuana dispensary or a certified independent third-p…

(Caution: 1998 Prop. 105 applies) A. A qualifying patient may apply to the department for a registry identification card by submitting: 1. Written certification issued by a physician within the ninety days immediately preceding the date of application. 2. The application fee. 3. …

(Caution: 1998 Prop. 105 applies) A. Except as provided in subsection B and in section 36-2804.05, the department shall: 1. Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within ten da…

(Caution: 1998 Prop. 105 applies) A. Registry identification cards for qualifying patients and designated caregivers shall contain all of the following: 1. The name, address and date of birth of the cardholder. 2. A statement of whether the cardholder is a qualifying patient or a…

(Caution: 1998 Prop. 105 applies) A. The department may deny an application or renewal of a qualifying patient's registry identification card only if the applicant: 1. Does not meet the requirements of section 36-2801, paragraph 15. 2. Does not provide the information required. 3…

(Caution: 1998 Prop. 105 applies) A. All registry identification cards and registration certificates expire two years after their date of issue. B. A registry identification card of a nonprofit medical marijuana dispensary agent shall be canceled and the agent's access to the ver…

(Added with a 1998 Prop. 105 clause pursuant to L19, Ch. 318) A. Independent third-party laboratories shall be certified by the department. B. After receiving an application for an independent third-party laboratory, the department shall certify the independent third-party labora…

(Caution: 1998 Prop. 105 applies) A. Any nursing care institution, hospice, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home licensed under title 36, chapter 4, may adopt…

(Caution: 1998 Prop. 105 applies) A. A registered nonprofit medical marijuana dispensary shall be operated on a not-for-profit basis. The bylaws of a registered nonprofit medical marijuana dispensary shall contain such provisions relative to the disposition of revenues and receip…

(Caution: 1998 Prop. 105 applies) Cities, towns and counties may enact reasonable zoning regulations that limit the use of land for registered nonprofit medical marijuana dispensaries to specified areas in the manner provided in title 9, chapter 4, article 6.1, and title 11, chap…

(Caution: 1998 Prop. 105 applies) A. Before marijuana may be dispensed to a registered designated caregiver or a registered qualifying patient, a nonprofit medical marijuana dispensary agent must access the verification system and determine for the registered qualifying patient f…

(Caution: 1998 Prop. 105 applies) A. Within one hundred twenty days of the effective date of this chapter, the department shall establish a secure, password-protected, web-based verification system for use on a twenty-four hour basis by law enforcement personnel, nonprofit medica…

(Caution: 1998 Prop. 105 applies) A. A registered qualifying patient shall notify the department within ten days of any change in the registered qualifying patient's name, address, designated caregiver or preference regarding who may cultivate marijuana for the registered qualify…

(Caution: 1998 Prop. 105 applies) The department shall submit to the legislature an annual report that does not disclose any identifying information about cardholders, nonprofit medical marijuana dispensaries or physicians but contains at least all of the following information: 1…

(Caution: 1998 Prop. 105 applies) A. The following information received and records kept by the department for purposes of administering this chapter are confidential, exempt from title 39, chapter 1, article 2, exempt from section 36-105 and not subject to disclosure to any indi…

(Caution: 1998 Prop. 105 applies) A. There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of marijuana pursuant to this chapter. 1. The presumption exists if the qualifying patient or designated caregiver: (a) Is in possession of …

(Added with a 1998 Prop. 105 clause pursuant to L21, Ch. 398) A. The department shall provide grants from monies in the medical marijuana fund established by section 36-2817 for research on the correlation between marijuana use and mental illness, including psychosis, and violent…

(Caution: 1998 Prop. 105 applies) A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a cardholder, unless failing to do so would cause the school or landlord to lose a monetary or licensing related benefit un…

(Caution: 1998 Prop. 105 applies) A. Nothing in this chapter requires: 1. A government medical assistance program, a private health insurer or a workers' compensation carrier or self-insured employer providing workers' compensation benefits to reimburse a person for costs associa…

(Caution: 1998 Prop. 105 applies) A. The department shall immediately revoke the registry identification card of a nonprofit medical marijuana dispensary agent who violates section 36-2804.01, subsection D, or section 36-2816, subsection B. The department shall suspend or revoke …

(Caution: 1998 Prop. 105 applies) A. A registered qualifying patient may not directly, or through the patient's designated caregiver, obtain more than two and one-half ounces of marijuana from registered nonprofit medical marijuana dispensaries in any fourteen-day period. B. A re…

(Caution: 1998 Prop. 105 applies) A. The medical marijuana fund is established consisting of fees collected, civil penalties imposed and private donations received under this chapter. The department shall administer the fund. Monies in the fund are continuously appropriated. B. T…

(Caution: 1998 Prop. 105 applies) A. If the department fails to adopt regulations to implement this chapter within one hundred twenty days of the effective date of this chapter, any citizen may commence a mandamus action in superior court to compel the department to perform the a…

(Caution: 1998 Prop. 105 applies) Each person applying as a designated caregiver, a principal officer, agent or employee of a nonprofit medical marijuana dispensary, a nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent may submit a current…

(Added with a 1998 Prop. 105 clause pursuant to L19, Ch. 318) Notwithstanding section 41-192, the department may employ legal counsel and make an expenditure or incur an indebtedness for legal services to implement, advise on or defend this chapter, chapter 28.2 or the rules adop…

(Added with a 1998 Prop. 105 clause pursuant to L19, Ch. 318) A. The director shall establish a medical marijuana testing advisory council to assist and make recommendations to the director regarding administering and implementing this chapter. The director or the director's desi…

(Added with a 1998 Prop. 105 clause pursuant to L21, Ch. 419) A. The Arizona biomedical research centre in the department shall provide competitive grants from monies in the medical marijuana fund established by section 36-2817 for marijuana clinical trials that are approved by t…