ARIZONA LEGISLATIVE COUNCIL MEMO September 6, 2019 T0: Roopali H. Desai FROM: Michael B. Braun Executive Director RE: Text review; Safe and Smart Arizona Act (1?18-2020) Pursuant to section 19-111.01, Arizona Revised Statutes, the staff of the Arizona Legislative Council has reviewed the text of the above?referenced initiative. We have limited our consideration to potential errors in the drafting of the text of the proposed language, confusing, con?icting or inconsistent provisions within the text of the proposed language and con?icts between the text of the proposed language and other state or federal laws. This review is predicated on the form and style used by our of?ce in preparing bills and other legislative proposals for members of the Arizona Legislature and contained in the Arizona Legislative Bill Drafting Manual 2019-2020 [available electronically at: wwazleg. gov]. We have not reviewed the form of the proposed measure to determine if it complies with the required form for initiative petitions. The information contained in this review does not constitute legal advice and no attorney! client relationship is created by providing this statutory review. We have not undertaken to perform a comprehensive analysis of the potential legal issues presented by the measure. Pursuant to section 19-11101, subsection C, Arizona Revised Statutes, you may accept, modify or reject any recommendations contained in this review in your sole discretion. Comments 1. We note that the proposed initiative appears to con?ict with federal law classifying marijuana as a Schedule I substance under the Controlled Substances Act. 2. Various sections provide civil penalties or fines to be imposed for certain violations but do not indicate where the monies should be deposited. 3. 36-2817: In subsection D, consider changing the lead?in language to the active voice so the identity of the actor transferring monies is clear. In paragraph 1, add the Arizona board of regents as the entity to receive fund monies for the universities? Arizona teachers academy, and change the terminology to ?Arizona teachers academy? to re?ect the change of the academy's name by the amendment of this section last session (see Laws 2019, chapter 266, section 4). In paragraph 2, consider dividing the listed entities into two subdivisions: one for existing entities, and one for general public health programs that have not yet been established. We note that there is currently no ?maternal mortality morbidity review team"; consider whether this reference is intended to be "the maternal mortality review program." 4. 36-2850: Our drafting style is to alphabetize and set out each de?nition individually. As is done in title 36, chapter 28.1, consider adding to the definitions section for the chapter the term "department" to mean the department of health services; accordingly, delete "of health services" throughout the language in chapter 28.2. (Note, however, that if a different department is also mentioned in a unit of text, such as a subsection or paragraph, both department names are set out in full to distinguish them.) Consider setting out paragraphs 14 and 15 into subdivisions for clarity. In paragraphs 22 and 24, delete the reference to "Smoke-Free Arizona Act" as names of acts are not used in statute. S. 36-2851: In paragraph 6 it is unclear what "adult care" and ?licensed child care? refer to as these terms are not de?ned in statute. 6. 36?2853: In subsection D, consider changing "produces" to "cultivates? to conform with the language in section 36-2852, subsection A, paragraph 2, subdivisions and 7. 36~2854: In subsection A, paragraph 2, we note that, despite provision for renewal of marijuana establishment and marijuana testing facility licenses, there is no time frame set out for validity of these licenses (but, see section 36?2355, subsection C, which establishes a two-year license term for marijuana facility agents). 8. 36-2856: We note that ?refighters, police and other public safety personnel are also enrolled in the public safety personnel de?ned contribution retirement plan established by title 38, chapter 5, article 4.1. In addition, subsection E, paragraph 2 attempts to exempt Smart and Safe fund monies that are distributed to community college districts, cities, towns and counties from the expenditure limitations in Constitution of Arizona, article IX, sections 20 and 21, by excluding these revenues from local revenues. However, both constitutional provisions broadly de?ne local revenues and prescribe limited exceptions to the broad definition. The fund monies come within the broad definitions of local revenues and do not qualify for any of the exceptions. Therefore, subsection E, paragraph 2 is likely invalid. 9. 36 2863: Subsection attempts to exempt Justice Reinvestment Fund monies that are distributed to counties from the expenditure limitations in Constitution of Arizona, article IX, section 20, by excluding these revenues from local revenues. (Subsection also refers to Constitution of Arizona, article IX, section 21, but that section does not apply to counties.) However, article IX, section 20, broadly defines local revenues and prescribes limited exceptions to the broad de?nition. The fund monies come within the broad definition of local revenues and do not qualify for any of the exceptions. Therefore, subsection is likely invalid. 10. 36-2864: Subsection A provides that the state transaction privilege tax on retail sales and the state use tax may be applied to the sale or use of marijuana or marijuana products. Subsection provides that, other than these taxes and the new excise tax levied pursuant to section 42-5502, no other taxes may be levied on the sale of marijuana or marijuana products. These provisions would prohibit a city, town or county tax on the sale of marijuana or marijuana products. However, subsection provides that subsection does not apply to a uniform increase in tax rates by the state or a locality. Since a locality may not impose a tax on the sale of marijuana or marijuana products, the reference to a locality in subsection seems unnecessary and may cause confusion. 11. Please see the attached edited copy of the submitted text for our additional recommendations, including the following: a. Omit serial commas in conformity with our drafting style. b. Consider changing to the active voice when possible. c. Consider revising section headings as needed to better re?ect the content of the sections. d. Consider changing subdivision designations to lowercase letters and include in parentheses to conform to our drafting style. e. Except for dollar amounts and A.R.S. section, article, chapter and title designations, consider writing out all numbers. f. Our drafting style is to number the ?rst section in a new chapter as xx-xxOl. Consider renumbering section 36-2850 as 36-2851, 36?2851 as 36?2852, and so on; note that all internal references to any of these sections would need to be renumbered accordingly. Likewise, in title 42, chapter 5, the ?rst section in a new article 10 would be numbered as section 42-5451, in keeping with the current numbering format of that chapter. g. Consider alphabetizing and setting out de?nitions individually. These have been noted, but not actually marked up, in the appropriate sections. h. Consider moving the ?short title" and "?ndings and declaration of purpose" sections on page 1 to the end of the measure and renumber all sections accordingly. Editing Key: Delete; take langoa?g?e'out?ucorrect or unnecessary language a A sF . A Close up; print as oune word Something Caret; insert?ere or aff?'j insert fpace to Tra nspo?? cha nge?cWe) I: [Move text to the left 1 JMove text to the right 1 I: JCenter text[ 3 Run text together; new line CH Begin a new paragraph (paragraph endslA new capitalize the word or letter indicated 1 Set in ?wercase Show existing text Add where shown: Comma 5? Apostrophe 3, Period G) Colon? hen 9- VP at Quotation marks Parentheses (add) l?deletoy A.R.S. sections can be divided into the following division units, designated as: A. Subsection (capital letter followed by a period) 1. Paragraph (Ara bic numeral followed by a period) Subdivision (lowercase letter in parentheses) Item [lowercase Roman numeral in pa rentheses) The proper citation of an A.R.S. section that contains all of these division units is, for example, "section 15-957, subsection C, paragraph 2, subdivision item STATE OF ARIZONA [iro? OWE Application for Serial Number AUG - 9 2019 Initiative Petition AIR-S- 194? SECRETARY 0F STIITE iThe undersigned intends to circulate and file an initiative IStatutory Constitutional petition and hereby makes application for the issuance of an Measure Amendment ,ot?ctol serial number to be printed in the lower right?hand DateofA ?cation 3 Ni corner of each side of each signature sheet of such petition. pp gAttached hereto is the full title and .text, in no less than Signatures Requ'md 351? i eight point type, of the measure or constitutional amendment Deadline for Filing - 32- ??0510 I intended to be initiated at the next general election. Serial Number Issued T?t? {3&0 1oWe excise This not permits iirnIted possession, cu Ideal-ion, and cease oi mongoose ?85 de?aam the indivldneewno an aft east 21' {tears I: Id protests empioyer end prooeny bead smoking impact misses, e" on, manjuane to tend penile, safety, oommunity dolIo'ges, and community programs authorizes den and motions, for the data, sets and emotion of I is}; or eIInIited nIIoIbor oi iicensees. requires Impairment teethe slightest degree: for modi?ed .tILtls; oi transfers monies irot'n; the Medical Marijuarie Etindr: pencils exdundomentoi some medication] satioos, presciitias. densities fosairlol'atio-nse .. .e II Chad Campbell Smart and Safe? Arizona . .. .. 