reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2531 - Prohibited acts; classification

36-2531.
Prohibited acts;  classification
A. It is unlawful for any person:
1. Who is subject to article 3 of this chapter to intentionally or knowingly distribute or dispense a controlled substance in violation of section 36-2525.
2. Who is a registrant to intentionally or knowingly manufacture a controlled substance not authorized by that person's registration or to intentionally or knowingly distribute or dispense a controlled substance not authorized by that person's registration to another registrant or other authorized person.
3. To intentionally or knowingly refuse or fail to make,  keep or furnish any record,  notification,  order form,  statement,  invoice or information required under this chapter.
4. To intentionally or knowingly refuse entry into any premises for any inspection authorized by this chapter.
5. To knowingly dispense or deliver anabolic steroids without a written prescription or for a nontherapeutic use.
6. To intentionally or knowingly sell,  buy,  exchange or give away any preparation subject to section 36-2516 or the rules adopted pursuant to section 36-2516,  unless the preparation is to be used for a legitimate medical purpose and in compliance with this chapter.
B. Notwithstanding any other law,  any person who violates any provision of subsection A of this section is guilty of a class 4 felony.
C. It is unlawful for any person intentionally or knowingly:
1. To distribute as a registrant a controlled substance classified in schedule I or II,  except pursuant to an order form as required by section 36-2524.
2. To furnish false or fraudulent material information in,  or omit any material information from,  any application,  report or other document required to be kept or filed under this chapter or any record required to be kept by this chapter.
D. A person who violates any provision of subsection C of this section is guilty of a class 4 felony.
E. A person shall not provide a false prescription for a controlled substance or knowingly or intentionally acquire or obtain possession of a controlled substance by means of forgery,  fraud,  deception or subterfuge,  including the forgery or falsification of a prescription or the nondisclosure of a material fact. A person who violates this subsection is guilty of a class 4 felony.
F. Controlled substances,  vehicles and items used or intended for use in violation of this chapter are subject to seizure and forfeiture in the manner provided in title 13,  chapter 39.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2542 - Cooperation of agencies

36-2542.
Cooperation of agencies
A. The board and department shall cooperate with federal and other state agencies in discharging responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances,  including the dissemination of information to law enforcement agencies relating to any person who is known to have violated or who is suspected of violating this chapter to obtain a controlled substance in violation of section 36-2531.
B. Results,  information and evidence received from the United States drug enforcement administration relating to the regulatory functions of this chapter,  including results of inspections conducted by it,  may be relied and acted upon by the board or department in the exercise of its regulatory functions under this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2601 - Definitions

36-2601.
Definitions
In this article,  unless the context otherwise requires:
1. " Board"  means the Arizona state board of pharmacy or its designee.
2. " Dispenser"  means a medical practitioner or pharmacy that is authorized to dispense controlled substances.
3. " Licensed health care provider"  means a person who is licensed pursuant to title 32,  chapter 7,  11,  13,  14,  15,  16,  17,  18,  19.1,  25,  29 or 33.
4. " Medical practitioner"  means any person who is licensed and authorized by law to use and prescribe drugs and devices to treat sick and injured human beings or to diagnose or prevent sickness in human beings in this state or any state,  territory or district of the United States.
5. " Patient utilization report"  means all of the following information about a patient that is compiled by the program and disclosed pursuant to section 36-2606:
(a) Controlled substances prescription monitoring program data.
(b) Clinical alerts and other required alerts or indicators.
6. " Person"  means an individual,  partnership,  corporation or association and the person's duly authorized agents.
7. " Program"  means the controlled substances prescription monitoring program.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2602 - Controlled substances prescription monitoring program; contracts; retention and maintenance of records

