1. A. The Department shall deny a dispensary agent’s application for or renewal of the dispensary agent’s registry identification card if the dispensary agent does not meet the definition “nonprofit medical marijuana dispensary agent” in A.R.S. § 36-2801.

2. B. The Department may deny a dispensary agent’s application for or renewal of the dispensary agent’s registry identification card if the dispensary agent:

   1. 1. Previously had a registry identification card revoked for not complying with A.R.S. Title 36, Chapter 28.1 or this Chapter;
   2. 2. Previously had a marijuana facility agent license revoked for not complying with A.R.S. Title 36, Chapter 28.2 or 9 A.A.C. 18; or
   3. 3. Provides false or misleading information to the Department.

3. C. The Department shall revoke a dispensary agent’s registry identification card if the dispensary agent:

   1. 1. Diverts medical marijuana to a person other than:

      1. a. Another dispensary with a valid dispensary registration certificate issued by the Department,
      2. b. A marijuana establishment with a valid marijuana establishment license issued under 9 A.A.C. 18;
      3. c. A laboratory with a valid laboratory registration certificate issued by the Department,
      4. d. A qualifying patient with a valid registry identification card issued by the Department,
      5. e. A designated caregiver with a valid registry identification card issued by the Department,
      6. f. A dispensary agent with a valid registry identification card or marijuana facility agent with a valid marijuana facility agent license issued by the Department accepting the marijuana on behalf of a dispensary or marijuana establishment, or
      7. g. A laboratory agent with a valid registry identification card issued by the Department accepting the marijuana on behalf of a laboratory; or
   2. 2. Except as provided in A.R.S. § 36-2804.01(D), has been convicted of an excluded felony offense.
4. D. The Department may revoke a dispensary agent’s registry identification card if the dispensary agent knowingly violates A.R.S. Title 36, Chapter 28.1 or this Chapter.

5. E. If the Department denies or revokes a dispensary agent’s registry identification card, the Department shall provide notice to the dispensary agent and the dispensary agent’s dispensary that includes:

   1. 1. The specific reason or reasons for the denial or revocation; and
   2. 2. The process for requesting a judicial review of the Department’s decision pursuant to A.R.S. Title 12, Chapter 7, Article 6.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by exempt rulemaking at 25 A.A.R. 2421, effective August 27, 2019 (Supp. 19-3). Amended by exempt rulemaking at 26 A.A.R. 1905, with an immediate effective date of August 28, 2020 (Supp. 20-3). Amended by final expedited rulemaking at 28 A.A.R. 2562 (September 30, 2022), with an immediate effective date of September 8, 2022 (Supp. 22-3). Amended by final rulemaking at 29 A.A.R. 2396 (October 13, 2023), effective October 1, 2023 (Supp. 23-3).