Bill Amendment: AZ SB1402 | 2022 | Fifty-fifth Legislature 2nd Regular
Bill Title: Marijuana establishments; licensing
Status: 2022-06-23 - Introduced in House and read first time [SB1402 Detail]
Download: Arizona-2022-SB1402-SENATE_-_Gowan_flr_amend_ref_Bill_adopted.html
Bill
Number: S.B. 1402
Gowan Floor Amendment
Reference to: printed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
1. Requires the Department of Health Services (DHS) to issue a new nonprofit medical marijuana dispensary registration certificate if a final adjudication in a court of law:
a) finds that between January 1, 2017, and December 31, 2020, an applicant filed a complete and compliant application;
b) finds that the proposed medical marijuana dispensary would have been located either in a county with no registered medical dispensaries or in a location where there is no medical dispensary within 25 miles;
c) finds that DHS declined to process the application; and
d) requires DHS to issue the applicant a medical dispensary certificate.
2. Permits a licensee to apply for a nonprofit medical marijuana dispensary registration certificate or a recreational marijuana establishment license and requires approval by DHS of each qualified applicant on submittal of a completed application and fee.
3. Removes the exemption of recreational marijuana dispensaries that transition to a dual license from laws regulating the priority issuance of medical marijuana licenses by DHS.
4. Removes language asserting that medical marijuana dispensary registration certificates issued to a recreational marijuana dispensary under a dual license do not count toward the total number of authorized medical marijuana dispensaries in the state or in a geographic area.
5. Removes the authority of recreational marijuana licensee's that become dual licensees to sell medical marijuana on request to DHS.
6. Exempts DHS from statutory rulemaking requirements for one year for purposes of approving dual licensees.
7. Adds an emergency clause.
Fifty-fifth Legislature Gowan
Second Regular Session S.B. 1402
GOWAN FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1402
(Reference to printed bill)
Page 1, strike lines 44 and 45
Page 2, strike lines 1 and 2, insert:
"E. The department shall issue a new nonprofit medical marijuana dispensary registration certificate if a final adjudication in a court of law does all of the following:
1. finds that During the period of January 1, 2017 through December 31, 2020, an applicant filed a complete and compliant application with the department for a nonprofit medical marijuana dispensary registration certificate.
2. finds that The proposed nonprofit medical marijuana dispensary would have been located either:
(a) In a county where, at the time of the application, there was no registered nonprofit medical marijuana dispensary.
(b) In a location where, at the time of application, there was no registered nonprofit medical marijuana dispensary within twenty-five miles.
3. finds that The department declined to process the application notwithstanding the requirements of section 36-2804, subsection C.
4. requires The department to issue the applicant a nonprofit medical marijuana dispensary registration certificate."
Line 35, after "licensee" strike remainder of line
Strike lines 36 and 37
Line 38, strike "the department." insert "may apply for"
Line 39,
after "certificate" strike remainder of line
Page 2, strike lines 40 through 43, insert "or a marijuana establishment license. The department shall issue a nonprofit medical marijuana dispensary registration certificate or a marijuana establishment license to each qualified applicant on submittal of a complete application and the application fee."
Page 8, between lines 10 and 11, insert:
"Sec. 3. Rulemaking exemption
Notwithstanding any other law, for the purposes of this act, the department of health services is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act."
Renumber to conform
After line 15, insert:
"Sec. 5. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."
Amend title to conform