36-2602.
Controlled substances prescription monitoring program;  contracts;  retention and maintenance of records
A. The board shall adopt rules to establish a controlled substances prescription monitoring program. The program shall:
1. Be operated,  monitored and maintained by the board.
2. Be staffed by the board.
3. Include a computerized central database tracking system to track the prescribing,  dispensing and consumption of schedule II,  III,  IV and V controlled substances that are dispensed by a medical practitioner or by a pharmacy that holds a valid license or permit issued pursuant to title 32. The database shall include data from the department of health services that identifies residents of this state who possess a registry identification card issued pursuant to chapter 28.1 of this title. The tracking system shall not interfere with the legal use of a controlled substance for managing severe or intractable pain.
4. Assist law enforcement to identify illegal activity related to prescribing,  dispensing and consuming schedule II,  III,  IV and V controlled substances.
5. Provide information to patients,  medical practitioners and pharmacists to help avoid the inappropriate use of schedule II,  III,  IV and V controlled substances.
6. Be designed to minimize inconvenience to patients,  prescribing medical practitioners and pharmacies while effectuating the collection and storage of information.
B. The board may enter into private or public contracts,  including intergovernmental agreements pursuant to title 11,  chapter 7,  article 3,  to ensure the effective operation of the program. Each contractor must comply with the confidentiality requirements prescribed in this article and is subject to the criminal penalties prescribed in section 36-2610.
C. The board shall maintain the following records for the following periods of time:
1. A record of dispensing a controlled substance for seven years after the date the controlled substance was dispensed.
2. Affidavits for the purpose of an open investigation by law enforcement for two years.
3. Court orders requesting medical record information in the program for two years.
4. A patient's request of the patient's own prescription history for two years.
5. A prescriber report for two years.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2603 - Computerized central database tracking system task force; consultation on electronic prescribing; membership

36-2603.
Computerized central database tracking system task force;  consultation on electronic prescribing;  membership
A. The board shall appoint a task force to help it administer the computerized central database tracking system,  to identify educational,  outreach and support services to advance medical practitioners' adoption of electronic prescribing of schedule II controlled substances and pharmacy implementation of section 36-2525 and to consult with regarding recommendations for exceptions to the electronic prescribing requirements prescribed in section 36-2525. The chairperson of the board shall chair the task force. The task force shall include the following members:
1. Pharmacists,  medical practitioners and other licensed health care providers.
2. Representatives of professional societies and associations for pharmacists,  medical practitioners and other licensed health care providers.
3. Representatives of professional licensing boards.
4. Representatives of the Arizona health care cost containment system administration.
5. Representatives of state and federal agencies that have an interest in controlling controlled substances.
6. Criminal prosecutors.
7. Representatives of a health information organization in this state.
B. The task force shall meet to establish the procedures and conditions relating to the release of prescription information pursuant to section 36-2604. The task force shall meet at least once each year and at the call of the chairperson.
C. Task force members serve at the pleasure of the board and are not eligible to receive compensation or reimbursement of expenses.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2605 - Controlled substances prescription monitoring program fund

36-2605.
Controlled substances prescription monitoring program fund
A. The controlled substances prescription monitoring program fund is established consisting of legislative appropriations,  transfers pursuant to section 32-1907 and any grants,  gifts or donations received by the board. The board shall administer the fund. Monies in the fund are continuously appropriated and shall be used to operate the controlled substances prescription monitoring program established pursuant to section 36-2602.
B. The board may apply for grants and may accept gifts,  grants or donations for the establishment and maintenance of the computerized prescription monitoring program.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2607 - Disciplinary action

36-2607.
Disciplinary action
A. The registrant's professional licensing board may revoke or suspend a registrant's registration or may place the registrant on probation for any of the following:
1. The registrant's professional licensing board determines that the registration was obtained by fraudulent means.
2. The registrant's professional licensing board takes action to revoke,  suspend or place on probation the registrant's license,  permit or registration to prescribe or dispense drugs.
3. The registration was issued through error.
4. The registrant knowingly files with the board any application,  renewal or other document that contains false or misleading information or the registrant gives false or misleading testimony to the board.
5. The registrant knowingly makes a false report or record required by this article.
6. A registrant that dispenses controlled substances does not resolve discrepancies submitted to the program's central database tracking system within thirty business days after being notified of the error by the board.
7. A registrant that dispenses controlled substances does not resolve a failed attempt or missing transmission to the program's central database tracking system within thirty business days after the occurrence.
B. The board may deny a registration to an applicant for the grounds prescribed in subsection A of this section.
C. In addition to any other law,  a licensed or permitted medical practitioner,  pharmacist or pharmacy that fails to comply with the requirements of this article is subject to disciplinary action by the medical practitioner's,  pharmacist's or pharmacy's professional licensing board. The board of pharmacy shall report to the appropriate professional licensing board the failure of a licensed or permitted medical practitioner,  pharmacist or pharmacy to comply with the requirements of this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2609 - Use of information; civil immunity

