Arizona Initiative says "Non-Profit Dispensaries"

[Bionik Kronik]

36-2804. Registration and certification of nonprofit medical marijuana dispensaries
A. NONPROFIT MEDICAL MARIJUANA DISPENSARIES SHALL REGISTER WITH THE DEPARTMENT.
B. NOT LATER THAN NINETY DAYS AFTER RECEIVING AN APPLICATION FOR A NONPROFIT MEDICAL MARIJUANA DISPENSARY, THE DEPARTMENT SHALL REGISTER THE NONPROFIT MEDICAL MARIJUANA DISPENSARY AND ISSUE A REGISTRATION CERTIFICATE AND A RANDOM 20-DIGIT ALPHANUMERIC IDENTIFICATION NUMBER IF:
1. THE PROSPECTIVE NONPROFIT MEDICAL MARIJUANA DISPENSARY HAS SUBMITTED THE FOLLOWING:
(a) THE APPLICATION FEE.
(b) AN APPLICATION, INCLUDING:
(i) THE LEGAL NAME OF THE NONPROFIT MEDICAL MARIJUANA DISPENSARY.
(ii) THE PHYSICAL ADDRESS OF THE NONPROFIT MEDICAL MARIJUANA DISPENSARY AND THE PHYSICAL ADDRESS OF ONE ADDITIONAL LOCATION, IF ANY, WHERE MARIJUANA WILL BE CULTIVATED, NEITHER OF WHICH MAY BE WITHIN FIVE HUNDRED FEET OF A PUBLIC OR PRIVATE SCHOOL EXISTING BEFORE THE DATE OF THE NONPROFIT MEDICAL MARIJUANA DISPENSARY APPLICATION.
(iii) THE NAME, ADDRESS AND DATE OF BIRTH OF EACH PRINCIPAL OFFICER AND BOARD MEMBER OF THE NONPROFIT MEDICAL MARIJUANA DISPENSARY.
(iv) THE NAME, ADDRESS AND DATE OF BIRTH OF EACH NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT.
(c) OPERATING PROCEDURES CONSISTENT WITH DEPARTMENT RULES FOR OVERSIGHT OF THE NONPROFIT MEDICAL MARIJUANA DISPENSARY, INCLUDING PROCEDURES TO ENSURE ACCURATE RECORD-KEEPING AND ADEQUATE SECURITY MEASURES.
(d) IF THE CITY, TOWN OR COUNTY IN WHICH THE NONPROFIT MEDICAL MARIJUANA DISPENSARY WOULD BE LOCATED HAS ENACTED ZONING RESTRICTIONS, A SWORN STATEMENT CERTIFYING THAT THE REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY IS IN COMPLIANCE WITH THE RESTRICTIONS.
2. NONE OF THE PRINCIPAL OFFICERS OR BOARD MEMBERS HAS BEEN CONVICTED OF AN EXCLUDED FELONY OFFENSE.
3. NONE OF THE PRINCIPAL OFFICERS OR BOARD MEMBERS HAS SERVED AS A PRINCIPAL OFFICER OR BOARD MEMBER FOR A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT HAS HAD ITS REGISTRATION CERTIFICATE REVOKED.
4. NONE OF THE PRINCIPAL OFFICERS OR BOARD MEMBERS IS UNDER TWENTY-ONE YEARS OF AGE.
C. THE DEPARTMENT MAY NOT ISSUE MORE THAN ONE NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION CERTIFICATE FOR EVERY TEN PHARMACIES THAT HAVE REGISTERED UNDER SECTION 32-1929, HAVE OBTAINED A PHARMACY PERMIT FROM THE ARIZONA BOARD OF PHARMACY AND OPERATE WITHIN THE STATE EXCEPT THAT THE DEPARTMENT MAY ISSUE NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION CERTIFICATES IN EXCESS OF THIS LIMIT IF NECESSARY TO ENSURE THAT THE DEPARTMENT ISSUES AT LEAST ONE NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION CERTIFICATE IN EACH COUNTY IN WHICH AN APPLICATION HAS BEEN APPROVED.
D. THE DEPARTMENT MAY CONDUCT A CRIMINAL RECORDS CHECK IN ORDER TO CARRY OUT THIS SECTION.

