Title 36 — Public Health and Safety
55 chapters · 1,413 sections in this title.
A.R.S. § 36-2850 Definitions
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(Caution: 1998 Prop. 105 applies) In this chapter, unless the context requires otherwise: 1. "Advertise," "advertisement" and "advertising" mean any public communication in any medium that offers or solicits a commercial transaction involving the sale, purchase or delivery of mar…
A.R.S. § 36-2851 Employers; driving; minors; control of property; smoking in public places and open spaces
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(Caution: 1998 Prop. 105 applies) This chapter: 1. Does not restrict the rights of employers to maintain a drug-and-alcohol-free workplace or affect the ability of employers to have workplace policies restricting the use of marijuana by employees or prospective employees. 2. Does…
A.R.S. § 36-2852 Allowable possession and personal use of marijuana, marijuana products and marijuana paraphernalia
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(Caution: 1998 Prop. 105 applies) A. Except as specifically and expressly provided in sections 36-2851 and 36-2853 and notwithstanding any other law, the following acts by an individual who is at least twenty-one years of age are lawful, are not an offense under the laws of this …
A.R.S. § 36-2853 Violations; classification; civil penalty; additional fine; enforcement
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(Caution: 1998 Prop. 105 applies) A. Notwithstanding any other law and except as otherwise provided in this chapter, a person who possesses an amount of marijuana greater than the amount allowed pursuant to section 36-2852, but not more than two and one-half ounces of marijuana, …
A.R.S. § 36-2854 Rules; licensing; early applicants; fees; civil penalty; legal counsel
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(Caution: 1998 Prop. 105 applies) A. The department shall adopt rules to implement and enforce this chapter and regulate marijuana, marijuana products, marijuana establishments and marijuana testing facilities. Those rules shall include requirements for: 1. Licensing marijuana es…
A.R.S. § 36-2854.01 Marijuana products; labeling; packaging
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(Added with a 1998 Prop. 105 clause pursuant to L21, Ch. 394) Not later than December 31, 2023, any marijuana product packaging labeled for sale shall include a consumer scannable tetrahydrocannabinol quick response code or similar technology linking to a webpage that displays al…
A.R.S. § 36-2855 Marijuana facility agents; registration; card; rules
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(Caution: 1998 Prop. 105 applies) A. A marijuana facility agent shall be registered with the department before working at a marijuana establishment or marijuana testing facility. B. A person who wishes to be registered as a marijuana facility agent or renew the person's registrat…
A.R.S. § 36-2856 Smart and safe Arizona fund; disposition of monies; exemption
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(Caution: 1998 Prop. 105 applies) A. The smart and safe Arizona fund is established consisting of all monies deposited pursuant to sections 36-2853, 36-2854, 36-2859, 42-5452 and 42-5453, private donations and interest earned on those monies. Monies in the fund are continuously a…
A.R.S. § 36-2857 Localities; marijuana establishments and marijuana testing facilities
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(Caution: 1998 Prop. 105 applies) A. A locality may: 1. Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas. 2. Limit the number of marijuana establishments or marijuana testing facilities…
A.R.S. § 36-2858 Lawful operation of marijuana establishments and marijuana testing facilities
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(Caution: 1998 Prop. 105 applies) A. Except as specifically and expressly provided in section 36-2857 and notwithstanding any other law, it is lawful and is not an offense under the laws of this state or any locality, may not constitute the basis for detention, search or arrest, …
A.R.S. § 36-2859 Advertising restrictions; enforcement; civil penalty
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A. A marijuana establishment or nonprofit medical marijuana dispensary may engage in advertising. B. An advertising platform may host advertising only if all of the following apply: 1. The advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispe…
A.R.S. § 36-2859; Version 2 Advertising; restrictions; warning; enforcement; civil penalty; exception
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(Eff. 7/1/26. Caution: 1998 Prop. 105 applies) A. A marijuana establishment or nonprofit medical marijuana dispensary may advertise or authorize advertising for marijuana or marijuana products in accordance with restrictions imposed by this section. B. An individual or entity tha…
A.R.S. § 36-2860 Packaging; restrictions on particular marijuana products
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(Caution: 1998 Prop. 105 applies) A. A marijuana establishment may not: 1. Package or label marijuana or marijuana products in a false or misleading manner. 2. Manufacture or sell marijuana products that resemble the form of a human, animal, insect, fruit, toy or cartoon. 3. Sell…
A.R.S. § 36-2861 Contracts; professional services
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(Caution: 1998 Prop. 105 applies) A. It is the public policy of this state that contracts related to marijuana establishments and marijuana testing facilities are enforceable. B. A person that is licensed, certified or registered by any department, agency or regulatory board of t…
A.R.S. § 36-2862 Expungement; petition; appeal; dismissal of complaints; rules
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(Caution: 1998 Prop. 105 applies) A. Beginning July 12, 2021, an individual who was arrested for, charged with, adjudicated or convicted by trial or plea of, or sentenced for, any of the following offenses based on or arising out of conduct occurring before the effective date of …
A.R.S. § 36-2863 Justice reinvestment fund; exemption; distribution; definition
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(Caution: 1998 Prop. 105 applies) A. The justice reinvestment fund is established consisting of all monies deposited pursuant to section 36-2856 and interest earned on those monies. Monies in the fund are continuously appropriated. Monies in the fund and its accounts may not be t…
A.R.S. § 36-2864 Transaction privilege tax; use tax; additional taxes prohibited; exception
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(Caution: 1998 Prop. 105 applies) A. For purposes of the transaction privilege tax and use tax levied and collected pursuant to title 42, chapters 5 and 6, marijuana and marijuana products are tangible personal property defined in section 42-5001 and are subject to the transactio…
A.R.S. § 36-2865 Enforcement of this chapter; special action
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(Caution: 1998 Prop. 105 applies) A. If the department fails to adopt rules necessary to implement this chapter on or before June 1, 2021, or fails to begin accepting applications as provided in section 36-2854, subsection A, paragraph 1, subdivision (d), any citizen may commence…