36-2609.
Use of information;  civil immunity
A. An individual or entity that complies with the reporting requirements of section 36-2608 is not subject to civil liability or other civil relief for reporting the information to the board.
B. Unless a court of competent jurisdiction makes a finding of malice or criminal intent,  the board,  any other state agency or any person or entity in proper possession of information pursuant to this article is not subject to civil liability or other legal or equitable relief for any of the following acts or omissions:
1. Furnishing information pursuant to this article.
2. Receiving,  using or relying on,  or not using or relying on,  information received pursuant to this article.
3. Information that was not furnished to the board.
4. Information that was factually incorrect or that was released by the board to the wrong person or entity.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2610 - Prohibited acts; violation; classification

36-2610.
Prohibited acts;  violation;  classification
A. A person who is subject to this article and who fails to report required information pursuant to section 36-2608 is guilty of a class 2 misdemeanor.
B. A person who is subject to this article and who knowingly fails to report required information to the board in violation of section 36-2608 is guilty of a class 1 misdemeanor.
C. A person who is subject to this article and who knowingly reports information to the board that the person knows to be false or fraudulent is guilty of a class 6 felony.
D. A person who is granted access to the information maintained by the board as required by this article and who knowingly discloses the information in a manner inconsistent with a legitimate professional or regulatory purpose,  a legitimate law enforcement purpose,  the terms of a court order or as otherwise expressly authorized by this article is guilty of a class 6 felony.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2801.01 - Addition of debilitating medical conditions

36-2801.01.
Addition of debilitating medical conditions
(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 by department rule,  including public notice and hearing. The department shall approve or deny a petition within one-hundred-eighty days of its submission. The approval or denial of a petition is a final decision of the department subject to judicial review pursuant to title 12,  chapter 7,  article 6. Jurisdiction and venue are vested in the superior court.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2802 - Arizona Medical Marijuana Act; limitations

36-2802.
Arizona Medical Marijuana Act;  limitations
(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 constitute negligence or professional malpractice.
B. Possessing or engaging in the medical use of marijuana:
1. On a school bus.
2. On the grounds of any preschool or primary or secondary school.
3. In any correctional facility.
C. Smoking marijuana:
1. On any form of public transportation.
2. In any public place.
D. Operating,  navigating or being in actual physical control of any motor vehicle,  aircraft or motorboat while under the influence of marijuana,  except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.
E. Using marijuana except as authorized under this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2803.01 - New dispensary registration certificates; issuance; priority; requirements; definition

36-2803.01.
New dispensary registration certificates;  issuance;  priority;  requirements;  definition
(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 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 pursuant to subsection A,  paragraph 1 or 2 of this section on or after April 1,  2020 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 unincorporated area of 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. For the purposes of this section,  " geographic area"  means a city,  town or unincorporated area of a county.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2803.02 - Warning labels; requirements; definitions

36-2803.02.
Warning labels;  requirements;  definitions
(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 packaging of any medical marijuana that is dispensed by a registered nonprofit medical marijuana dispensary to a qualified patient or a designated caregiver and any marijuana or marijuana product that is sold by a marijuana establishment pursuant to chapter 28.2 of this title.
B. For the purposes of this section,  " marijuana" ,  " marijuana establishment"  and " marijuana products"  have the same meanings prescribed in section 36-2850.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2804 - Registration and certification of nonprofit medical marijuana dispensaries