2303 N. 44th St, Suite 14, Box 1192 202000053 Address Committee ID No. Phoenix AZ 85008 Chad Campbell City State Zip Chairperson (928) 362-2296 Darryl Tattrie Telephone Number MW ?ml Treasurer I into smartandsafeaz.com A 2303 N. 44th at, Suite 14, Box 1192 Committee Address Phoenix AZ 85008 (923) 362- 2296 Committee Totephone Number into@smertandsafeaz.com Committee E-mall Address By submitting this Application for Serial Number and checking all boxes below. I acknowledge the following: That i have received and wiil review the accompanying Instructions for Statewide Initiatives, Inctuding the Secretary at State's recommended best practices for printing copies of the Statewide Initiative Petition to be circulated. Thet at the time of ?ling, was provided instructions regarding accurate completion of the Statewide Initiative Petition orm. i ii August 9, 2018 ApptIcejit Signature 0an Of?ce of the Secretary of State 1700 w. Washington Street hoenix, Arizon a 8500? REV- 03; 04'1? 2919 Lee: overcast. TITLE 5? AUG - 92019 0 AN INITIATIVE MEASURE ARIZONA SECRETARY OF STARE, AMENDING WECHON 36- 2817, ARIZONA REVISED ARIZONA REVISED STATUTES, BY ADDING CHAPTER 28 AMENDING TITLE 42, CHAPTE RIZONA REVISED STATUTES, BY ADDING ARTICLE 10; AMENDING TITLE 43, CHAPTER 1, ARTICLE I, ARIZONA REVISED STATUTES, BY ADDING SECTION 43-108; RELATING TO THE RESPONSIBLE ADULT USE, TAXATION OF MARIJUANA. TEXT OF PROPOSED AMENDW Be it enacted by the People of the State of Arizona: 32110.1?? hort title-9}, ?rm?This th may be cited as the ?Smart and Safe Arizona Acby~ See. (I tionof as 'f The People of the State of Arizona ?nd and declare as follows: .1 In the interest of the ef?cient use of law enforcement resources. enhancing revenue for public purpose :1 individual freedom, the rwnsible adult use of marijuana should be legal for persons twentyuone years of age or older, subject to state regula 11, taxatio npand local ordinance .3. In thenp?.t1 mterest of the health and public safety of our citizenry, the legal adult use of marijuana should be regulated so 1 f( A) Individuals must show roof of ago before purchasing marijuanaf Selling, transfernn?P prov1d1ng marijuana to minors and other individuals under the age of twenty-one remains 39" 5) Driving, ?yin boating while impaired to the slightest degree by marijuana remains illegalfgp .651 Employers retain their rights to maintain drug- and?alcohol- ?'ee places of employmenyyg fit) Legitimate, taxpaving business people, and not criminal actors, conduct sales of ma?juanaq-anaegp Marijuana sold' 111 this state is tested, ,laheledDand subject to additional regulations to ensure that consumers are informed an protected Section 5 Motion 3-5-2317, Arizona Revised Statutes, is amended to read: 1 i'Z 36-2811Medicalmmariiuana ?md_,,pri_vate donations Mot/c. 41: p. Hp whit?- A. The medical marijuana fund is established consisting of fees collected, civil penalties imposed and private donations received under this chapter. The department shall administer the fund. Monies' 1n the fund are continuously appropriated. '59 B. The director of the department may accept and spend private grants, gifts, donations, contributions and devises to assist in carrying out the provisions of this chapter. C. Monies 1n the medical marijuana fund do not revert to the state general fund at - 1 .. - REVENTIO DDRESSING ADVERSE CHILDHOOD EXPERIENCE HE ARIZONA POISON CONTROL SYSTEM (53 ESTABLISHED PURSUANT TO SECTION 36 1 161, THE ARIZONA maxim PLAN, THE CHILD at? ESTABLISHED PURSUANT TO SECTION 36- 3501, IIRONIC PAIN SELF WW THE OFFICE OF HIGHWAY SAFETY TO 7 OR THE FOLLOWING PURPOSES: (A). REDUCING IMPAIRED DRIVING, INCLUDING CONDUCTING TRAINING PROGRAMS AND PURCHASING EQIHPMENT FOR DETECTING TESTING AND ENFORCWG LAWS AGAINST DRIVING, FLYIN BOATING WHILE IMPAIRED. EQUIPMENT, TRAINING AND PERSONNEL COSTS FOR DEDICATED TRAFFIC ENFORCEMENT. 1414. 3 447;. diverse-Jar 915 dgpaard?mmn-F mort?ij-Y Paga 1 Of? shat! #nnsa?r- +111: ?Dani-1'15 Jams 3 (ram) +54. madtraj MRFIJWE. ?34000st THE DEPARTMENT- -- a CHAPTER 23.: OF THIS TITLE. 5. MONITOR - up .- -. . -. 1" TOTHE SMARTANDSAPE ARIZONA UND - 856. ts?in??s 44' 6. $1,000,000 -I--.- REL-OTHE DEPARTMENT .: .- u- .- - ..: TO To QUALIFIED NONPROFIT ORGANIZATIONS FOR EDUCATION AND (30ng OUTREACH RELATED ?m CHAPTER 23.2 OF THIS TITLETHIS 36, [31120113 Statutes, IS amended by addmg ChaptEr 28.2, tO read. J. CHAPTER 23.2 AUG - 9 2019 1 RESPONSIBLE ADULT USE OF MARIJUANA ARIZONA SECRETARY OF STATE 36-2850. pwg?gjtions IN THIS CHAPTER, UNLESS THE CONTEXT REQUIRES OTHERWISE: I. MEANS ANY PUBLIC COMMUNICATION IN ANY IITEDIUM THAT OFFERS OR SOLICITS A COMMERCIAL TRANSACTION INVOLVING THE SALE OR PURCHASE OF MARIJUANA OR MARIJUANA PRODUCTS. 2. MEANS DESIGNED OR CONSTRUCTED TO BE SIGNIFICANT LY DIFFICULT FOR HILDREN UNDER FIVE YEARS OP AGE TO 0' I. AND NOT DIPPICULT POR NORMAL ADULTS TO USE PROPERLY. 3i: 3 I. . - MEAN THE ACT OF INGESTING, INHALING OR ?a THERWISE INTRODUCIN . .. HUMAN BODY. 4. MEANS AN INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND WHO (DI PURCHASES MARIJUANA OR MARIJUANA PRODUCTS. 5. AND MEAN TO PROPAGATE, ERRED, GROW, PREPARE AND PACKAGE MARIJUANA 5 I5. TRANSPORTATION, TRANSFER OR PROVISION OF MARIJUANA OR MARIJUANA PRODUCTS TO A CONSUMER AT A LOCATION OTHER THAN THE DESIGNATED RETAI LOCATION OF A MARIJUANA ESTABLISHMENT. T. THIRD-PARTY MEDICAL MARIJUANA MEDICAL MARIJUANA DISPENSARY PATIE AND FELONY HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2801. s. MEANS AN ENTITY THAT HOLDS BOTH A NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION AND A MARIJUANA ESTABLISIRIENT LICENSE. I. 1% 9. MEANS WW :5 AN ENTITY SEEIUNG TO OPERATE A MARIJUANA ESTABLISHMENT IN A COUNTY WITH PEWER THAN TWO REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARIES. A NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT IS REGISTERED AND IN GOOD STANDING WITH THE DEPARTMENT mil-1W IS. MEANS THAT A NONPROFIT MEDICAL MARIJUANA DISPENSARY IS NOT THE SUBJECT OP A PENDING NOTICE OF INTENT TO REVOKE ISSUED BY THE DEPARTMENT 1 1. HAS THE SAME MEANING PRESCRIEED IN SECTION 3?311. 12. MEANS A CITY, TOWN OR COUNTY. - 13. AND MEAN TO COMPOUND, BLEND, EXTRACT, INPUSE OR 49' OTHERWISE MARE OR PREPARE A MARIJUANA PRODUCT. 14. ALL PARTS OR THE PLANT OP THE GENUS CANNABIS, WHETHER GROWING OR NOT, AS WELL AS THE SEEDS PROM THE PLANT, THE RESIN EXTRACT- PROM ANY PART OF THE PLANT, AND COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OR THE PLANT OR 41 [b ITS SEEDS OR RESIN. NCLUDRS CANNABIS AS DEFINED IN SECTION 13-3401. NOT INCLUDE I USTRIAL HEMP, THE FIBER PRODUCED FROM THE STALKS OP THE PLANT OF THE GENUS CANNABIS, OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT, SEEDS OF THE PLANT THAT ARE INCAPABLE OF GERMINATION, OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH WWANA TO A OR ORAL ADMINISTRATIONS, FOOD, DRINK OR OTHER PRODUCTS. 15. EEANS RESIN EXTRACTED FROM ANY PART OF A NT OF THE GENUS CANNABIS AND EVERY COMPOUND, ACTORS, SALT, DERIVAT VE, MIXTURE OR EPARATION OR THAT RESIN OR TETRAEYDROCANNABINOL. NOT INCLUDE INDUSTRIAL Payar-EhanL "meme 449:: dapanin-g m+oF M7141 g?r?lgd'?g gr Hg ?06 . I Aa+ SLAP And atphAbasz HEMP OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH CANNABIS TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK OR OTHER PRODUCTS. 