Office of Administrative Counsel & Rules

Recently Completed Rulemaking

This rulemaking was completed within the last 12 months. See Completed Rulemakings for all completed rulemakings. See Rulemakings in Progress for rulemakings that are not yet completed.

Medical Marijuana Program Rulemaking

The Department requested and received an exception from the Governor's rulemaking moratorium to amend the rules in Arizona Administrative Code (A.A.C.) Title 9, Chapter 17 for the Medical Marijuana Program. The Medical Marijuana Program issues medical marijuana registry identification cards to qualifying patients and their caregivers and issues dispensary registration certificates to qualifying applicants requesting authorization to operate a medical marijuana dispensary. The Department authority's to implement and maintain the Medical Marijuana Program is granted by Arizona Revised Statutes (A.R.S.) §§ 36-2801 through 2819.

On January 17, 2012, the Arizona Superior Court ruled that the Department did not have authority to establish certain rules related to dispensary registration certificate applicants that the Department had adopted under an Exempt Rulemaking in April 2011. In response to the court order, the Department amended the rules by Emergency Rulemaking, published in May 2012. With the Emergency Rulemaking expiring in November 2012, the Department initiated this rulemaking.

In this rulemaking, the Department has:

  • Reduced the time to complete the Department's reviews of a dispensary registration application to ensure compliance with the Medical Marijuana Act's 90 day time-frame to issue a dispensary registration certificate;
  • Amended requirements for information from an applicant, a principal officer, or a board member to comply with the court order;
  • Amended the dispensary registration certificate allocation process; and
  • Clarified language and revised subsection references to ensure the rules are clear, concise, and understandable.
Rulemaking Documents
Resources

Note: Information provided in PDF files.