36-2804.
Registration and certification of nonprofit medical marijuana dispensaries
(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 marijuana dispensary and issue a registration certificate and a random 20-digit alphanumeric identification number if:
1. The prospective nonprofit medical marijuana dispensary has submitted the following:
(a) The application fee.
(b) An application,  including:
(i) The legal name of the nonprofit medical marijuana dispensary.
(ii) The physical address of the nonprofit medical marijuana dispensary and the physical address of one additional location,  if any,  where marijuana will be cultivated,  neither of which may be within five hundred feet of a public or private school existing before the date of the nonprofit medical marijuana dispensary application.
(iii) The name,  address and date of birth of each principal officer and board member of the nonprofit medical marijuana dispensary.
(iv) The name,  address and date of birth of each nonprofit medical marijuana dispensary agent.
(c) Operating procedures consistent with department rules for oversight of the nonprofit medical marijuana dispensary,  including procedures to ensure accurate record-keeping and adequate security measures.
(d) If the city,  town or county in which the nonprofit medical marijuana dispensary would be located has enacted zoning restrictions,  a sworn statement certifying that the registered nonprofit medical marijuana dispensary is in compliance with the restrictions.
2. None of the principal officers or board members has been convicted of an excluded felony offense.
3. None of the principal officers or board members has served as a principal officer or board member for a registered nonprofit medical marijuana dispensary that has had its registration certificate revoked.
4. None of the principal officers or board members is under twenty-one years of age.
C. The department may not issue more than one nonprofit medical marijuana dispensary registration certificate for every ten pharmacies that have registered under section 32-1929,  have obtained a pharmacy permit from the Arizona board of pharmacy and operate within the state except that the department may issue nonprofit medical marijuana dispensary registration certificates in excess of this limit if necessary to ensure that the department issues at least one nonprofit medical marijuana dispensary registration certificate in each county in which an application has been approved.
D. The department may conduct a criminal records check in order to carry out this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2804.01 - Registration; nonprofit medical marijuana dispensary agents; independent third-party laboratory agents; requirements

36-2804.01.
Registration;  nonprofit medical marijuana dispensary agents;  independent third-party laboratory agents;  requirements
(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-party laboratory.
B. A nonprofit medical marijuana dispensary or a certified independent third-party laboratory may apply to the department for a registry identification card for a nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent by submitting:
1. The name,  address and date of birth of the prospective nonprofit medical marijuana dispensary agent or independent third-party laboratory agent.
2. A nonprofit medical marijuana dispensary agent or independent third-party laboratory agent application.
3. A statement signed by either:
(a) The prospective nonprofit medical marijuana dispensary agent pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
(b) The prospective independent third-party laboratory agent acknowledging that registered independent third-party laboratory agents are prohibited from diverting marijuana pursuant to this chapter.
4. The application fee.
C. A registered nonprofit medical marijuana dispensary or certified independent third-party laboratory shall notify the department within ten days after a nonprofit medical marijuana dispensary agent or independent third-party laboratory agent ceases to be employed by or volunteer at the registered nonprofit medical marijuana dispensary or certified independent third-party laboratory.
D. A person who has been convicted of an excluded felony offense may not be a nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent. Notwithstanding any other provision of this chapter,  if a prospective nonprofit medical marijuana dispensary agent or independent third-party laboratory agent holds a current level I fingerprint clearance card,  the person is deemed to not have been convicted of an excluded felony offense.
E. The department may conduct a criminal records check in order to carry out this section.
F. Notwithstanding any other provision of this chapter,  if a marijuana facility agent as defined in section 36-2850 is registered with the department pursuant to section 36-2855,  the person may act in the capacity of a nonprofit medical marijuana dispensary agent without registering pursuant to this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2804.02 - Registration of qualifying patients and designated caregivers

36-2804.02.
Registration of qualifying patients and designated caregivers
(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. An application,  including:
(a) Name,  mailing address,  residence address and date of birth of the qualifying patient except that if the applicant is homeless no address is required.
(b) Name,  address and telephone number of the qualifying patient's physician.
(c) Name,  address and date of birth of the qualifying patient's designated caregiver,  if any.
(d) A statement signed by the qualifying patient pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
(e) A signed statement from the designated caregiver,  if any,  agreeing to be the patient's designated caregiver and pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.
(f) A designation as to who will be allowed to cultivate marijuana plants for the qualifying patient's medical use if a registered nonprofit medical marijuana dispensary is not operating within twenty-five miles of the qualifying patient's home.
B. The application for a qualifying patient's registry identification card shall ask whether the patient would like the department to notify him of any clinical studies needing human subjects for research on the medical use of marijuana. The department shall notify interested patients if it is notified of studies that will be conducted in the United States.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2804.03 - Issuance of registry identification cards

