Office of Administrative Counsel & Rules
Recently Completed Rulemaking
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.
- Notice of Final Rulemaking 18 A.A.R. 3354
- Draft Rules - July, 2012
- Notice of Proposed Rulemaking 18 A.A.R. 1831
- Notice of Rulemaking Docket Opening 18 A.A.R. 1870
Note: Information provided in PDF files.
***This webpage and the material contained herein are provided as a public service for informational purposes only. It should not be considered legal advice or opinion; and, unless expressly noted, does not reflect official ADHS policy.