36-2804.01. Registration of nonprofit medical marijuana dispensary agents; notices; civil penalty; classification
A. A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT SHALL BE REGISTERED WITH THE DEPARTMENT BEFORE VOLUNTEERING OR WORKING AT A MEDICAL MARIJUANA DISPENSARY.
B. A NONPROFIT MEDICAL MARIJUANA DISPENSARY MAY APPLY TO THE DEPARTMENT FOR A REGISTRY IDENTIFICATION CARD FOR A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT BY SUBMITTING:
1. THE NAME, ADDRESS AND DATE OF BIRTH OF THE NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT.
2. A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT APPLICATION.
3. A STATEMENT SIGNED BY THE PROSPECTIVE NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT PLEDGING NOT TO DIVERT MARIJUANA TO ANYONE WHO IS NOT ALLOWED TO POSSESS MARIJUANA PURSUANT TO THIS CHAPTER.
4. THE APPLICATION FEE.
C. A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY SHALL NOTIFY THE DEPARTMENT WITHIN TEN DAYS AFTER A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT CEASES TO BE EMPLOYED BY OR VOLUNTEER AT THE REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY.
D. NO PERSON WHO HAS BEEN CONVICTED OF AN EXCLUDED FELONY OFFENSE MAY BE A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT.
E. THE DEPARTMENT MAY CONDUCT A CRIMINAL RECORDS CHECK IN ORDER TO CARRY OUT THIS SECTION.

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So how is this supposed to work? I'm not really sure how the whole non-proffit thing works, but aren't there bills and employees that have to be paid? If i were to become an owner, would that just make me a leader of a non-profit orginization? Could I make myself an employee? Can some one please help me to understand this legal nonsense?

 

[Bionik Kronik]

Here is some more:

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36-2806. Registered nonprofit medical marijuana dispensaries; requirements
A. A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY SHALL BE OPERATED ON A NOT-FOR-PROFIT BASIS. THE BYLAWS OF A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY SHALL CONTAIN SUCH PROVISIONS RELATIVE TO THE DISPOSITION OF REVENUES AND RECEIPTS TO ESTABLISH AND MAINTAIN ITS NOPROFIT CHARACTER. A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY NEED NOT BE RECOGNIZED AS TAX-EXEMPT BY THE INTERNAL REVENUE SERVICE AND IS NOT REQUIRED TO INCORPORATE PURSUANT TO TITLE 10, CHAPTER 19, ARTICLE 1.
B. THE OPERATING DOCUMENTS OF A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY SHALL INCLUDE PROCEDURES FOR THE OVERSIGHT OF THE REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY AND PROCEDURES TO ENSURE ACCURATE RECORDKEEPING.
C. A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY SHALL HAVE A SINGLE SECURE ENTRANCE AND SHALL IMPLEMENT APPROPRIATE SECURITY MEASURES TO DETER AND PREVENT THE THEFT OF MARIJUANA AND UNAUTHORIZED ENTRANCE INTO AREAS CONTAINING MARIJUANA.
D. A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY IS PROHIBITED FROM ACQUIRING, POSSESSING, CULTIVATING, MANUFACTURING, DELIVERING, TRANSFERRING, TRANSPORTING, SUPPLYING OR DISPENSING MARIJUANA FOR ANY PURPOSE EXCEPT TO ASSIST REGISTERED QUALIFYING PATIENTS WITH THE MEDICAL USE OF MARIJUANA DIRECTLY OR THROUGH THE REGISTERED QUALIFYING PATIENTS' DESIGNATED CAREGIVERS.
E. ALL CULTIVATION OF MARIJUANA MUST TAKE PLACE IN AN ENCLOSED, LOCKED FACILITY AT A PHYSICAL ADDRESS PROVIDED TO THE DEPARTMENT DURING THE REGISTRATION PROCESS, WHICH CAN ONLY BE ACCESSED BY REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENTS ASSOCIATED IN THE REGISTRY WITH THE NONPROFIT MEDICAL MARIJUANA DISPENSARY.
F. A REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY MAY ACQUIRE USABLE MARIJUANA OR MARIJUANA PLANTS FROM A REGISTERED QUALIFYING PATIENT OR A REGISTERED DESIGNATED CAREGIVER ONLY IF THE REGISTERED QUALIFYING PATIENT OR REGISTERED DESIGNATED CAREGIVER RECEIVES NO COMPENSATION FOR THE MARIJUANA.
G. A NONPROFIT MEDICAL MARIJUANA DISPENSARY SHALL NOT PERMIT ANY PERSON TO CONSUME MARIJUANA ON THE PROPERTY OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY.
H. REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARIES ARE SUBJECT TO REASONABLE INSPECTION BY THE DEPARTMENT. THE DEPARTMENT SHALL GIVE REASONABLE NOTICE OF AN INSPECTION UNDER THIS SUBSECTION.