36-2804.03.
Issuance of registry identification cards
(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 days of receiving a completed application or renewal.
2. Issue a registry identification card to a qualifying patient and his designated caregiver,  if any,  within five days of approving the application or renewal. A designated caregiver must have a registry identification card for each of his qualifying patients.
3. Issue each nonprofit medical marijuana dispensary agent a registry identification card and log-in information for the verification system within five days of approving the application or renewal.
B. The department may not issue a registry identification card to a qualifying patient who is under the age of eighteen unless:
1. The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the custodial parent or legal guardian responsible for health care decisions for the qualifying patient.
2. A custodial parent or legal guardian responsible for health care decisions for the qualifying patient submits a written certification from two physicians.
3. The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:
(a) Allow the qualifying patient's medical use of marijuana.
(b) Serve as the qualifying patient's designated caregiver.
(c) Control the acquisition of the marijuana,  the dosage and the frequency of the medical use of marijuana by the qualifying patient.
C. A registry identification card,  or its equivalent,  that is issued under the laws of another state,  district,  territory,  commonwealth or insular possession of the United States that allows a visiting qualifying patient to possess or use marijuana for medical purposes in the jurisdiction of issuance has the same force and effect when held by a visiting qualifying patient as a registry identification card issued by the department,  except that a visiting qualifying patient is not authorized to obtain marijuana from a nonprofit medical marijuana dispensary.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2804.04 - Registry identification cards

36-2804.04.
Registry identification cards
(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 designated caregiver.
3. The date of issuance and expiration date of the registry identification card.
4. A random twenty-digit alphanumeric identification number containing at least four numbers and at least four letters that is unique to the cardholder.
5. If the cardholder is a designated caregiver,  the random identification number of the registered qualifying patient the designated caregiver is assisting.
6. A photograph of the cardholder.
7. A clear indication of whether the cardholder has been authorized by this chapter to cultivate marijuana plants for the qualifying patient's medical use.
8. A warning to pregnant women about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the department of child safety during pregnancy or at the birth of the child by persons who are required to report.
B. Registry identification cards for nonprofit medical marijuana dispensary agents shall contain the following:
1. The name,  address and date of birth of the nonprofit medical marijuana dispensary agent.
2. A statement that the cardholder is a nonprofit medical marijuana dispensary agent.
3. The legal name of the registered nonprofit medical marijuana dispensary with which the nonprofit medical marijuana dispensary agent is affiliated.
4. A random twenty-digit alphanumeric identification number that is unique to the cardholder.
5. The date of issuance and expiration date of the registry identification card.
6. A photograph,  if the department decides to require one.
C. If the registry identification card of either a qualifying patient or the patient's designated caregiver does not state that the cardholder is authorized to cultivate marijuana plants,  the department must give written notice to the registered qualifying patient,  when the qualifying patient's registry identification card is issued,  of the name and address of all registered nonprofit medical marijuana dispensaries.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2804.05 - Denial of registry identification card

36-2804.05.
Denial of registry identification card
(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. Previously had a registry identification card revoked for violating this chapter.
4. Provides false information.
B. The department may deny an application or renewal of a designated caregiver's registry identification card if the applicant:
1. Does not meet the requirements of section 36-2801,  paragraph 5.
2. Does not provide the information required.
3. Previously had a registry identification card revoked for violating this chapter.
4. Provides false information.
C. The department may deny a registry identification card to a nonprofit medical marijuana dispensary agent if:
1. The agent applicant does not meet the requirements of section 36-2801,  paragraph 13.
2. The applicant or dispensary did not provide the required information.
3. The agent applicant previously had a registry identification card revoked for violating this chapter.
4. The applicant or dispensary provides false information.
D. The department may conduct a criminal records check of each designated caregiver or nonprofit medical marijuana dispensary agent applicant to carry out this section.
E. The department shall notify the registered nonprofit medical marijuana dispensary in writing of the reason for denying a registry identification card to a nonprofit medical marijuana dispensary agent.
F. The department shall notify the qualifying patient in writing of the reason for denying a registry identification card to the qualifying patient's designated caregiver.
G. Denial of an application or renewal is considered a final decision of the department subject to judicial review pursuant to title 12,  chapter 7,  article 6. Jurisdiction and venue for judicial review are vested in the superior court.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2804.06 - Expiration and renewal of registry identification cards and registration certificates; replacement