16 MEANS AN ENTITY LICENSED BY THE DEPARTMENT Sm OPERATE ALL OF THE FOLLOWING: . A SINGLE RETAIL LOCATION AT WHICH THELICENSEB MAY SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS, CULTIVATE MARIJUANA AND MANUFACTURE MARIJUANA PRODUCTS. A SINGLE CULTIVATION LOCATION AT WHICH THE LICENSEE MAY CULTIVATE MARIJUANA, PROCESS MARIJUANA AND MANUFACTURE MARIJUANA PRODUCTS, BUT FROM WHICH MARIJUANA AND MARIJUANA PRODUCTS MAY NOT BE TRANSFERRED OR SOLD TO CONSUMERS. A SINGLE OFF-SITE LOCATION AT WHICH THE LICENSEE MAY MANUFACTURE MARIJUANA PRODUCTS, AND PACKAGE AND STORE MARIJUANA AND MARIJUANA PRODUCTS, BUT FROM WHICH MARIJUANA AND MARIJUANA PRODUCTS MAY NOT BE TRANSFERRED OR SOLD TO CONSUMERS. l7. FACILITY MEANS A PRINCIPAL OFFICER, BOARD MEMBER OR EMPLOYEE OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY WHO IS AT LEAST YEARS OF AGE AND HAS NOT BEEN CONVICTED OF AN EXCLUDED FELONY OFFENSE. 18. MEANS MARIJUANA CONCENTRATE AND PRODUCTS THAT ARE COMPOSED OF MARIJUANA AND OTHER INGREDIENTS AND THAT ARE INTENDED FOR USE OR CONSUMPTION, INCLUDING EDIBLE PRODUCTS, OINTMENTS AND TINCTURES. any: 19. TESTING MEANS THE DEPARTMENT WROTE-METER ENTITY THAT IS LICENSED BY THE DEPARTMENT ANALYEE THE POTENCY OF MARIJUANA AND TEST MARIJUANA FOR HARMFUL CONTAMINANTS. 20. MEANS A PUBLIC PARK, PUBLIC SIDEWALR, PUBLIC WAIRWAY OR PUBLIC PEDESTRIAN THOROUGHFARE. 21. AND MEAN TO HARVEST, DRY, CURE, TRIM OR SEPARATE PARTS OF THE MARIJUANA PLANT. 22. HAS THE SAME MEANING PRESCRIBED IN SECTION 364501.01. 23. MEANS TO INILALE, EXHALE, OR POSS ESS ANY LIGHTED MARIJUANA OR MARIJUANA PRODUCTS, WHETHER NATURAL OR 24. CARE AND OF EMPLOYMENT HAVE 716- THE SAME MEANINGS PRESCRIBED - dkabfh' A 2- - -i - THIS - d? gar-Pg: .szyir? I. THE RIG OF EMPLOYERS TO MAINTAIN A WORKPLACE OR AFFECT THE ABILITY OF EMPLOYERS TO HAVE WORKPLACE POLICIES RESTRICTING THE USE OF MARIJUANA BY EMPLOYEES OR PROSPECTIVE EMPLOYEES. a} {pm 2. MQUIRE AN EMPLOYER TO ACCOMMODATE THE USE, CONSUMPTION, POSSESSION, TRANSFER, DISPLAY, TRANSPORTATION, SALE OR CULTIVATION OF MARIJUANA IN A PLACE OF EMPLOYMENT. ?gs 3. DRIVING, FLYING OR BOATING WHILE IMPAJRED TO EVEN THE SLIGHTEST DEGREE BY MARIJUANA OR PREVENT TATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING, FLYING OR BOATING WHILE MAIRED TO EVEN THE SLIGHTEST DEGREE BY MARIJUANA. 4. ALLOW AN INDIVIDUAL WHO IS UNDER TWENTYONE YEARS OF AGE TO PURCHASE, POSSESS, TRANSPORT OR NSUME MARIJUANA OR MARIJUANA PRODUCTS. 5 me THE SALE, TRANS PER OR PROVISION OF MARIJUANA OR MARIJUANA a PRODUCTS TO AN INDIVIDUAL WHO IS UNDER YEAR OF AGE. W11, 6. TS OF LICENSED CHILD CARE, CARE, HEAL DE CORRECTION TO PROHIBIT OR REGULATE CONDUCT ALLOWED BY THIS WHEN SUCH COND OCCURS ON OR IN THEIR PROPERTIES. 7. TI-IE OF AN INDIVIDUAL, PARTNERSHIP, LIMITED LIABILITY COWANY, OR PRIVATE CORPORATION, PMVATE ENTITY OR PRIVATE ORGANIZATION OF ANY CHARACTER THAT OCCUPIES, OWNS OR CONTROLS PROPERTY TO PROHIBIT OR REGULATE CONDUCT OTHERWISE ALLOWED BY THIS HAPTER ON OR IN SUCH OPERTY. . ANY PERSON T0: SMOKE MARIJUANA IN A PUELIC PLACE OR OPEN SPACE. Page 3 Of 16 . ARISE Ow?? and (3 CONSUME MARIJUANA GR MARIWANA PRODUCTS WHILE DRIVING, OPERATE 9/13. RIDING IN THE PASSENGER SEAT OR COWARTMENT OF AN OPERATING MOTOR VEHICLE, BOAT, VESSE CRAFT 0R VEHICLE USED FO TRANSPORTATION. +1115 Sr Id.- 9. DO PROHIBIT TATE OR A POLITICAL SUBDIVISION OPE-HE STATE FROM PROHIBITING OR RBGULATING CONDU OTHERWISE ALLOWED BY THIS CHAPTER WHEN SUCH CONDUCT OCCURS ON OR IN PROPERTY TH IS OCCUPIED, OWNED, CONTROLLED OR OPERATED BY TATE OR A POLITICAL SUBDIVISIO ETTATE. 10. AUTHORIZE A PERSON TO PROCESS OR MANUFACTURE MARUUANA BY MEANS OF ANY LIQUID OR GAS, OTHER THAN ALCOHOL, THAT HAS A FLASHPOINT BELOW HSDEGRBES FAHRENHEIT, UNLESS PERFORMED BY A MARIJUANA ESTABLISHMENT. i 9ch ?4 II. MQUIRE A PERSON TO VIOLATE FEDERAL LAW OR TO MLEMENT WTRICTION ON THE POSSESSION, CONSUMPTION, DISPLAY, TRANSFER, PROCES (:1.ng MANUFAC OR CULTIVATION OP MARIJUANA IF BY SO DOING THE PERSON WILL LOSE A LICENSING-RELATED BENEF UNDER FEDERAL LAW. 12. SUPERSEDE OR ELIM ATE ANY EXISTING RIGHTS OR PRIVILEGES OF ANY PERSON EXCEPT AS SPECIFICALLY SET FORTH in 441753 mg? g? ro- 13. LIMIT ANY OR RIGHT OF A PATIENT, DESIGNATED CAREGWER UR. NONPROFIT MEDICAL MARIJUANA DISPWSARY UNDER CHAPTER 28.1 OF THIS TITLE. [dt?md IL .f-g my.) 36-28511 OSSOSSIOII and gg?ggal use Of mari?uana. mari'uana roduot and .marmgua?a phemalia A. XCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED IN AND 3&2853 AND ANY OTHER LAW, THE FOLLOWING ACTS BY AN INDIVIDUAL WHO IS AT LEAST TWE YEAR AGE ARE LAWFUL, ARE NOT AN OFFENSE UNDER THE LAWS OF THIS STATE OR ANY LOCAIITY CONSTITUTE THE BASIS FOR DETENTION, SEARCH OR VB AS THE KIND UNDER SOLE BASIS FOR SEIZURE OR FORFEITURE OF FOR - NALTIES OF THE LAWS OF THIS STATE OR ANY LOCALITYEOR FOR ABROGATING OR LIMITING RIGHT OR PRIVILEGB CONFERRBD OR PROTECTED BY THE LAWS OF THIS STATE OR ANY LOCALITY: Impofjh 6 1. POSSESSINO, CONSUMDIG, PURCHASING. PROCESSING, MANUFACTURING OR MECHANICAL MEANS, INCLUDING SIEVTNG OR ICE WATER SEPARATION BUT EXCLUDING CHEMICAL EXTRACTION OR CHEMICAL OR TRANSPORTING ONE OUNCE OR LESS OF MARIJUANA, EXCEPT THAT NOT MORE THAN FIVE GRAMS OF MARIJUANA MAY BE IN TH ORM OF MARIJUANA CONCENTRATE. 2. POSSESSING, TRANSPORTING, CULTIVATIN OR PROCESSING NOT MORE THAN SIX MARIJUANA PLANTS FOR PERSONAL USE AT THE PRIMARY RESIDENCE, AND POSSESSING, PROCESSING AND MANUFACTURING BY MANUAL OR MECHANICAL MEANS, INCLUDING SIEVING OR ICE WATER SEPARATION BUT EXCLUDING CHEMICAL EXTRACTION OR CHEMICAL THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES VOTERS THE MARIJUANA PLANTS WERE GROWN IF ALL OF THE FOLLOWING APPLY: NOT MORE THAN TWELVE PLANTS ARE PRODUCED AT A SINGLE RESIDENCE WHERE TWO OR MORE INDIVIDUALS WHO ARE AT LEAST TWENTY-ONE YEARS OF AGE RESIDE AT ONE TIME. CULTIVATION TAKES PLACE WITHIN A CLOSET, ROOM, GREENHOUSE OR OTHER ENCLOSED AREA ON THE GROUNDS OF THE RESIDE CE EQUIPPED WITH A LOCK OR OTHER SECURITY DEVICE THAT PREVENTS ACCESS BY MINORS. CULTIVATION AKES PLACE IN AN AREA WHERE THE MARIJUANA PLANTS ARE NOT VISIBLE FROM PUBLIC VIEW WITHOUT INOCULARS, AIRCRAFT OR OTHER OPTICAL AIDS. 3. TRANSFERRING ONE OUNCE OR LESS OP MARIJUANA, OF WHICH NOT MORE THAN FIVE GRAMS MAY BE IN THE FORM OF MARIJUANA CONCENTRATE, TO AN INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IF THE TRANSFER IS WITHOUT REMUNERATION AND IS NOT ADVERTISEO OR FROMOTED TO THE PUBLIC. 4. TRANSFERRING UP TO SIX MARIJUANA PLANTS TO AN INDIVIDUAL WHO IS AT LEAST TWENTY- ONE YEARS OF AGE IF THE TRANSFER IS WITHOUT AND IS NOT ADVERTISBD OR PROMOTBD TO THE PUBLIC. s. ACQUIRING, POSSESSING, MANUFACTURING, USING, PURCHASING, SELLING OR TRANSPORTING PARAPHERNALIA RELATING TO THE CULTIVATION, MANUFACTURE, PROCESSING OR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS. -6. ASSISTING ANOTHER INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IN ANY OF THE ACTS DESCRIBED IN THIS SECTION. Page40f16 AUG-92019 FD nr?nhr?vanu hl" Mun-Ir- E. NOTWITI-ISTANDING ANY OTHER LAW, A PERSON WITH OR COMPONENTS OF MARIJUANA IN THE BODY IS GUILTY OF SECTION 23-138 1, SUBSECTION A, PARAGRAPH 3 ONLY IF THE PERSON IS ALSO IMPAIRED TO THE SLIGHTEST DEGREE. C. NOTWITHSTANDWG ANY OTHER LAW, THE ODOR OF MARIJUANA BURNT MARIJUANA DOES NOT CONSTITUTE REASONABLE ARTICULABLE SUSPICION OF A CRIME. THIS SUBSECTION DOES NOT APPLY WHEN A LAW ENFORCEMENT OFFICER IS WHETHER A PERSON HAS WOLATED SECTION 28-4381. 36-2853. Violations: classi?cation?; 5? 3 P?n?d NJ: grog; all A. NOTWITHSTANDING ANY OTHER EXCEPT AS OTHERWISE PROVIDED IN THI HAPTER, A PERSON WHO POSSESSES AN AMOUNT OF WE AMOLNT URSUANT TO SECTION 36-2852, BUT NOT MORE THAN TWO ONE-HAL OUNCES OF MARIJUAN WHICH NOT MORE THAN TWELVE AND ONE-HALF GRAM IN THE FO MARIIUANA COFC RATE, IS GUILTY OF A PETTY OFFENSE. rag?f 5 E. NOTWITHSTANDING ANY OTHER LA A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO POSSESSES, CONSUMES, TRANSPORT TRANSFERS WITHOUT REMUNERATION ONE OUNCE OR LESS OF MARIJUANA, OF WHICH NOT MORE FIVE GRAMS IS IN THE FORM OF MARIJUANA CONCENTRATE, OR PARAPHERNAIIA RELATING TO THE CONSUMPTION OF MARIJUANA OR MARIJUANA PRODU 1. FOR A FIRST VIOLATION, SHALL PAY A CIVIL PENALTY OF NOT MORE THAN Slng? SHALL BE ORDERED TO ATTEND UP TO FOUR HOURS OF DRUG EDUCATION OR 2. FOR A SECOND WOLATION, IS GUILTY OF A PETTY OFFENS SHALL BE ORDERED TO ATTEND UP TO EIGHT HOURS OF DRUG EDUCATION OR COUNSELING. 3. FOR A THIRD OR SUBSEQUENT VIOLATION, IS GUILTY OF A CLASS 1 MISDEMEANOR. C. A PERSON WHO SMOKES MARIJUAN IN A PUBLIC PLACE OR OPEN SPACE IS GUILTY OF A PETTY OFFENSE. Cur-Hy :3 D. EXCEPT AS OTHERWISE PROVIDED CHAP 23.1 OF THIS TITLE AND NOTWITHSTANDING ANY OTHER LAW, ANY UNIJCENSBD PERSON WHO ARIJUANA PLANTS PURSUANT TO SECTION 36-2852 WHERE THEY ARE VISIBLE FROM PUBLIC VI WITHOUT INOCULARS, AIRCRAFT OR OTHER OPTICAL AIDS OR OUTSIDE OF AN ENCLOSED AREA THAT IS EQUIPPED A LOCK OR OTHER SECURITY DEVICE THAT PREVENTS ACCESS BY MINORS IS GUILTY OF: ?9,73 1. FOR A FIRST VIOLATION, A PEITY OFFENSE. 