Ariz. Admin. Code § 9-18-317

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-18-317 - Denial, Suspension, or Revocation of a Marijuana Establishment License

A. The Department shall deny an application for a marijuana establishment license or a renewal if:

1. A principal officer or board member:

a. Has been convicted of an excluded felony offense, or

b. Is under 21 years of age; or

2. The application or the marijuana establishment does not comply with the requirements in A.R.S. Title 36, Chapter 28.2, and this Chapter.

B. The Department may deny an application for or renewal of a marijuana establishment license if a principal officer or board member of the marijuana establishment:

1. Did not obtain an approval to operate the marijuana establishment or a dispensary, as applicable, within 18 months after the dispensary registration certificate or marijuana establishment license was issued;

2. Has served as a principal officer or board member for a dispensary or marijuana establishment that had the dispensary registration certificate or marijuana establishment license, as applicable, revoked; or

3. Provides false or misleading information to the Department.

C. The Department may suspend or revoke a marijuana establishment license if:

1. The marijuana establishment:

a. Provides false or misleading information to the Department;

b. Operates before obtaining approval to operate a marijuana establishment from the Department;

c. Diverts marijuana to an individual who or entity that is not allowed to possess marijuana, pursuant to A.R.S. Title 36, Chapter 28.1 or 28.2; or

d. Acquires marijuana from an entity that is not allowed to possess marijuana, pursuant to A.R.S. Title 36, Chapter 28.1 or 28.2;

2. A principal officer or board member:

a. Has been convicted of an excluded felony offense, or

b. Provides false or misleading information to the Department; or

3. The marijuana establishment does not:

a. Comply with the requirements in A.R.S. Title 36, Chapter 28.2, and this Chapter; or

b. Implement the policies and procedures or comply with the statements provided to the Department with the marijuana establishment's application.

D. If the Department denies a marijuana establishment license application, the Department shall provide notice to the applicant that includes:

1. The specific reason or reasons for the denial, and

2. All other information required by A.R.S. § 41-1076.

E. If the Department suspends or revokes a marijuana establishment license, the Department shall provide notice to the marijuana establishment that includes:

1. The specific reason or reasons for the suspension or revocation; and

2. The process for requesting a review of the Department's decision pursuant to A.R.S. Title 41, Chapter 6, Article 10.

Ariz. Admin. Code § R9-18-317

New Section Renumbered from R9-18-316 by final exempt rulemaking at 29 A.A.R. 2453, effective 10/1/2023.