36-2804.06.
Expiration and renewal of registry identification cards and registration certificates;  replacement
(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 verification system shall be deactivated on notification to the department by a registered nonprofit medical marijuana dispensary that the nonprofit medical marijuana dispensary agent is no longer employed by or no longer volunteers at the registered nonprofit medical marijuana dispensary.
C. The department shall issue a renewal nonprofit medical marijuana dispensary registration certificate or an independent third-party laboratory certificate within ten days after receipt of the prescribed renewal application and renewal fee from a registered nonprofit medical marijuana dispensary or independent third-party laboratory if the dispensary's registration certificate or the laboratory's certificate is not under suspension and has not been revoked.
D. If a cardholder loses a registry identification card,  the cardholder shall promptly notify the department. Within five days after the notification and on payment of a $10 fee,  the department shall issue a new registry identification card with a new random identification number to the cardholder and,  if the cardholder is a registered qualifying patient,  to the registered qualifying patient's registered designated caregiver,  if any.
E. On or before December 1,  2019,  the department shall implement an electronic registry card program for registry identification cards,  registration certificates,  certificates and renewals. The electronic license program shall allow for the electronic verification and delivery of registry identification cards,  registration certificates,  certificates and renewals.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2804.07 - Independent third-party laboratories; certification; inspection

36-2804.07.
Independent third-party laboratories;  certification;  inspection
(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 laboratory and issue a certificate and a random twenty-digit alphanumeric identification number if:
1. The prospective independent third-party laboratory has submitted all of the following:
(a) The application fee.
(b) An application,  that includes:
(i) The legal name of the independent third-party laboratory.
(ii) The physical address of the independent third-party laboratory,  which may not be within five hundred feet of a public or private school existing before the date of the independent third-party laboratory's application.
(iii) The name,  address and date of birth of the owner of the independent third-party laboratory.
(iv) The name,  address and date of birth of each independent third-party laboratory agent.
(c) Policies and procedures consistent with department rules and the requirements of section 36-2803.
(d) If the city,  town or county in which the independent third-party laboratory would be located has enacted zoning restrictions,  a sworn statement certifying that the independent third-party laboratory is in compliance with the restrictions.
2. The independent third-party laboratory's owner and agents have not been convicted of an excluded felony offense.
3. The independent third-party laboratory's owner and agents are at least twenty-one years of age.
C. Certified independent third-party laboratories are subject to reasonable inspection by the department.
D. The department may conduct a criminal records check in order to carry out this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2805 - Facility restrictions

36-2805.
Facility restrictions
(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 reasonable restrictions on the use of marijuana by their residents or persons receiving inpatient services,  including:
1. That the facility will not store or maintain the patient's supply of marijuana.
2. That the facility,  caregivers or hospice agencies serving the facility's residents are not responsible for providing the marijuana for qualifying patients.
3. That marijuana be consumed by a method other than smoking.
4. That marijuana be consumed only in a place specified by the facility.
B. Nothing in this section requires a facility listed in subsection A to adopt restrictions on the medical use of marijuana.
C. A facility listed in subsection A may not unreasonably limit a registered qualifying patient's access to or use of marijuana authorized under this chapter unless failing to do so would cause facility to lose a monetary or licensing-related benefit under federal law or regulations.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2806.01 - Dispensary locations

36-2806.01.
Dispensary locations
(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,  chapter 6,  article 2.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2806.02 - Dispensing marijuana for medical use