2. FOR A SECOND OR SUBSEOUENT VIOLATION, A CLASS 3 E. A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO MISREPRESENTS THE AGE TO ANY OTHER PERSON BY MEANS OF A WRITTEN INSTRUMENT OF IDENTIFICATION OR WHO USES A OR FALSE WRITTEN INSTRUMENT OF IDENTIFICATION WITH THE INTENT TO INDUCE A PERSON TO SELL OR OTHERWISE TRANSFER MARIJUANA OR A MARIJUANA GUILTY OF: 1. FOR A FIRST VIOLATION, A PETTY OFFENSE. 1P Pagan who ung?'r 2. FOR A SECOND OR SUESEOUENT VIOLATION, A CLASS 1 MISDEMEANOR. Jag?f! qf 49;: F. A PERSON WHO IS UNDER YEARS OF AGE AND WHO SOLICIT ANOTHER PERSON TO PURCHASE MARIJUANA OR A MARIJUANA PRODUCT 1N VIOLATION OF THIS CHAPTER IS GUILTY OF: 1. FOR A FIRST VIOLATION, A PETTY OFFENSE. 2. FOR A SECOND OR SUBSEOUENT VIOLATION, A CLASS 3 MISDEMEANOR. G. IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW, EXCEPT THOSE PROVDLIED IN THIS SECTION, AN ENTITY THAT ADVERTISES OR THE SALE OR DELIVERY OF WRIANA OR MARIJUANA PRODUCTS, OR MARIJUANA OR DJARIJUANA PRODUCTS, IN A MANNER THAT IS NOT AUTHORIZED BY THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER SHALL FAY AN FINE OF NOT LESS THAN $20,000 PER VIOLATION. THIS SUBSECTION MAY BE ENFORCED BY THE ATTORNEY GENERAL. 2? ?5 Ih'?msfn? Mr}! 4:391er 74:45; ddivcr-V my}! pang/4y 2.:an (ma?a! 362354. A. THE DEPARTMENT WSHALL ADOPT RULES TO EVEPLEMENT AND ENFORCE THIS CHAPTER AND REGULATE MARIJUANA, MARIJUANA PRODUCTS, MARIJUANA ESTABLISIMENT AND MARIJUANA TESTING FACILIT . THOSE RULES SHALL INCLUDE REQUIREMENTS FOR: - 1. LICENSING ARIIUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES, INCLUDING . CONDUCTING MESTIGATION AND BACKGROUND CHECKS TO ELIGIBILITY FOR LICENSING wk?? 9W MARIJUANA TEST WORM THAT.- 56? AN APPLICATION ANA ESTABLISHMENT LICENSE OR MARIJUANA TESTING FACILITY LICENSE MAY NOT REQUIRE THE DISCLOSURE OF THE IDENTITY OF ANY PERSON WHO IS ENTITLED TO A SHARE OF LESS THAN TEN PERCENT OF THE PROFITS OF AN APPLICANT IS A PUBLICLY TRADED CORPORATION. U: IE. PagCSOfl? Ill AUG - 92019 I ?nk TMENT MAY NOT ISSUE MORE TI NE MARIJUAN LICENSE FOR EVERY TEN HAT HAVE REGISTERED UNDE ECTION 32-1929 AVE OBTAINED A PHARMACY PERMIT FROM THE ARIZO OARD OF PHARMACY AND PERATE WITHIN HE TE. NOTWITHST MO I SUBDIVISIO PARAGRAPH, THE DEPARTMENT MAY ISSUE A MARIJUANA ESTABLISHMENT LICENSE TO TWO MARIJUANA ESTABLISHMENTS PER COUNTY THAT CONTAINS NO REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARIES, OR ONE MARIJUANA ESTABLISHMENT LICENSE PER COUNTY THAT CONTAINS ONE REGISTERED NONPROFIT ICAL MARIJUANA DISPENSARY. ANY LICENSE ISSUED PURSU TO ME SUBDIVISION SHALL BE FOR A FDIED COUNTY AND BE OUTSIDE OF THAT COUNTY. Weighing 1 It! THE EPARTMENT SHALL ACCEPT APPLICATIONS FOR MARIJUANA BSTABLIS ENT LICENSES 9291/ FROM EARLY APPII ANT ARY 19, 202 MRCH 9, NET. LATER THAN AYS AFTER RECEIVING AN APPLICATION PURSUANT TO THIS DIVISION, THE DEPARTMENT SHALL IS SUE A MARIJUANA ESTABLISHMENT LICENSE TO EACH QUALIFIED EARLY Aw. IF THE DEPARTMENT HAS NOT ADOPTED FINAL RULES PURSUANT TO THIS SECTION. AT THE TIME MARIJUANA ESTABLISHMENT LICENS ES ARE ISSUED PURSUANT TO THIS SUBDIVISION, LICENSEES SHALL COMPLY WITH THE RULES ADOPTED BY THE DEPARTMENT TO IMPLEMENT CHAPTER 23.1 OF THIS TITLE, EXCEPT THOSE THAT ARE WITH THIS CHAPTER. gar AFTER ISSUING MARIJUANA ESTABLISHMENT LICENSES TO QUALIFIED EARLY APPLICANTS, THE DEPARTMENT SHALL ISSUE MARIJUANA ST LISHMENT LICENSES BY RANDOM ACCORD TO RULES ADOPTED MSUANT TO THIS SECTION. AT LEAST SIXTY DA Su?} RANDOM SELECTION, THE DEPARTMENT SHALL PROMINENTLY PUBLICIZE THE RANDOM SELECTION ON . bag ,1 WEBSITE AND THROUGH OTHER MB OP GENERAL IS RIBUTION INTENDED TO REACH AS MANY INTERESTED PARTIES AS POSSIBL SHALL ROYIDE NOTICE THROUGH NOTIFICATION SYSTEM TO WHICH INTERESTED PARTIES CAN SUBSCRIBE. 2. LICENSING FEES AND RENEWAL FEES FOR MARIJUANA AND MARIJUANA TESTING FACILITIES IN AMOUNTS THAT ARE REASONABLE AND RELATED TO THE A COST OF PROCESSING APPLICATIONS FOR LICENSES AND THATIN-A DO NOT EXCEED FIVE 49 TIMES THE FEES PRESCRIBED BY THE DEPARTMENT OR 9?16?! EDICAL MARIJUANA DISPENSARY. Wig 1 93' 3. THE SECURITY OF MARIJU NA ESTABLISHMENTS AND MARIJUAN STING FACILITIES. . WOOESSW MARIJUAEA AND MARIJUANA PRODUCTS ?9 mannr 5. PIE-TRACKING, TESTING, LABELING AND AND MARIJUANA PRODUCTS, INCLUDING REQUIREMENTS THAT MARIJUANA AND MARIJUANA PRODUCTS BE: LAT SOLD TO CONSUMERS IN CLEARLY AND CONSPICUOUSLY LABELED CONTAINERS THAT CONTAIN ACCURATE WARNINGS REGARDING THE USE OF MARIJUAN MARIJUANA PRODUCTS. my: PLACED IN RESISTANT PACKAGING ON EXIT FROM A MARIJUANA ESTABLIS 6. FORMS OF IDENTIFICATION THAT A MARIJUANA ESTABLIS NT AS PROOW A CONSUMERS PROCEDURES RELATED TO WA AGEEDCONSISTENT SECTION 4-241. UNTIL THE DEP WOPT FINAL RULES RELAT TO A CONSUMERS ESTABLISH HALL 4-241. I. THE POTENCY OF EDIBLE MARIJUANA PRODUCTS THAT MAY BE SOLD TO CONSUMERS BY MARIJUANA ESTABLISHMENIS, EXCEPT THAT THE RULES: MAY NOT LIMIT THE STRENGTH OF AN EDIELE MARIJUANA PRODUCT TO LESS THAN TEN MILLIGRAMS OF TETRAHYDROCANNABINOL PER SERVING OR ONE HUNDRED MILLIGRAMS OP TETRAHYDROCANNAEINOL PER PACKAGE. SHALL REQUIRE THAT IF A MARIJUANA PRODUCT CONTAINS MORE THAN ONE SERVING, IT MUST BE DELINEATED OR SCORED INTO STANDARD SERVING SIZES AND HOMOGENIZED TO ENSURE UNIFORM DISBURS NT THROUGHOUT THE MARIJUANA PRODU . r/Dfm? WW HEALTH, SAFETY AND TRAINING OF EMPLOYEES OF MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING CILITIES. answ- m9 B. THE DEPARTMENT WW. MAY: - =7 I [?ll CH . SUBJECT TO TITLE 4 I CHAPTER 6, ARTICLE DENY ANY APPLICATION SUBMIT DENY, SUSPEND OR REVOKE, IN WHOLE OR IN PART, REGISTRATION OR LICENSE ISSUED UNDER THI AFTER IF THE REGISTERED OR LICENSED PARTY OR I FFICER, AGENT OR EMPLOYEE OF THE REGISTERED OR LICENSED TY DOES ANY OF THE FOLLOWI 45"- VIOLATES THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO . Page 6 Of 16 WCJZIW Prep? 9f Mail?2 rtqurgman-K Pr?gf?ed lb EEUZE 9W HAS BEEN, IS OR MAY CONTINUE TO BE IN SUBSTANT IAL VIOLATION OF THE REQUIREMENTS FOR LICENSING OR REGISTRATIOWAS A RESULT, THE HEALTH OR SAFETY OF THE GENERAL PUBLIC IS IN IMMEDIATE DANGER. 2. SUBJECT TO TITLE 41 CHAPTER 5, ARTICLE 10 AND UNLESS ANOTHER PENALTY IS PROVIDED ELSEWHERE IN THIS CHAPTER, ASSESS A CIVIL PENALTY AGAINST A PERSON THAT VIOLATES THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO THIS CHAPTER IN AN AMOUNT NOT TO EXCEED $1 000 FOR EACH VIOLATION. EACH DAY A VIOLATION OCCURS CONSTITUTES A SEPARATE VIOLATION. THE MAXIMUM COST OF ANY ASSESSMENT IS 325, SOS FOR ANY PERIOD. IN DETERMINING THE AMOUNT OF A CIVIL PENALTY ASSESSED AGAINST A PERSON THE DEPARTMENT SHALL CONSIDER ALL OF THE FACTORS SET 9,5 FOR IN SECTION 36 2S 6 SUBSECTION ALL CIV PENALTIES COLLECTED EYTIIE DEPARTMENT PURSUANT of {r ML EE DEPOSITED SMART AND SAFE ARIZONA FUND ESTABLISHED ?37 SECTION 35 3. AT ANY TIME DURING REGULAR HOURS OF OPERATION VISIT AND INSPECT A MARIJUANA ESTABLISHMENT, MARIIUANA TESTING FACILIT DUAL LICENSEE TO DETERMINE IF IT COMPLIES WITH THIS CHAPTER AND RULES ADOPTED PURSUANT THIS CHAPTER. THE DEPARTMENT SHALL MARE AT LEAST ONE UNANNOUNCED VISIT ANNUALLY TO EACH LICENSED PURSUANT TO TIES CHAPTER ?Ma? 4. ADOPT ANY OTHER RULES NOT EXPRESSLY STATED IN THIS SECTION THAT ARE NECESSARY TO ENSURE THE SAFE AND RESPONSIBLE CULTIVATION, SALE, PROCESSING, MANUFACTURE, TESTING AND TRANSPORT OP MARIJUANA AND MARIJUANA PRODUCTS. an J35 UNTIL THE DEPARTMENTWDOPTS RULES Wm REGULATING DELIVER DELIVERY IS UNLAWFUL UNDER THIS CHAPTER. D. ON OR AFTER JANUARY 1, 2023 THE DEPARTMENT ADOPT RULES TO 4;;pr REGULATE DEL ULES SHALL Th;- 1. REQUIRE THAT DELI TEE MARIJUANA AND MARIIUANA PRODUCTS TO BE DELIVERED ORIGINATE FROM A DESIGNATED RETAIL LOCATION OF A MARIWANA ESTABLISHMENT AND ONLY AFTER AN ORDER MADE WITH TEE MARIJUANA ESTABLISIDIIENF BY A CONSUMER. PROEIB ELIVERY TO ANY PROPERTY OWNED OR LEASED BY THE UNITED STATES, STATE, A PC AL SUEDIVIS THE ARIZONA BOARD OF REGENTS. - 3. ER OF CONSUMERS TO WHOM DELIVERIES MAY BE MADE IN A SINGLE TRIP FRO THE DESIGNAT RETAIL LOCATION OF A MARIJUANA ESTABLISHMENT. 