36-2806.01. Dispensary locations
CITIES, TOWNS AND COUNTIES MAY ENACT REASONABLE ZONING REGULATIONS THAT LIMIT THE USE OF LAND FOR REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARIES TO SPECIFIED AREAS IN THE MANNER PROVIDED IN TITLE 9, CHAPTER 4, ARTICLE 6.1, AND TITLE 11, CHAPTER 6, ARTICLE 2.

36-2806.02. Dispensing marijuana for medical use
A. BEFORE MARIJUANA MAY BE DISPENSED TO A REGISTERED DESIGNATED CAREGIVER OR A REGISTERED QUALIFYING PATIENT, A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT MUST ACCESS THE VERIFICATION SYSTEM AND DETERMINE FOR THE REGISTERED QUALIFYING PATIENT FOR WHOM THE MARIJUANA IS INTENDED AND ANY REGISTERED DESIGNATED CAREGIVER TRANSPORTING THE MARIJUANA TO THE PATIENT, THAT:
1. THE REGISTRY IDENTIFICATION CARD PRESENTED TO THE REGISTERED NONPROFIT MEDICAL MARIJUANA DISPENSARY IS VALID.
2. EACH PERSON PRESENTING A REGISTRY IDENTIFICATION CARD IS THE PERSON IDENTIFIED ON THE REGISTRY IDENTIFICATION CARD PRESENTED TO THE NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT.
3. THE AMOUNT TO BE DISPENSED WOULD NOT CAUSE THE REGISTERED QUALIFYING PATIENT TO EXCEED THE LIMIT ON OBTAINING NO MORE THAN TWO-AND-ONE-HALF OUNCES OF MARIJUANA DURING ANY FOURTEEN-DAY PERIOD.
B. AFTER MAKING THE DETERMINATIONS REQUIRED IN SUBSECTION A, BUT BEFORE DISPENSING MARIJUANA TO A REGISTERED QUALIFYING PATIENT OR A REGISTERED DESIGNATED CAREGIVER ON A REGISTERED QUALIFYING PATIENT’S BEHALF, A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT MUST ENTER THE FOLLOWING INFORMATION IN THE VERIFICATION SYSTEM:
1. HOW MUCH MARIJUANA IS BEING DISPENSED TO THE REGISTERED QUALIFYING PATIENT.
2. WHETHER IT WAS DISPENSED DIRECTLY TO THE REGISTERED QUALIFYING PATIENT OR TO THE REGISTERED QUALIFYING PATIENT’S REGISTERED DESIGNATED CAREGIVER.
3. THE DATE AND TIME THE MARIJUANA WAS DISPENSED.
4. THE REGISTRY IDENTIFICATION CARD NUMBER OF THE NONPROFIT MEDICAL MARIJUANA DISPENSARY AND OF THE NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT WHO DISPENSED THE MARIJUANA.

 

[Totah Sam]

Yeah, like that racist bitch of a Governor is going to allow medical cannabis in HER state. As long as she is in office, AZ doesn't have a snowball's chance in Hell of getting legal medical cannabis.