36-2806.02.
Dispensing marijuana for medical use
(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 for whom the marijuana is intended and any registered designated caregiver transporting the marijuana to the patient,  that:
1. The registry identification card presented to the registered nonprofit medical marijuana dispensary is valid.
2. Each person presenting a registry identification card is the person identified on the registry identification card presented to the nonprofit medical marijuana dispensary agent.
3. The amount to be dispensed would not cause the registered qualifying patient to exceed the limit on obtaining no more than two-and-one-half ounces of marijuana during any fourteen-day period.
B. After making the determinations required in subsection A,  but before dispensing marijuana to a registered qualifying patient or a registered designated caregiver on a registered qualifying patient's behalf,  a nonprofit medical marijuana dispensary agent must enter the following information in the verification system:
1. How much marijuana is being dispensed to the registered qualifying patient.
2. Whether it was dispensed directly to the registered qualifying patient or to the registered qualifying patient's registered designated caregiver.
3. The date and time the marijuana was dispensed.
4. The registry identification card number of the nonprofit medical marijuana dispensary and of the nonprofit medical marijuana dispensary agent who dispensed the marijuana.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2807 - Verification system

36-2807.
Verification system
(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 medical marijuana dispensary agents and employers to verify registry identification cards. An employer may use the verification system only to verify a registry identification card that is provided to the employer by a current employee or by an applicant who has received a conditional offer of employment.
B. The verification system must allow law enforcement personnel and nonprofit medical marijuana dispensary agents to enter a registry identification number and verify whether the number corresponds with a current,  valid identification card.
C. The system shall disclose:
1. The name of the cardholder,  but must not disclose the cardholder's address.
2. The amount of marijuana that each registered qualifying patient received from nonprofit medical marijuana dispensaries during the past sixty days.
D. The verification system must include the following data security features:
1. Any time an authorized user enters five invalid registry identification numbers within five minutes,  that user cannot log in to the system again for ten minutes.
2. A users log-in information shall be deactivated after five incorrect login attempts until the authorized user contacts the department and verifies the user's identity.
3. The server must reject any log-in request that is not over an encrypted connection.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2808 - Notifications to department; civil penalty

36-2808.
Notifications to department;  civil penalty
(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 qualifying patient or if the registered qualifying patient ceases to have his debilitating medical condition.
B. A registered designated caregiver or nonprofit medical marijuana dispensary agent shall notify the department within ten days of any change in his name or address.
C. When a cardholder notifies the department of any changes listed in subsection A but remains eligible under this chapter,  the department shall issue the cardholder a new registry identification card with new random 20-digit alphanumeric identification numbers within ten days of receiving the updated information and a ten-dollar fee. If the person notifying the department is a registered qualifying patient,  the department shall also issue his registered designated caregiver,  if any,  a new registry identification card within ten days of receiving the updated information.
D. If the registered qualifying patient's certifying physician notifies the department in writing that either the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the physician no longer believes the patient would receive therapeutic or palliative benefit from the medical use of marijuana,  the card is void upon notification by the department to the qualifying patient.
E. When a registered qualifying patient ceases to be a registered qualifying patient or changes registered designated caregiver,  the department shall promptly notify the former designated caregiver that his duties and rights under this chapter as to that qualifying patient expire fifteen days after notification by the department is sent.
F. A registered qualifying patient,  designated caregiver or nonprofit medical marijuana dispensary agent who fails to comply with subsection A or B is subject to a civil penalty of not more than one hundred fifty dollars.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2809 - Annual report

36-2809.
Annual report
(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. The number of registry identification card applications and renewals.
2. The number of qualifying patients and designated caregivers approved in each county.
3. The nature of the debilitating medical conditions of the qualifying patients.
4. The number of registry identification cards revoked.
5. The number of physicians providing written certifications for qualifying patients.
6. The number of registered nonprofit medical marijuana dispensaries.
7. The number of nonprofit medical marijuana dispensary agents in each county.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-2812 - Marijuana research; grants; posting

36-2812.
Marijuana research;  grants;  posting
(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 behavior.
B. The department shall post on its public website all research conducted pursuant to the grants provided under this section.