4. PROHIBIT EXTRA OR WALLOCATED MARIJUANA OR MARIJUANA PRODUCTS IN DELIVERY VEHICLES. II 1:45ng :5 5. THAT DELDPERTJBE MADE ONLY BY MARIJUANA FACILITY AGENTS IN UNMARRED VEHICLES THAT ARE EQUIPPED WITH A GLOBAL POSITIONING SYSTEM OR SIMILAR LOCATION TRACKING SYSTEM AND VIDEO SURVEILLANCE AND RECORDING THAT CONTAIN A LOCKED COMPARTMENT IN WHICH MARIJUANA AND MARIJUANA PRODUCTS MUST BE STORED. I5. REQUIREMLWERY LOGS NECESSARY TO ENSURE COMPLIANCE WITH THIS SUBSECTION provis ans 1mg IRA ?1 ANY OTHER Pub-Eg CESSARY TO ENSURE SAFE AND RESTRICTED DELIVERY. E. ALL RULES A OPTD DBY THE W8 SECTION SHALL BE CONSISTENT WITH THE PURPOSE OF THIS CHAPTER. F. NORULEADUPTEBERLHEDEP-I - -- TH. .15.: a: W- PROHIE HE OPE ATION OFP MARIJUANA ESTABLISIIMENTS BIT BR EXPRESSLY OR THROUGH REQUIREMENTS THAT MAKE THE OPERATION OF A MARIJUANA ESTABLISHMENT UNDULY BURDENSOME 2. PROHIB THE ABILITY OF A DUAL LICENSEE TO OPERATE A MARIJUANA ESTABLISHMENT AND A NONPROFIT MEDICAL MARUUANA DISPENSARY AT SHARED LOCA ON G. NOTWITHSTANDING SECTION 41?192, TILE EMPLOY LEGAL COUNSEL AND MAKE AN EXPENDITURE OR INCUR AN INDEBTEDNESS FOR LEGAL SERVICES FOR THE PURPOSES OF: 1. DEFENDING THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER. 2. DEFENDING CHAPTER 23.1 OF THIS TITLE OR RULES ADOPTED PURSUANT TO CHAPTER 28.] OF THIS LE. ALL LICENSE FEES, APPLICATION FEES AND RENEWAL FEES TO THE PURSUANT TO THIS SMART AND SAFE ARIZONA FUND CARRIED I, - I I Sim!) FIEHOHE I .11 AUG- 92019 I. $31 REQUEST, THE DEPARTMENT OF HEALTH SERVICES SHALL SHARE WITH THE DEPARTMENT OF REVENUE INFORMATION REGARDING A MARIJUANA ESTABLISHMENT, MARIJUANA TESTING FACILITY OR DUAL LICENSEE, INCLUDING ITS NAME, PHYSICAL ADDRESS, CULTIVATION SITE AND TRANSACTION PRIVILEGE TAX LICENSE NUMBER. J. NOTWITHSTANDDIG ANY OTHER LA mini angn?d? I. 3, ANINDEPENDENTTHIRD-FARTYL - . - W0 ALSO OPERATE AS A MARIJUANA TESTING FACILITY. 2. WMPERATE A MARIJUANA TESTING FACILITY. K. NOTWIIHSTANDING ANY OTHER LAW, THE ISSUANCE OF AN OCCUPATIONAL, PROFESSIONAL OR DIE REGULATORY LICENSE OR CERTIFICATION TO A PERSON BY A JURISDICTION OR REGULATORY dp?mmr ENTITLE ERSON TO A MARIJUANA ESTABLISHMENT LICENSE, A MARIJUANA TESTING FACILITY ANY OTHERLIC OR CERTIFICATION UNDER THIS CHAPTER. 364855. Mariiumla rat?EL; ?Jr?'5 A. A MARIJUANA FACILITY AGENT SHALL BE REGISTERED WITH-THE WORKING AT A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY. I B. A PERSON WHO WISHES TO BE REGISTERED AS A MARIJUANA FACILITY AGENT OR RENEW Pagan 5 REGISTRATION AS A MARIJUANA FACILITY AGENT SHALL: - I . SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIEED BY THE DEPARTMENT AND PAY A NONREFUNDABLB FEE THAT IS REASONABLE AND RELATED TO HE ACTUAL COS OF PROCESSING APPLICATIONS SUBMITTED PURSUANT TO THIS SECTION 5 a 4,0 ?Edi-n+5 2. SUBMIT EVIDENCE THAT THE AF CANT OLDS A CURRE VEL I GERPRINT CLEARANCE CARD ISSUED PURSUANT TO SECTION 41-175SD7 OR FULL SET OF FOR TIIE PURPOSE OF OBTAINING A STATE AND FEDERAL CRIMINAL CHECK SUANT TO SECTION 41-1750 AND PUBLIC LAW 92-544. THE DEPARTMENT OF PUBLIC SAFETY MAY EXCHANGE THIS FJNGERPRINT DATA WITH THE \0 4 OF INVESTIG ON WITHOUT THATTHE RECORDS CHECK IS RELATED TO THIS ,3 CHAPTER AND ACTS PM BY THE DEPARTMENT OF PUBLIC SAFETY HALL ESTROY EACH SET OF FINGERPRINTS AFT THE CRIMINAL RDS CHECK IS COMPLETED. 5 i C. IF THE DEPARTMENT DEIERMINES THAT AN APPLICANT MEETS THE TERIA FOR REGISTRATION UNDER THIS CHAPTER AND RULES ADOPTED Mum TO THIS CHAPTER, THE DEPARTMENT SHALL ISSUE THE APPLICANT A MARIJUANA FACILITY AGENT CARD THAT IS VALID FOR TWO YEARS. D. A RBGISI ERED MARIJUANA FACILITY AGENT MAY BE EMPLOYED BY OR ASSOCIATED WITH ANY MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING 44' A MARIJUANA ESTABLISHMENT OR MARIJUANA STING FACILITY SHALL NOTIFY THE DEPARTMENT WHEN IT BMPLOYS OR BECOMES ASSOCIATED WITH A NEW MARIJUANA FACILITY AGENT ~24? A MARIJUANA FACILITY AGENT SHALL NOTIFY THE DEPARTMENT WHEN THE MARIJUANA FACILITY AGENT IS EMPLOYED BY OR BE ASSOCIATED WITH A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY WHEN THE MARIJUANA FACILITY AGENT IS NO LONGER EMPLOYED BY OR ASSOCIATED WITH A MA JUANA ESTABLISHMENT OR MARIJUANA TESTIN I FACILITY. W- . A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT OF A DUAL LICENSEE WHO HAS PLIED TO BE REGISTERED AS A MARIJUANA FACILITY AGENT SERVE A ANA FACILITY AGENT OF THAT DUAL LICENSEE UNTIL THE OR REJE PLICATION. F. THE DEPARTMENT WHALL ADOPT RULES IMPLE ENT THIS SECTION. 36-2856. Smart and gafe Arizona El?n?d?slp?si??n; A. THE SMPIRT AND ARIZONA FUND IS ESTABLISHED CONSI TING OF ALL MONIES DEPOSITED. PURSUANT TO SECTIONS 36-2854, 42-5502 AND 42-5503, PRIVATE DDNANON ND INTEREST EARNED ON THOSE MONIES. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED. MONIES IN THE FUND AND ACCOUNTS AD MAY NOT BE TRANSFERRED TO ANY OTHER FUND EXCEPT AS PROVIDED IN THIS SECTION, FOT HHVERT TO THE STATE GENERAL FWD ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-490 ATING TO THE LAFSING OF APPROPRIATIONS. THE STATE TREASURER SHALL ADMINISTER THE FUND. spy: B. ALL MONIES IN THE SMART AND SAFE ARIZONA FUND MUST FIRST EE AND THE STATE TREASURER SHALL TRANSFER MONIES FROM THE FUND, TO PAY: 1. THE ACTUAL REASONABLE COSTS INCURRED BY THE DEPARTMENT OF HEALTH SERVICES TO IMPLEMENT, CARRY OUT AND ENFORCE THIS CHAPTER AND RULES ADOPTED PURSUANT TO THIS CHAPTER. . AUG 42019 (cu-Lid 2. THE ACTUAL REASONABIE COSTS IN THE DEPARTMENT OF REVENUE TO IMPOSE AND ENFORCE THE TAX AUTHORIZED AND SECTION 42- 5502. 3. THE ACTUAL REASONABLE COSTS INC RED BY THE SUPREME COURT AND THE DEPARTMENT OF PUBLIC SAFETY TO PROCESS PETITIONS FOR EXPUNGEMENT AND EXPUNGEMENT ORDERS PURSUANT TO SECTION 36-2862. 4. THE ACTUAL REASONABIE COSTS INCURRED BY THE STATE TREASURER TO ADMINISTER THE ANY OT MANDATORY EXPENDITURE OF STATE REVENUES REQUIRED BY THIS OR ENFORCEEWFTHIS CHAPTER. C. THE STATE TREASURER MAY PRESCRIEE FORMS NECESSARY TO MAKE TRANSFERS FROM THE SMART AND SAFE ARIZONA . - ANT TO SUBSECTION OF THIS SECTION. - [m0 EACH YEAR, THE STATET SURER SHALL TRANSFER ALL or MONIES IN THE SMART AND SAFE ARIZONA FUND IN EXCESS OF THE AMO AID PURSUANT TO SUESECTION OF THIS SECTION AS FOLLOWS 1. 31-4 PERCENT TO COMMUNITY COLLEGE DISTRICTS AND PROVISIONAL COMMUNITY COLLEGE DISTRICTS BUT NOT TO COMMUNITY COLLEGE TUITION FINANCING DISTRICTS ESTABLISHED PURSUANT TO ?if SECTION 15-1409, FDRAPURPOSES OF INVESTING IN AND PROVIDING WORKPORCE DEVELOPMENT PROGRAMS, JOE TRAINING CAREER I TECHNICAL EDUCATION, AND SCIENCE, TECHNOLOGY, ENGINEERING AND MATH PROGRAM FOLLOWS: 15 PERCENT OF THE 31A PERCENT DIVIDED EQUALLYEETWEEN EACH COMMUNITY COLLEGE DISTRICT. 0.5 PERCENT OF THE 31.4 PERCENT DIVIDED EQUALLY BETWEEN EACH PROVISIONAL COMMUNITY COLLEGE DISTRICT, IF ONE OR MORE PROVISIONAL COMIIJUNITY COLLEGE DISTRICTS EXIST. THE REIVIAINDER TO COMMUNITY COLLEGE DISTRICTS AND PROVISIONAL COMMUNITY COLLEGES DISTRICTS IN PROPORTION TO EACH FULL-TM EQUIVALENT STUDENT ENROLLMENT PERCENTAGE OF THE TOTAL STATEWIDE AUDITED HILL-TM EQUIVALENT ENROLLMENT IN THE PRECEDING FISCAL YEAR PRESCRIBED IN SECTION 15-1466.01. 2. 3] .4 PERCENT TO MUNICIPAL POLICE DEPART S, MUNICIPAL FIRE DEPARTMENTS, FIRE DISTRICTS ESTABLISHED PURSUANT TO ITLE 48, CHAPTER COUNTY DEPARTMENTS IN PROPORTION TO THE NULIBER OF ENROLLED MEMBERS FOR ACE SUCH AGENCY IN THE OR PERSONNEL RETIREMENT SYSTEM ESTABLISHED TITLE 33, CHAPTER 5, ARTICLE PERSONNEL COSTS. 3. 3D PERCENT TO THE ARIZONA HIGHWAY USER REVENUE FUND SECTION 28 6533 #4131551 4. 7 PERCENT TO THE JUSTICE REINVESTMENT 36- 2863. 5. a. 2 PERCENT TO THE ATTORNEY GENERAL TO US ENFORCE THIS CHAPT OR TO GRANT TO LOCALITIES TO ENFORCE THIS CHAPTER. B. THE MONTHS TRANSFERRED AND RECEIVED PURSUANT TO THIS SECTION: . l. ARE IN ADDITION TO ANY OTHER APPROPRIATION, TRANSFE MEDITATION OF MONTHS AND MAY NOT SUPP REPLACE OR A REDUCTION IN 0 ER FUNDING SOURCES. 2. AWN CONSIDERED REVENUES FOR THE PURPOSES OF ARTICLE DI, SECTIONS 20" AND 21, CONSTITUTION OF ARIZONA. 36-2857. Localities: mariiuana establishments: and mariiuana tasting Facilitics A. A LOCALITY MAY: I. ENACT REASONABLE ZONING REGULATIONS THAT LIMIT THE USE OF LAND FOR MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES TO SPECIFIED AREAS. 501" 50% 2. LIMIT THE NUMBER OF MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING 3. MARIJUANA ESTABLISHMENTS 0R MARIJUANA TESTING PAW A. REGULATE THE TIME, MANNER OF MARIJUANA ESTABLIS MARIJUANA TESTING FACILITY OPERATIONS. EQTAFIT .TSH REASO LE RESTRICTIONS ON PUBLIC SIGNAGE REGARDING MARIJUANA, 4" MARIJUANA BSTAELISHMENTS ARIJUANA TESTING FACILITIES. 6. PROHIEIT OR RESTRICT DELIVERY WITHIN ITS JURISDICTION. E. A COUNTY ITS AUTHORITY PURSUANT TO SUBSECTION A OF THIS SECTION IN AREAS OF THE COUNTY. C. A LOCALITY MAY NOT ENACT ANY ORDINANCE, REGULATION OR RULE THAT: PagSQOfl-? MI AUG-92819 I. IS MORE RESTRICTIVE THAN A COMPARABLE ORDINANCE, REGULATION OR RULE THAT APPLIES TO NONPROFIT MEDICAL MARIIUANA DISPENS ARIES. 2. MAKES THE OPERATION OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY UNDULY BURDENSOME IF THE LOCALITY HAS NOT PROHIBITED MARIJUANA BSTABLISHMENTS OR MARIIUANA TESTING FACILITIES. 3. CONFLICTS WITH THIS CHAPTER OR RULES ADOPTED WRSUANT TO THIS CHAPTER. 4. PROHIEIIS THE TRANSPORTATION OF MARIJUANA BY A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY ON PUBLIC ROADS. 