Arizona Administrative Code
Title 9 - HEALTH SERVICES
Chapter 17 - DEPARTMENT OF HEALTH SERVICES - MEDICAL MARIJUANA PROGRAM
Article 3 - DISPENSARIES AND DISPENSARY AGENTS
Section R9-17-303 - Dispensary Registration Certificate Allocation Process
Universal Citation: AZ Admin Code R 9-17-303
Current through Register Vol. 30, No. 38, September 20, 2024
A. Each calendar year, the Department may review current valid dispensary registration certificates to determine if the Department may issue additional dispensary registration certificates pursuant to A.R.S. § 36-2804(C).
1. If the Department determines that the
Department may issue additional dispensary registration certificates, the
Department shall post, on the Department's website, the information that the
Department is accepting dispensary registration certificate applications,
including the deadline for accepting dispensary registration certificate
applications.
a. The Department shall post the
information in subsection (A)(1) at least 30 calendar days before the date the
Department begins accepting applications.
b. The deadline for submission of dispensary
registration certificate applications is 10 working days after the date the
Department begins accepting applications.
c. Sixty working days after the date the
Department begins accepting applications, the Department shall determine if the
Department received more dispensary registration certificate applications that
are complete and in compliance with A.R.S. Title 36, Chapter 28.1 and this
Chapter to participate in the allocation process than the Department is allowed
to issue.
i. If the Department received more
dispensary registration certificate applications than the Department is allowed
to issue, the Department shall allocate any available dispensary registration
certificates according to the priorities established in subsection
(B).
ii. If the Department is
allowed to issue a dispensary registration certificate for each dispensary
registration certificate application the Department received, the Department
shall allocate the dispensary registration certificates to those
applicants.
2.
If the Department determines that the Department is not allowed to issue
additional dispensary registration certificates, the Department shall, on the
Department's website:
a. Post the information
that the Department is not accepting dispensary registration certificate
applications, and
b. Maintain the
information until the next review.
B. If the Department determined, according to subsection (A)(1)(c), that more dispensary registration certificate applications were received that are complete and are in compliance with A.R.S. Title 36, Chapter 28.1 and this Chapter to participate in the allocation process than the number of dispensary registration certificates the Department is allowed to issue, the Department shall allocate the dispensary registration certificates according to the following criteria:
1. For dispensary registration certificate
applications received for a county in which no dispensary is located:
a. If only one dispensary registration
certificate application is received for a proposed dispensary located in the
county, the Department shall allocate the dispensary registration certificate
to that applicant; or
b. If more
than one dispensary registration certificate application is received for a
proposed dispensary located in the county, the Department shall prioritize and
allocate a dispensary registration certificate to an applicant according to
subsection (B)(2);
2. For
dispensary registration certificate applications received according to
subsection (B)(1)(b), the Department shall prioritize and allocate a dispensary
registration certificate to an applicant according to the following:
a. If only one dispensary registration
certificate application is received for a proposed dispensary in a geographic
area in the county, at a location that is at least 25 miles from another
dispensary and from which another dispensary has moved, the Department shall
allocate the dispensary registration certificate to that applicant;
b. If more than one dispensary registration
certificate application is received for a proposed dispensary in a geographic
area in the county, at a location that is at least 25 miles from another
dispensary and from which another dispensary has moved, the Department shall:
i. Prioritize and allocate a dispensary
registration certificate to an applicant based on which proposed dispensary
location will provide dispensary services to the most qualifying patients
within five miles of the proposed dispensary location, as determined from the
number of registry identification cards issued to qualifying patients;
and
ii. If two or more dispensary
registration certificate applications specify the same location from which
another dispensary has moved, comply with subsection (C); and
c. If no dispensary registration
certificate applications are received for a proposed dispensary in a geographic
area in the county, at a location that is at least 25 miles from another
dispensary and from which another dispensary has moved, the Department shall
allocate a dispensary registration certificate in the county as follows:
i. If only one dispensary registration
certificate application is received for a proposed dispensary in a geographic
area in the county at a location that is at least 25 miles from another
dispensary, the Department shall allocate the dispensary registration
certificate to that applicant;
ii.
