Arizona Laws 36-2804.05. Denial of registry identification card
(Caution: 1998 Prop. 105 applies)
Terms Used In Arizona Laws 36-2804.05
- Department: means the department of health services or its successor agency. See Arizona Laws 36-2801
- Designated caregiver: means a person who:
(a) Is at least twenty-one years of age. See Arizona Laws 36-2801
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Marijuana: means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant. See Arizona Laws 36-2801
- Nonprofit medical marijuana dispensary: means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. See Arizona Laws 36-2801
- Nonprofit medical marijuana dispensary agent: means a principal officer, board member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense. See Arizona Laws 36-2801
- Qualifying patient: means a person who has been diagnosed by a physician as having a debilitating medical condition. See Arizona Laws 36-2801
- Registry identification card: means a document issued by the department that identifies a person as a registered qualifying patient, a registered designated caregiver, a registered nonprofit medical marijuana dispensary agent or a registered independent third-party laboratory agent. See Arizona Laws 36-2801
- Venue: The geographical location in which a case is tried.
- Writing: includes printing. See Arizona Laws 1-215
A. The department may deny an application or renewal of a qualifying patient‘s registry identification card only if the applicant:
1. Does not meet the requirements of section 36-2801, paragraph 15.
2. Does not provide the information required.
3. Previously had a registry identification card revoked for violating this chapter.
4. Provides false information.
B. The department may deny an application or renewal of a designated caregiver‘s registry identification card if the applicant:
1. Does not meet the requirements of section 36-2801, paragraph 5.
2. Does not provide the information required.
3. Previously had a registry identification card revoked for violating this chapter.
4. Provides false information.
C. The department may deny a registry identification card to a nonprofit medical marijuana dispensary agent if:
1. The agent applicant does not meet the requirements of section 36-2801, paragraph 13.
2. The applicant or dispensary did not provide the required information.
3. The agent applicant previously had a registry identification card revoked for violating this chapter.
4. The applicant or dispensary provides false information.
D. The department may conduct a criminal records check of each designated caregiver or nonprofit medical marijuana dispensary agent applicant to carry out this section.
E. The department shall notify the registered nonprofit medical marijuana dispensary in writing of the reason for denying a registry identification card to a nonprofit medical marijuana dispensary agent.
F. The department shall notify the qualifying patient in writing of the reason for denying a registry identification card to the qualifying patient’s designated caregiver.
G. Denial of an application or renewal is considered a final decision of the department subject to judicial review pursuant to Title 12, Chapter 7, Article 6. Jurisdiction and venue for judicial review are vested in the superior court.