5. RESTRICTS OR INTERFERES WITH THE ABILITY OF A DUAL LICENSEE OR AN ENTITY ELIGIBLE TO BECOME A DUAL LICENSEE TO OPERATE A NONPROFIT MEDICAL MARIJUANA DISPENSARY AND MARIJUANA ESTABLISHMENT COOPERATIVELY AT SHARED LOCATIONS. 6. EXCEPT AS EXPRESSLY AUTHORIZED BY SECTION OR SECTION 35-2351, OR RESTRICTS ANY CONDUCT OR TRANSACTION BY THIS CHAPTER, OR IMPOSES ANY LIABILITY OR PENALTY IN ADDITION TO THAT PRESCRIBBD BY THI CHAPTER FOR ANY CONDUCT OR TRANSACTION CONSTITUTING A VIOLATION OF THIS CHAPTER. ?19mg {Li 36-2853. Lawful Of Inmig'uana mad?guagg tasting facilitiSS '5 A. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED IN SECTION 36?2357 AND nd?? NOTWITHST DINO ANY LAW, IT IS LAWFUL AND IS NOT AN OFFENSE UNDER THE LAWS OF THIS STATE THE BASIS FOR DETENTION, SEARCH OR ARREST, AND WIPE: 233? CONSTITUTE TILE SOLE BASIS FOR SEIZURE OR FORFEITURE OF ASSETS OR THE BASIS FOR PENALTIES UNDER TILE LAWS OF THIS STATE OR ANY LOCALITY FOR: 0.5 I555 1. A MARIJUANA ESTABLISHMENT, OR AN AGENT ACTING ON BEHALF OF A MARIJUANA ESTABLISHMENT, TO: 90? MARIJUANA OR MARIJUANA PRODUCTS. PURCHASE, SELL OR TRANSPORT MARIJUANA AND MARIJUANA PRODUCTS TO OR FROM A MARI ANA ESTABLISHMENT. SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS, EXCEPT THAT A MARIJUANA ESTAB SHMENT MAY NOT SELL MORE THAN ONE OUNCE OF MARIJUANA TO A CONSUMER IN A SINGLE TRANSLETPN, NOT MORE THAN PIVE GRAMS OF WHICH MAY BE IN FORM OF MARIJUANA CONCENTRATE. AN 2 CULTIVATE, PRODUCE, TEST OR PROCESS MARIJUAN MANUFACTURE MARIJUANA OR A PRODUCTS BY ANY MEANS CLUDING EXTRACTION OR CHEMICAL AN AGENT ACTING ON OF A MARIJUANA ESTABLISHMENT TO SELL OR OTHERWISE TRANSFER MARIJUANA TO AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE, IF THE AGENT REASONABLY VERIFIED THAT THE INDIVIDUAL APPEARED TO BE TWENTY-ONE YEARS OF AGE OR OLDER BY MEANS OF A PHOTOGRAPHIC HIENTIFICATION IN CORDLLANCE WITH RULES ADOPTED URSUANT TO SECTION 345-2354, SUBSECTION A, PARAGRAPH 6. 3. A MARIJUANA TESTING FACILITY, OR AN AGENT ACTING ON BEHALF OF A MARIJUANA TESTING FACILITY, TO OBTAIN, POSSESS, PROCESS, RBPACRAGE, TRANSFER, TRANSPORT OR TEST MARIJUANA AND MARIJUANA PRODUCTS. 4. A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA ESTABLISHMENT, OR AN AGENT ACTING ON BEHALF OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA ESTABLISHMENT, TO SELL OR OTHERWISE TRANSFER MARIJUANA OR MARIJUANA PRODUCTS TO A NONPROFIT MEDICAL MARIJUANA DISPENSARY, A MARIJUANA ESTABLISHM AN AGENT ACTING ON BEHALF OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA TABLISHMENI. 5. ANY INDIVIDUAL, CORPORATION OR OTHER ENTITY TO SELL, LEASE OR OTHERWISE ALLOW f, PROPERTY OR GOODS THAT ARE OWNED, MANAGED OR CONTROLLED BY THE INDIVIDUAL, CORPORATIO OTHER ENTITY TO BE USED FOR CTIVITY AUTHORIZED BY THIS CHAPTER, OR TO PROVIDE SERVICES TO A MARIJUANA ESTABLISHMENT, MARIJUANA TESTING FACILITY OR AGENT ACTING ON BEHALF OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY IN CONNECTION WITH ANY ACTIVITY AUTHORIZED BY THIS CHAPTER. E. THIS SECTION DOES NOT PRECLUDE THE DEPARTMENT MM IMPOSING PENALTIES AGAINST A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY FOR FAILING TO COMPLY WITH THIS CHAPTER OR RULES ADOPTED PURSUANT TO W5 CHAPTER. C. A MARIJUANA ESTABLISHMENT MAY BE OWNED OR OPERATED BY A PUBLICLY TRADED COMPANY. D. NOTWITHSTANDING ANY OTHER LAW, A DUAL LICENSEE: Page 10 Of16 AUG 2619 1. MAY HOLD A MARIJUANA ESTABLISHMENT LICENSE AND OPERATE A MARIJUANA ESTABLISHMENT PURSUANT TO THIS CHAPTER. 2. MAY OPERATE ON A FOR-PROFIT BASIS IF THE DUAL LICENSEE PROWTLY NOTIFIES THE DEPARTMENT OP HEALTH SERVICES AND DEPARTMENT OP REVENUE AND TAKES ANY ACTIONS NECESSARY TO ENABLE ITS FUR-PROFIT OPERATION, INCLUDNG CONVERTING 1T3 CORPORATE FORM AND AMENDDIG ITS ORGANIZATIONAL AND OPERATING DOCUMENTS. 1 5 ?5 I. MUST CONTINUE TO HOLD BOTH ITS MEDICAL MARIJUANA DISPENSARY REGISTRATION, ANY CHANGE IN OWNERSHIP OP THE DUAL LICENSEE, UNLESS IT TERMINATES ITS STA As A DUAL LICENSEE AND PORPEITS EITHER ITS MARIJUANA ESTAELIS HMENT LICENSE OR NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION BY NOTTPYING THE DEPARTMENT OF SUCH TERMINATION AND PORPEITURE. 4. MAY NOT BE REQUIRED TO: ?37 LAT EMPLOY OR CONTRACT WITH A MEDICAL DIRECTOR. LET OBTAIN NONPROFIT MEDICAL MARIIUANA DISPENSARY AGENT OR MARIJUANA FACILITY AGENT REGISTRATIONS FOR OUTSIDE MORE THAT DO NOT HAVE REGULAR, UNSUPERVISED ACCESS TO THE. INTERIOR OF THE DUAL LICENSEE. [Cr HAVE A. SINGLE SECURE ENTRANCE AS REQUIRED BY SECTION 36-2806, SUBSECTION C, BUT MAY EB REQUIRED TO IMPLEMENT APPROPRIATE SECURITY MEASURES TO DETER AND PREVENT THEFT OP MARIJUANA AND TO REASONAELY REGULATE CUSTOMER ACCESS TO THE PREMISES. Q35 COWLY WITH ANY OTHER PROVISION OF CHAPTER 23.1 OF THIS TITLE OR ANY RULE ADOPTED PURSUANT TO CHAPTER 23.1 OF THIS TITLE THAT MAKES ITS OPERATION AS A DUAL LICENSEE UNDULY BURDENSOME. E. ANY OTHER LAW, A DUAL LICENSEE THAT ELECTS TO OPERATE ON A PROPIT BASIS PURSUANT TO D, PARAGRAPH 2 OP THIS SECTION: 125 h9+ 1. IS SUBJECT TO THE TAXES IMPOSED PURSUANT TO TITLE 43. Y- 2. WUIRED TO SUBMIT ITS ANNUAL FINANCIAL STATEMENTS OR AN AUDIT REPORT TO FOR PURPOSES 0F RENEW NG ITS ONPROFTT MEDICAL MARIJUANA mm I'Sp?p (d 1519" harm - F. NOTWITHSTANDING ANY OTHER LAW, A DUAL LICENSEE MUST CONDUCT THE :3 FOLLOWING OPERATIONS AT A SHARED LOCATION: 1. ARIIUANA AND MARIJUANA PRODUCTS TO CONSUMERS PURSUANT TO THIS CHAPTER 2 W63: ARIJUANA TO REGISTERED QUALIFYING PATIENTS AND REGISTERED DESIGNATED CAREGTYERS PURSUANT TO CHAPTER 23.1 OF THIS TITLE. G. NOTWITHSTANDING METER 23.1 OF THIS TITLE OR ANY Wk ADOPTED TER 28.1 OF THIS TITLE, A DUAL LICENSEE MAY ENGAGE IN ANY ACT, PRACTICE, I W469 CONDUCT OR TRANSACTION A MARIJUANA ESTABLISHMENT BY THIS CHAPTER. a. H. NOTWITHSTANDING ANY OTHER LAW: ?(If 1. AN INDIVIDUAL MAY BE AN APPLICANT, PRINCIPAL OPPICBR OR BOARD MEMBER OF MORE i THAN ONE MARIJUANA ESTABLISPEPIENT OR MORE THAN ONE DUAL LICENSEE REGARDLESS 0W . :7 LOCATION. iwduaJ ?5 35 or 1-5; 2. TWO OR MORE MARIJUANA ESTABLISHMENTS OR BUAL LICENSEES MAY DESIGNATE A SINGLE LOCATION AS PRESCRIBED IN SECTION 36-2850, PARAGRAPH 16, BE JOINTLY USED BY THOSE DUAL LICENSEES OR MARIJUANA ESTABLISHMENTS. I. MARIJUANA ESTABHSHIYIENTS, MARIJU A TESTING FACILITIES AND DUAL LICENSEES THAT ARE SUBJECT TO APPLICABLE FEDERAL OF. STATE AN LAWS MAY NOT PAY THEIR EMPLOYEES DIFFERENT LY BASED SOLELY ON A PROT ED CLASS STATUS SUCH AS SEX, RACE, COIDR, RELIGION, NATIONAL ORIGIN, AGE OR DISABILITY. AND OR MODIFY THE JURISDICTIONAL REACH, PROVISIONS OR REQUIREMENTS OR ANY APPLICABLE We; LAW. subsgc21119 Page 11 Of 16 IAEMSEWME 36-2859. ?mm?F am: I I ?n+5 A. A MARIJUANA ESTABLISHMENT MAY ENGAGE IN ADVERTISING SUBJECT To THE IMPOSED BY THIS B. A MARIJUANA ESTABLISHMENT SHALL ACCURATELY AND LEGIBLY IDENTIFY THE MARIJUANA BS TABLISHMENT RESPONSIBLE FOR CONTENT BY NAME AND LICENSE NUMBER Mad #9 C. ANY ADVERTISING INVOLVING DIRECT, IVIDUALIZED COMMUNICATION OR DIALOGUE CONTROLLED BY A MARIJUANA ESTABLISHMENT SHALL METHOD AGE AFFIRMATION TO VERIFY NT IS TWENTY-ONE YEARS OF AGE OR OLDER BEFORE ENGAGING 1N THAT COMMUNICATION OR DIALOGUE FOR URPOSES OF THIS SUESECT ION THAT METHOD OF AGE AFFIRMATI MAY INCLUDE USER CONFIRMATION, BIRTH DATE DISCLOSURE OR OTHER SIMILAR REGISTRATION METHO D. A MARIJUANA ESTABLISHMENT THAT VIOLATES THIS SECTION IS SUBJECT TO DISCIPLINARY ACTION BY THE DEPARTMENT URSUANT TO SECTION 36- 2854, B. E. AN INDIVIDUAL OR ENTITY OTHER TH A MARIWANA ESTABLISHMENT THAT ADVERTISES MARIJUANA OR MARIJUANA PRODUCTS A CIVII YPENALTY OF NOT LESS THAN $20, 0-30 PER ADVERTISEMENT THIS SUBSECTION MAY HE ATTORNEY GENERAL. I :45: 36-2860. Packauinu; restrictions on Umicular marijuana Dijoducm A. A MARIJUANA ESTABLISHMENT MAY NOT: 1. PACKAGE OR LABEL MARIJUANA OR MARIJUANA PRODUCTS IN A FALSE OR MISLEADING MANNER. 2. MANUFACT SELL MARIJUANA PRODUCTS THAT RESEMBLE THE FORM OF A HUMAN, ANIIPIAL, INSECT, FRUIT, TO CARTOON 3. SELL A PRODUCT WIT NAMES THAT RESEMBLE OR IMITATE FOOD OR DRINK BRANDS MARKETED TO CHILDREN. B. A MARIJUANA ESTABLISHIVIENT THAT WOLATES THIS SECTION IS SUBJECT TO DISCIPIJNARY ACTION BY THE DEPARTMENT PURSUANT TO SECTION 36- 2854, SUBSECTION 36-1861. CODgactS; profeSSiona] SGTVIGGS A. IT IS THE PUBLIC POLICY OF THIS STATE THAT CONTRACTS RELATED TO MARIJUANA ESTAB . AND MARIJUANA TESTING FACILITIES ARE ENFORCEABIE. re; WICENSED, CERTIFIED OR REGISTERED BY ANY DEPARTMENT, AGENCY OR c? REGULATORY BOARD HIS STATE IS NOT SUBJECT TO DISCIPLINARY ACTION BY THAT ENTITY FOR PROVIDING PROFESSIONAL ASSISTANCE TO A PROSPECTIVE OR REGISTERED MARIJUANA ESTABLISHMENT, MARIJUANA TESTING FACILITY OR OTHER PERSON FOR ANY LAWFUL ACTIVITY UNDER THIS CHAPTER. 