Title 36, Public Health and Safety

(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…

(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…

(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…

(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 …

(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, …

(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…

(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…

(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…

(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…

(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…

(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, …

(Eff. 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 that sells …

(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…

(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…

(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 …

(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…

(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…

(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…

In this article, unless the context otherwise requires: 1. "Board" means the state board of dental examiners. 2. "Dental provider" means a dental hygienist, affiliated practice dental hygienist or dental assistant who is licensed pursuant to title 32, chapter 11. 3. "Dentist" mea…

A. Except as provided in subsection E of this section, before a dentist or dental provider delivers care through teledentistry, the dentist or dental provider shall obtain verbal or written informed consent from the patient or the patient's health care decision maker. If the info…

This article applies to the practice of teledentistry within this state. This article does not expand, reduce or otherwise amend the licensing requirements of title 32, chapter 11 for dentists or dental providers.