If more than one dispensary registration certificate application is received
for a proposed dispensary in a geographic area in the county at a location that
is at least 25 miles from another dispensary, the Department shall allocate a
dispensary registration certificate to an applicant at a location that is at
least 25 miles from another dispensary based on random drawing; and
iii. If no dispensary registration
certificate is allocated according to subsection (B)(2)(c)(i) or (ii), the
Department shall allocate a dispensary registration certificate to an applicant
for a proposed dispensary located in the county based on random
drawing;
3. If
additional dispensary registration certificates are available after dispensary
registration certificates are allocated, for each county in which no dispensary
is located, according to subsection (B)(1) or (2), the Department shall
allocate the additional dispensary registration certificates for a location in
any geographic area as follows:
a. If the
number of dispensary registration certificate applications received for a
proposed dispensary at a location that is at least 25 miles from another
dispensary, including a dispensary allocated a dispensary registration
certificate according to subsection (B)(1) or (2), and from which another
dispensary has moved is less than or equal to the number of available
dispensary registration certificates, the Department shall allocate the
dispensary registration certificates to those applicants; or
b. If the number of dispensary registration
certificate applications received for a proposed dispensary at a location that
is at least 25 miles from another dispensary, including a dispensary allocated
a dispensary registration certificate according to subsection (B)(1) or (2),
and from which another dispensary has moved is greater than the number of
available dispensary registration certificates, the Department shall:
i. Prioritize and allocate dispensary
registration certificates to applicants based on which proposed dispensary
location will provide dispensary services to the most qualifying patients
within five miles of the proposed dispensary location, as determined from the
number of registry identification cards issued to qualifying patients;
and
ii. If two or more dispensary
registration certificate applications specify the same location from which
another dispensary has moved, comply with subsection (C);
4. If additional dispensary
registration certificates are available after dispensary registration
certificates are allocated according to subsections (B)(1), (2), and (3), the
Department shall allocate the dispensary registration certificates for a
location in any geographic area as follows:
a.
If the number of dispensary registration certificate applications received for
a proposed dispensary at a location that is at least 25 miles from another
dispensary, including a dispensary allocated a dispensary registration
certificate according to subsection (B)(1), (2), or (3), is less than or equal
to the number of available dispensary registration certificates, the Department
shall allocate a dispensary registration certificate to those applicants;
or
b. If the number of dispensary
registration certificate applications received for a proposed dispensary at a
location that is at least 25 miles from another dispensary, including a
dispensary allocated a dispensary registration certificate according to
subsection (B)(1), (2), or (3), is greater than the number of available
dispensary registration certificates, the Department shall allocate a
dispensary registration certificate to an applicant:
i. Based on random drawing; and
ii. If two or more dispensary registration
certificate applications specify the same location, comply with subsection (C);
and
5. If
additional dispensary registration certificates are available after dispensary
registration certificates are allocated according to subsections (B)(1) through
(4), for all dispensary registration certificate applications not allocated a
dispensary registration certificate, the Department shall allocate a dispensary
registration certificate to an applicant:
a.
Based on random drawing; and
b. If
two or more dispensary registration certificate applications specify the same
location, comply with subsection (C).
C. The Department shall randomly select one dispensary registration certificate application for allocation of a dispensary registration certificate if:
1. There is a tie
or a margin of 0.1% or less in the scores generated by applying the criteria in
subsection (B), or
2. Two or more
dispensary registration certificate applications specify the same
location.
D. For purposes of subsection (B):
1. "Five miles" includes
the area contained within a circle that extends for five miles in all
directions from a specific location, not the distance travelled from the
specific location by road; and
2.
"25 miles" includes the area contained within a circle that extends for 25
miles in all directions from the center of a proposed dispensary location, not
the distance travelled from one location to another location by road.
E. If the Department does not allocate a dispensary registration certificate to an applicant that had submitted a dispensary registration certificate application that the Department determined was complete and in compliance with A.R.S. Title 36, Chapter 28.1 and this Chapter to participate in the allocation process, the Department shall
provide a written notice to the applicant that states that, although the applicant's dispensary registration certificate application was complete and complied with A.R.S. Title 36, Chapter 28.1 and this Chapter, the Department did not allocate the applicant a dispensary registration certificate under the processes in this Section.
.
F. If the Department receives a dispensary registration certificate application at a time other than the time stated in subsection (B), the Department shall return the dispensary registration certificate application, including the application fee, to the applicant.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