35.235115, un 6mm HHOH 42 gm} Madam Lam-1'5" rth'S? A. ANY OTHER LAN, BEGINNING JULY 12, 2021 AN INDIVIDUAL WHO WAS ARREST ED FOR CHARGED WITH ADJUDICATED OR CONVICTED EY TRIAL OR PLEA OP, OR SENTENCED FOR, any 91? THE FOLLOWING OFFENSES MAY PETITION THE COURT TO HAVE THE RECORD OF THAT ARREST, CHARGE ADJUDICATION CONVICTION OR SENTENCE EXPUNGED. 1. POSSESSING CONSUMING OR TRANSPORTING ONE OUNCE OR LESS OP NOT MORE THAN FIVE GRAMS WAS IN THE FORM OF MARDUANA CONCENTRATE. 2. POSSESSING, TRANSPORTING, CULTIVATING OR PROCESSING NOT MORE THAN SIX MARIJUANA PLANTS AT THE INDIVIDUALS PRIMARY RESIDENCE FOR PERSONAL USE 3. POSSESSING, USING OR TRANSPORTING PARAPHERNALIA RELATING TO THE CULTIVATION, MANUFACTURE PROCESSING OR CONSUMP OF MARIJUANA E. IE THE COURT RECEIVES A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTION. THE COURT SHALL NOTIFY THE PROSECUTING AGENCY OF THE FILING OF THEP TITION AND ND TO PETITION WITHIN THIRTY DAY . a. 4a? raid-On? THE COURT MAY HOLD A HEARIN ON THE REQUEST OF EITHER THE ITIONER OR THE pun-Him 415M PROSECUTING AGENCW WEI THE COURT CONCL ES ARE GENUINE DISPUTES OE FACT REGARDING WHETHER THE PETITIO SH 3. THE COURT SHALL GRANT THE PETITION UNLESS THE PROSECUTING AGENCY ESTABLISHES BY CLEAR AND COMCEIG EVIDENCE THAT THE PETITIONER IS NOT ELIGIBLE FOR EXPUNGEMENT. 4. THE COURT SHALL ISSUE A SIGNED ORDER OR MINUTE ENTRY GRANTING OR DENYING THE PETITION IN WHICH IT MAKES FINDINGS OF FACT AND CONCLUSIONS OF LAW. C. IF THE COURT GRANTS A PETITION FOR EXPUNGEMENT: 1. THE SIGNED ORDER OR MINUTE ENTRY REQUIRED PURSUANT TO SUBSECTION B, PARAGRAPH 4 OF THIS SECTION SPLAL Page 12 01?16 AUG 2619 I I I I Edi?? {Aj? IF THE PETITIONER WAS ADIUDICATED OR CONVICTED OF AN OFFENSE SET FORTH IN SUESECTION A, VACATE TI-IE JUDGMENT OF ADIUDICATION OR CONVICTION. TATE THAT IT EXPUNGES ANY RECORD OF THE ARREST, CHARGE, CONVICTION, ADJUD CATION AND SENTENCE. IF THE PEIITIONER WAS CONVICTED OR ADIUDICATED OF AN OFFENSE SET FORTH IN SUES CTION A OF THIS SECTION, STATE THAT THE CIVIL RIGHTS, INCLUDINGW RIGHT TO POSSESS FIREARMS, ARE RESTORED, UNLESS THE PETITIONER IS OTHERWISE NOT ELIGIBLE FOR THE RESTORATION OF CIVIL RIGHTS ON GROUNDS OTHER THAN A CONVICTION FOR AN OFFENSE SET FORTH IN SUESECTION A OF THIS SECTION. REQUIRE THE CLERK OF THE COURT TO NOTIFY THE DEPARTMENT OF PUBLIC SAFETY, THE PROSECUTING AGENCY AND THE ARRESTING LAW ENFORCEMENT AGENCY, IF APPLICABLE, OF THE 7 EXPUNGF ENT ORDER. MA: I . REQUIRE THE CLERK OF THE COURT TO SEAL ALL RECORDS RELATING TO THE EHPUNGED ARREST, CHARGE, ADIUDICATION, CONVICTION OR SENTENCE AND ALLOW THE RECORDS TO BE ACCESSED ONLY BY THE .INDIVIDUAL WHOSE RECORD WAS ERPUNGED OR THE ATTORNEY. 2. THE DEPARTMENT OF PUBLIC SAFETY SHALL SEAL AND SEPARATE THE EIGUNGED RECORD FROM THE DEPARTMENT-S RECORDS AND INFORM ALL APPROPRIATE STATE AND FEDERAL LAW ENFORCEMENT AGENCIES OF THE EIUUNGEMENT. UNLESS THE PETITIONER IS INDIGENT, THE DEPARTMENT MAY CHARGE THE SUCCESSFUL PETITIONER A REASONABLE FEE DETERMINED BY THE DIRECTORYPO RESEARCH AND CORRECT THE PETITIONERE CRIMINAL HISTORY RECORD. gf ?aw g5 paw-K? 7, 3. THE ARRESTING AND PROSECUTING AGENCIES SHALL CLEARLY IDENTIFY IN EACH gafev?y FILES AND ELECTRONIC RECORDS AT THE ARREST, CHARGE, CONVICTION, ADIUDICATION AND SENTENCE ARE SHALL NOT MAKE ANY RECORDS OF THE EXPUNGED ARREST, CHARGE, CONVICTION, ADIUDICATION SENTENCE AVAILABLE AS A PUBLIC RECORD TO ANY PERSON EXCEPT TO THE INDIVIDUAL WHOSE RECORD WAS ERPUNGED OR THAT INDIVIDUALS ATTORNEY. D. AN ARREST, CHARGE, ADIUDICATION, CONVICTION OR SENTENCE THAT IS ERPUNGED PURSUANT TO THIS SECTION MAY NOT BE USED IN A SUBSEOUENT PROSECUTION BY A PROSECUTING AGENCY OR COURT FOR ANY PURPOSE. E. AN INDIVIDUAL WHOSE RECORD OF ARREST, CHARGE, ADJUDICATION, CONVICTION OR SENTENCE IS PURSUANT TO THIS SECTION MAY STATE THAT THE INDIVIDUAL HAS NEVER BEEN ARRESTED FOR, CHARGED WITH, ADIUDICATED OR CONVICTED OF, OR SENTENCED FOR THE CRIME THAT IS THE SUBJECT OF THE EXPUNGEMENT. F. IF THE COURT DENIES A PETITION FOR EXPUNGEMENT, THE PETITIONER MAY FILE A DI APPEAL PURSUANT TO SECTION 13403 -SE . ON A, PARAGRAPH 3. gv??Is 54% G. A MOTION IISMISS WITH PREJUDICE ANY PENDING OMPLAINT, INFORMATIO INDICTM EAS ON ANY - IENSE SET FORTH IN SUBSECTIO INCLUDE CHARGES OR ALLEGATI NS BASED ON OR ARISING OUT OF CONDUCT OCCURRING EFFECT 6 THIS CHAPTER. THE PERSON CHARGED MAY THEREAFTER PETITION THE COURT TO EXPUNGE RECORDS OF THE ARREST AND CHARGE OR ALLEGATIO PROVIDWECTION. A MOTION BROUGHT THIS SUBSECTION MAY BE FILED WITH THE COURT ULY I2, T021. H. THE SUPREME COURT MAY ADOPT RULES NE SSARY TO IMPLEMENT THIS SECTION. I. A PROSECUTING AGENCY MAY FILE A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTION ON BEHALF OF ANY INDIVIDUAL WHO WAS PROSECUTED BY THAT PROSECUTING AGENCY, AND THE ATTORNEY GENERAL MAY FILE A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTION ON BEHALF OF ANY INDIVIDUAL. 36-2863. disn?ibutioy, I dig I1 dim A. THE JUSTICE REINVESTMENT FUND IS ESTA LISHED CONSISTINO OF ALL MONTHS PURSUANT TO SECTION 36~2856 AND INTEREST EARNED ON THOSE MONIES. MOMES IN THE FUND ARE CONTINUOUSLY APPROPRIATED. IN THE FUND AND IT ACCOUNTS MAY NOT BE TRANSFERRED TO do ANY OTHER FUND AS PROVIDED IN THIS SECTION, REVERT TO THE STATE GENERAL FUND, AND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35190 RE TO THE LAPSING OF APPROPRIATIONS. THE STATE TREASURER SHALL ADMINISTER THE FUND. B. ALL MONIES IN THE JUSTICE REMESTMENT FUND MUST FIRST NW THE STATE TREASURER SHALL TRANSFER MONTHS FROM THE FUND, TO PAY: I. THE REASONABLE COSTS INCURRED BY THE STATE TREASURER TO ADMINISTER THE FUND. THE REASONABLE ADMINISTRATIVE COSTS INCURRED BY THE DEPARTMENI TO CARRY OUT ITS . TO THIS SECTION. C. A I ?Him OF EACH YEAR, THE STATE ASURER SHALL TRANSFER ALL MONTHS THE STICE REENIVESTMENT FUND IN EXCESS OF THE AMO AID PURSUANT TO SUBSECTION 4415 AS FOLLOWS: A . 1 F, Page 13 Of 16 F54 age, AUG - 92019 Lji TINT Art- I. TO COUNTY PUBLIC HEALTH DEPARTMENTS, IN PROPORTION TO THE POPULATION OF EACH COUNTY ACCORDING TO THE MOST RECENT UNITED STATES DECENNIAL CENSUS, FOR THE PURPOSE OF PROVIDING JUSTICE REINVESTMENT PROGRAMS OR MAKING GRANTS TO QUALIFIED NONPROFIT ORGANIZATIONS PROVIDE JUSTICE REINVESTMENT PROGRAMS IN THAT COUNTY. 2. PERCENT TO THE DEPARTMENT OR THE PURPOSE OF MAKING GRANTS TO QUALIFIED NO ROFIF ORGANIZATIONS THAT PROVIDE JUSTICE REINVESTMENT PROGRAMS IN THIS STATE. Th r47 3. TO THE DEPARTMENT mam THE PURPOSE OF PROVIDING JUSTICE RE STMENT PROGRAMS, ADDRESSING IMPORTANT PUBLIC HEALTH ISSUES THAT AFFECT THIS STATE, AND WSEMC DEVELO IAL EQUITY PROGRAMS THAT PROMOTE THE OWNERSHIP MARIIUAN MARIJUANA FACILITIES BY INDIVIDUALS ha}, FROM COMINITIB ISPROP 9A ED BY THE ENFORCEMENT OF PREWOUS MARIJUANA LAWS: at- *2 WW5 ADI-E PU SUANI TO THIS SECTION ARE EXEMPI FROM TITLE 41, CHAPTER 23, AND RANTEE EREEIJE THE GRANTING AGENCY WITH AN ANNUAL REPORT DETAILING THE USE OF GRANTED NIES. 5 - . MONTHS ERRED-AND RECEIVED PURSUANT TO SUBSECTION OF THIS SECTION mg; NOT ONSDDERED LOCAL REVENUES FOR THE PURPOSES OF ARTICLE IX, SECTIONS 20 AND 21, CONSTITUTION OF ARIZONA. F. THE STATE TREASURER MAY PRESCRIBE FORMS NECESSARY TO MAKE TRANSFERS PURSUANT TO SUBSECTION OF THIS SECTION. . PO PURPOSES OF THIS SECTION, MEANS INITIATIVES OR PROGRAMS THAT OCUS ON ANY OF THE FOLLOWG: 1. PUBLIC AND BEHAVIORAL HEALTH, INCLUDING AND EVIDENCE-INFORMED SUBSTANCE USE PREVENTION AND TREATMENT AND SUBSTANCE USE EARLY INTERVENTION SERVICES. 2. RESTORATI JUSTICE, JAIL DIVERSION, WORKFORCE DE MENT, TE MENTORING SERVICES FOR ECONOMICALL ISADVANTAGED PERSONS IN RTIONATELY IMPACTED EY HIGH RATES OF ARREST AND INCARCERATION. W9 3. ADDRESSING THE UNDERLYING CAUSES OF CRIME AND REDUCING THE PRISON POPULATION IN 07.2? THIS STATE. 4. CREATING OR DEVELOPING TECHNOLOGY AND PROGRAMS THAT IDENTIFY INDIVIDUALS My are: ELIGIBLE FOR EXPUNGEMENT PURSUANT TO THIS CHAPT A 1 36-2864- Transaction tax: additional taxes yphihit? . A. FOR PURPOSES OF THE TRANSACTION PRIVHEGE AND USE TAX COLLECTED PURSUANT TO TITLE 42, CHAP ER 5, MARIJUAN ND MARIJUANA PRODUCTS ARE TANGIBLE PERSONAL (5 QWMION 42-5001 ND ARE SUBJECT TO THE TRANSACTION PRIVILEGE TAX IN THE RETAIL CLASSIFICATION AND USE TAX. AS PRO ED IN SUESECTION A OF THIS SECTION AND SECTION AND I 42% LOCAIJTIES MAY NOI OR COLLECT ADDITIONAL TAXES OF ANY KIND ON THE SALE JUANA OR MARIJUANA CT MAY NO OR COLLECT ANY FEES OR ASSESSMENTS OF ANY KIND ON THE SALE OF MARIJUANA OR MARIIUANA PRODUCTS OR ON THE LICENSING, OR. ACTIVITIES OF an)? MARIJUANA OR MARIJUANA TESTING FACILITIES, UNLESS OR ASSESSMENT IS OF GENERAL APPLICABILITY TO INDIVIDUALS OR BUSINESSES THAT ARE NOT ENGAG IN THE SALE OF MARIJUANA OR MARIJUANA PRODUCTS. C. THE PROHIBITION IMPOSED BY SUESECTION OF THIS SECTION DOES NOT APPLY TO UNIFORM INCREASES TO THE TRANSACTI RIVILEGE TAX RATE FOR THE RETAIL CLASSIFICATIW RATE .Hm? WADE OR A UNIFORM INCREASES TO OR ASSESSMENTS BY 5 SUESECTION OF THIS SECTI . 