Instead you're getting laws that ban soccer in public parks, no murals with dark skin people, if you have an accent you can't teach English, bans ethnic studies in public schools.

Yeah I can see legalization happening there REAL soon.

 

[Bacchus]

That sounds cool. Non-profit is the righteous way

 

[SeniorBuzz]

That sounds cool. Non-profit is the righteous way

they are all non-profit

at least that I know of

it's not that the owner-operators can't earn bucoo bucks

 

[Frozenguy]

Yeah, like that racist bitch of a Governor...

Care to elaborate?

 

[Maj.Cottonmouth]

I think he did with the link to the no dark skinned people in murals article (full disclosure, I did not read it)

Back on topic, I have wondered about this myself. As far as I know all dispensaries are "non-profit" but I am not sure what this means. So the big pile of cash left after the bills is the owners salary?

 

[Frozenguy]

I think legalization could come to Arizona and in fact I think the long overdue immigration bill will play a unique roll in bringing MMJ into the scene.
These non profit dispenseries are a good start. As far as I understand, you can have a salaried worker under a non profit? But the company as a whole, cant make profits. So no stock options, no bonuses, things like that I think. The rest has to be put back into the cause or donated to another cause or saved for future funding.

Instead you're getting laws that ban soccer in public parks,

Can we have a link for this please?

no murals with dark skin people

This is from complaints of the people, the citizens, not from the governor.

if you have an accent you can't teach English

Good! I had a teacher that I couldn't understand! If you cant understand a teacher what good is it to have him/her around?

bans ethnic studies in public schools

Well, this one is a little confusing. Sounds like something I do not agree with, but I would have to see the actual law. It sounds like its aiming towards getting rid of classes that focus on on culture and lack any integration into US culture, (also including classes on overthrowing US, discrimination against other races blah blah).

Here is a statement about it. I bolded a part I want to research.

The law prohibits the teaching of any classes that promote “the overthrow of the United States government,” “resentment toward a race or class of people,” “are designed primarily for pupils of a particular ethnic group” or “advocate ethnic solidarity instead of the treatment of pupils as individuals.”

 

[DeezyH]

THE DEPARTMENT SHALL REGISTER THE NONPROFIT MEDICAL MARIJUANA DISPENSARY

Shall register....thats huge. That means anyone can start a dispensary. Theres a big difference in legalese between "shall" issue and "may" issue. If I were an Arizona mmj user I would be very excited about this.

 

[Pythagllio]

Yeah, like that racist bitch of a Governor is going to allow medical cannabis in HER state. As long as she is in office, AZ doesn't have a snowball's chance in Hell of getting legal medical cannabis.

Instead you're getting laws that ban soccer in public parks, no murals with dark skin people, if you have an accent you can't teach English, bans ethnic studies in public schools.

So what is the technical reality of a ballot initiative in AZ? Is it basically a suggestion like it is in DC? The other 3 I've looked into closely are CA and CO both of which require another BI to restrict or amend the BI CA Assembly can't even put another BI to overturn one that's in place. IIRC Michigan's legislature can do what they want but requires a 75% supermajority.

I'm presuming that AZ is like DC, with a simple majority they can do or change it any way they like, since this is BI #4 more MMJ in AZ. It simply boggles my mind that the voters can go to the poll and vote yes for a law, then have the lawmakers overturn the law.

 

[j242]

......It simply boggles my mind that the voters can go to the poll and vote yes for a law, then have the lawmakers overturn the law.

That has boggled my pea sized brain for years now but America is too large for any sort of revolution to overthrow our government so we just have to bend over and take it.

 

[Frozenguy]

That has boggled my pea sized brain for years now but America is too large for any sort of revolution to overthrow our government so we just have to bend over and take it.

I have a feeling the revolution is in fact coming, building steam if it needs to be executed. The revolution wont be televised, so look out your windows!

 

[Bionik Kronik]

it's not that the owner-operators can't earn bucoo bucks

How and who is to determine the owner-operators salary?