5? can} an: A. IF THE DEPARTMENT TO ADOPT RULES NECESS YW +9 CHAPTER ON OR BEFORE JUNE 1, 2021, OR - AILS TO BEGIN . CCEPTING APPLICATIONS AS PROVIDED IN CTICN 35-2354, SUESECTION A, PARAGRAPH I, SUBDIVISIO ANY CI MAY COREAEN A - I. - -: 1. ACTION IN SUPERIOR COURT TO COMPEL THE DEPARTMEN PERFORM THE ACTIONS MANDATED UNDER THIS CHAPTER. E. IF THE TO ISSUE A LICENSE OR SEND A NOTICE OF DENLAL WITHIN SIXTY DAYS AFTER RECEIVING A COMPLETE MARIJUANA ES LISBMENT APPLICATION PURSU - 0 SECTION 36-2 4, SUE-SECTION A, PARAGRAPH 1, THE APPLICANT MAY . . . ACTION IN SUPERIOR COURT TO COMPEL THE TMENT TO PERFORM THE UNDER THIS CHAPTER I..- . SLED-E :gq AUG - 9 20:9 Page 14 Of 16 C. CHAPTER 28.1 OF THIS TITLE, THE DEPARTMENT FAILS TO ISSUE ANY MARIJUANIB ESTABLISHIPIENT LICENSES PURSUANT TO SECTION 36-2354, SUBSECTION A, PARAGRAPH l, SUBDIVISION OR BEFORE APRIL 5, 2021, EACH NONPROFIT MEDICAL MARIJUANA DISPENSARY IN GOOD STANDIN MAY BEGIN TO CULTIVATE, PRODUCE, PROCESS, MANUFACTURE, TRANSPORT OCCURS, NONPROFIT MEDICAL MARIJUANA DISPENSARIES IN GOOD STANDING SHALL: 1. BE TREATED AS MARIJUANA ESTABHSHIIENTS FOR ALL PURPOSES UNDER THIS CHAPTER, AND ONPROFIT MEDICAL MARIJUANA DISPENSARY AGENTS SHALL BE TREATED AS MARIJUANA FACILITY AGENTS FOR ALL PURPOSES UNDER THIS CHAPTER. 2. COMPLY 1WITH THE RULES ADOPTED BY THE TO HIIPLEMENT CHAPTER 28.1 OF THIS TITLE, EXCEPT THOSE THAT ARE INCONSISTENT WITH THIS CHAPTER. 42, apter 5, Arizona Revised Statutes, is amended by adding Aide 1?0th Read: ARTICLE 10. aim! 52+ MARIJUANA AND MARIJUANA PRODUCTS Sill. De?nitions IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: (F I. MARIJUANA AND HAVE THE MEANINGS PRESCRIERD IN SECTION 35-2350. 2. CAREGIVE .. . . . AND HAVE THE SAME MEANINGS PRESCRIEED IN SECTION 36-2301. rate Mm 1 75645544? ?1935??; 5'9!!ch A. THERE IS LEVIED TEE DEPARTMENTAAN - EXCISE TAX ON ALL MARIJUANA AND MARIJUANA PRODUCTS SOLD TO A CONSUMER BY A MARIJUANA. EST LISIIMENT AT A RATE OF SIXTEEN PERCENT OF THE PRICE OF THE MARIJUANA OR MARIJUANA PRODUCT SOLD. THIS SUE ES NOT APPL ARIJU ISPENSED TO A REGISTERED PATIENT OR REGISTERED DESIGNATED CAREGWER BY A DUAL LICENSEE. mg. E. IF THE UNITED STATES LEWES AND COLLECTS AN EXCISE TAX PLATIIJIJANA AND MARIIUANA PRODUCTS, THE AGGREGATE OF FEDERAL AND STATE EXCISE TAXES OT EXCEED A RATE OF THIRTY PERCENT OF THE PRICE OF THE MARIJUANA OR MARIJUANA PRODUCT SOLD, AND THE TAX LEVIED PURSUANT TO SUESECTION A OF THIS SECTION SHALL BE LOWERED ACCORDINGLY AND AUTOMATICALLY ON THE EFFECTIVE DATE OF THE FEDERAL EXCISE TAX. C. A PRODUCT SUBJECT TO THE TAX MOSED BY THIS SECTION MAY NOT BE BUNDLED WITH A PRODUCT OR SERVICE THAT IS NOT SUBJECT TO THE TAX MOSED BY THIS SECTION. D. NOTWITHSTANDING SECTION 42-3102, THE DEPARTMENT SHALL DEPOSIT ALL MONIES LEVIED AND COLLEC URSUANT TO THIS SECTION IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED Q7) MHON 36-285 . .3 1%.er hi 42-5503. Return nd .a?ijlt 13w matiiuana enaltv: interes I '5 17 A. THE AX IMPOSED BY THIS ARTICLE IS DUE AND PAY LE, TOGETHER. WITH A RETURN STATEMENT PRESCRIEED BY THE DEPARTMENT, FOR EACH MONTH ON OR BEFORE THE TWENTIETH DAY OF THE SUCCEEDING MONTH. L5 E. A MARIJUANA ESTABLISHMENT THAT FAILS TO PAY THE TAX IMPOSED BY THIS ARTICLE WITHIN TEN DAYS AFTER THE DATE PAYME IS SUBJECT TO AND SHALL PAY A PENALTY DETERMINED UNDER SECTION 42-] 12's, PLUS INTEREST AT THE RATE DETERMINED PURSUANT TO SECTION 42?1 12 ROM THE TIME THE TAX WAS DUE AND PAYABLE UNTIL PAID. THE DEPARTMENT MAY WAIVE ANY PENALTY INTEREST IF IT DETERMINES THAT MARIJUANA ESTABLISHMENT HAS MADE A GOOD FAITH ATTEMPT TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. C. THE RETURN STATEMENT PRESCRIEED BY THE DEPARTMENT SHALL INCLUDE AN MRS QUANTITY OP MARIJUANA THAT IS SOLD BY A MARIJUANA ESTABLISHMENT THAT IS SUBJECT TO THE TAR IMPOSRD BY THIS ARTICLE DURING THE TAX MONTH. D. ALL PENALTIES AND INTEREST COLLECTED THIS SECTION SHALL BE DEPOSITED THE SMART AND SAFE ARIZONA FUND ESTABLISHED MOTION 36-2356. I), wavy-Eng Page150f16 AUG-92019 I ru- . E. THE DEPARTMENT MAY ADOPT RULES THAT ARE NECESSARY OR CONVENIENTM +0 THIS ARTICLE, EXCEPT THAT THOSE RULES MAY NOT CONFLICT WITH TITLE 35, CHAPTER "r 23.2. if revgm WM F. THE SHARE CONFIDENTIAL INFORMATION FINED IN SECTION 42.2001 WITH THE DEPARTMENT OF HEALTH SERVICES FOR ITS USE IN DETERMINHJ A MARIJUANA ESTABLISHMENT, MARIJUANA ING FACILITY OR DUAL LICENSEE i5 IN COMPLIANCE WITH TAN OBLIGATIONS UNDER ITLE TITLE 43. +4355 Mm 43y?liapter 1, Arizona Revised Statutes, is amended by adding/{moon 43-108 to read: SEC. ?5 43-103. Subtraction from ross income - ordinarv and necessary?xpenses?l??/ia?iuana establishment agariiuana . . A (L n; de?nrvima A. OTHER IN COMPUTING ARIZONA ADJUSTED GROSS mcoarn OR ARIZONA TAXABLE INCOME FOR A TAXPAYER, ALL ORDINARY AND NECESSARY EXPENSES PAID OR INCURRED DURING THE TAXABLE YEAR IN CARRYING ON A TRADEOR AS A MARIJUANA ESTABLISHMENT, MARIJUANA TESTING FACILITY, OR DUAL LICENSEE THAT ELECTS TO OPERATE ON A POEPROFIT BASIS PURSUANT TO TITLE 36, CHAPTER 23.2 SHALL BE SUETRACTED FROM ARIZONA GROSS INCOME To THE EXTENT NOT ALREADY EXCLUDED FROM ARIZONA CROSS INCOME. rap OF TH SECTION ESTABLISHMENT TESTING SF HAVE THE SAME PRESCRIBED IN 36-2850. if. . . Mter Protection Aug or the purposes of the oter Protection Act, Aria. Const. art. IV, pt. 1, the Peeple of the State of Arizona declare that the following acts of the Legislature would further the purpose of this ct: 1. Enacting a per se law for the presumption of marijuana impairment based on the concentration of delta-9 tetrahydrocannahinol in a person?s body when scienti?c research on the Subject is conclusive and the National Highway Traf?c Safety Administration recommends the adoption of such a law.- 2. Reducing or eliminating any offense, offense levelgr/penalty provided for in this/44H. 3. Increasing the amount of marijuana that a person may lawfully possess. . 4. Amending the provisions of this ?t to align more closely with federal laws and are not more restrictive than the provisions of 35 5. Amending the provisions of 's to align more closely with federal leave and regulations governing the hemp, but only if and to the extent that such federal laws and marijuana is legalized or decriminalized by the foder ovenmrent, but only if and to the extent that such federal laws and regulations 1 i: possession, processing, cultivation, hansporgyor transfer of indus regulations are not more restrictive than the provisions of 6. Creating or implementing social equity progra to promote the ownership and operation of marijuana establishments and marijuana testing facilities by individuals horn communities disproportionately pacted by the enforcement of previous marijuana law?d increasing the number of marijuana establishment licenses by up to id?ercent in furtherance of those programs. 155:, all?? 7. Facilitating expungeme tand sealing of records of arrests, convictions, adjudication%an/d sentences that were predicated on conduct made wful by thisi?t, including by automatic moans, and_otherwise preventing mitigatin prejudice to individuals whose arrests coovictions or sentences are exp-ringed. Adi} Mffd??ts EX 3159'" astheeven'l' that act? 8. Amending the dollar Ton of ?smelting? in this ?t to conform with the Smoke-Free Arizona notA I Mormon from rule? 5 amended to include the use of an electronic smoking device that creates an aerosol or vapor. a ct, tlgdepanment of revenue and the department of health services are exempt from the rulemalring requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, for twenty-four months after the effective date of cxoept that each department shall provide the public with a reasonable opportunity to comment on proposed rules and shall pub Ish otherwise exempted rules. bra . For the purposes of this If any provision of this ?t or its application to any person or circumstanc is declared invalid by a court of competent jurisdiction, such invalidity does not affect other provisions or applications of (Act that can be given effect without the invalid provision or application. The invalidated provision or provisions shall be deemed reformed to the extent necessary to conform to a plicahle law and to give the inium effect to the intent of thin/6t and, to ?re fullest extent possible, the provisions of thi ct a) minding?? portion of any section of now containing any invalidated provision that is not itself invalidy/' shall be construed so as to give effect to the intent thereof. .5 Macaulay/t" '5 11L IE AUG ~92019 -- sew Pas; mew. Rig-i 1 i? I dRiZUiid HF RTIITF and declara?m (IF Ski-Han i?q?u