And would the state set a cost on product or is that decided by the operator?

Aren't churches non-profit orginizations? Where I live, I have seen some really rich ministers.

 

[Tr33]

I'm a used to be AZ homie.
Non profits in AZ are not easy to start up, and not just anybody can do it.
AZ has a lot of nasty regs to jump through.
If you read the whole AZ MMJ bill, it's bad, and sets it up so that MMJ will cost more than the UG. This bill is worse than the original MMJ bill that went through back in the day. People should wake up and study and not just follow blindly because something seems cool. This AZ bill is bad for MMJ, it regulates it beyond the ability for anyone in AZ to do the MMJ thing.
Read and study that POS bill carefully, then comprehend what it says, and then let realization of what it will do hit you square in the face.
It shuts off access to MMJ.

 

[desertdweller]

non profit

non profit

i live and have read the az reform, my understanding, non profit means only that at the end of the year, no "profit" is made income. yes a non profit can invest in anything, like stocks as another form of income, the income from the stocks have to be used before the end of the year, so an owner can have a salary, employees have wages, utilites are paid, use profits for upgradeing the facility, buying seeds are an expense, as long as all the money made(profit),is spent by the end of the year, on salaries,upgrades, exspenses, rent, christmas bonuses, delivery vehicle, and salary to accountant to keep track of all this sh**.to make it simple, if expenses are greater than income, that is a non profit..see your local accountant...results may vary.

the caregiver part states that registered caregivers can grow for patients who cant or dont want to and live 25 miles from a dispensary and be compensated for their time/labor. and do this for up to 5 patients. forgot how many plants per person. az is a big state with only a few population centers. i believe only 25 dispensaries in all the state under the reform bill. that leave A LOT of people. i can adjust to compensation depending on what a patient can afford


p.s. sorry for the rambaling statements

 

[Dignan]

The number of dispensaries that will be allowed is approximately 120, distributed evenly according to population density. My town has 95,000 people and will be allowed to have 1.8 dispensaries.

If you want to grow, you'll need to live further than 25 miles from a dispensary, unless you can arrange to grow for patients who live outside of that halo.

You may be caregiver for up to 5 patients. Each patient can grow 12 plants (mature or not).

An attorney I know who is following this closely told me that from what he understands, you will NOT be allowed to grow for dispensaries. Only the dispensary agent themself can grow the medicine they distribute. (This part confuses me.)

The Dept of Health Services either has no idea exactly how things will look on the other side of the vote (Nov 2) or they are keeping very mum about it. Once it passes, they will have 120 days to announce the systems they've put in place.

At that point, if the systems aren't actually ready to be implemented, a patient will be able to fill out their application (if one is available) and have a physician's recommendation on-hand and that is to be considered in-lieu license to medicate in the event that police hassle you before the DHS actually issues your card.

The attorney I spoke to said that several of his wealthy investor clients are already getting their ducks in a row, buying properties that are likely to satisfy zoning laws and proximity to churches/schools/etc, to open dispensaries. In other words, the people with the deep pockets are already lining up to get even richer when this initiative passes.

The initiative IMO is virtually guaranteed to pass. MMJ has passed 3 times in the past in AZ, and always by a wide margin, and that was before the current extreme economic downturn in the state. And in the last several years, marijuana decriminalization has become more and more of a conservative/Republican pet issue, so it should make a lot of the flag-waving cowboys here happy.

In short, the initiative will preserve black market prices (boo!), funnel all the profits through dispensaries and the government instead of through drug dealers (fair enough), limit the patient's choices for where they buy their meds (in my town, you will be FORCED to buy your meds from one or two dispensaries... it's a matter of time before this is challenged in court on the basis of it creating monopolies), and pretty much fuck all of us who love to grow our own medicine but don't happen to live out in the sticks (boo!).

BUT... it will change the culture in AZ as people witness their neighbors buying and using cannabis and they see first-hand that Reefer Madness is a myth and that cannabis is actually no big deal. I think that's a good thing.

Vive le Western U.S. Green Belt!