1. A. If a dispensary is a dual licensee, the dispensary shall:

   1. 1. Provide marijuana and marijuana products, according to A.A.C. R9-18-309, to consumers, as defined in A.R.S. § 36-2850, at the same location as the dispensary dispenses medical marijuana and marijuana products to qualifying patients and designated caregivers;
   2. 2. Notify the Department within five calendar days after beginning to operate on a for-profit basis, as allowed by A.R.S. § 36-2858(D)(2), and, if applicable, provide to the Department the documents required in R9-17-304(C)(2) for the new organizational or corporate structure;
   3. 3. Comply with the requirements in A.R.S. § 36-2858(D)(3); and
   4. 4. Comply with the requirements in A.R.S. § 36-2854(D) and A.A.C. R9-18-312.01.

2. B. If a dispensary is a dual licensee, the entity holding the valid dispensary registration certificate may:

   1. 1. Request that the dispensary’s cultivation site, specified according to R9-17-305(A)(1)(e) or R9-17-307(A)(1), be transferred under the entity’s marijuana establishment license according to A.A.C. R9-18-303(E)(3);

   2. 2. Request approval of a change in the location in subsection (A)(1) by complying with the requirements in both:

      1. a. R9-17-307(A), and
      2. b. A.A.C. R9-18-306; or
   3. 3. Transfer or assign both the dispensary registration certificate and the marijuana establishment license to the same entity.

3. C. A dispensary that is a dual licensee is exempt from the requirements in:

   1. 1. R9-17-310(A)(6), (13), and (14);
   2. 2. R9-17-313; and

   3. 3. R9-17-320(B)(4) and (5), but shall ensure that a dispensary agent or marijuana facility agent at the dispensary or the dispensary’s cultivation site:

      1. a. Reports to a principal officer or board member of the dispensary any health condition experienced by the dispensary agent or marijuana facility agent that may adversely affect the safety or quality of any medical marijuana or marijuana products with which the dispensary agent or marijuana facility agent may come into contact; and
      2. b. If the principal officer or board member determines that a dispensary agent or marijuana facility agent has a health condition that may adversely affect the safety or quality of the medical marijuana or marijuana products, is prohibited from direct contact with any medical marijuana, marijuana products, or equipment or materials for processing medical marijuana, as defined in A.R.S. § 36-2850, or preparing marijuana products until the principal officer or board member determines that the dispensary agent’s or marijuana facility agent’s health condition will not adversely affect the medical marijuana or marijuana products.
4. D. If the Department identifies an instance of noncompliance with a requirement of both this Chapter and 9 A.A.C. 18 during an inspection of a dual licensee, the Department shall note the instance of noncompliance on a notice of deficiencies associated with the dual licensee’s marijuana establishment license under 9 A.A.C. 18, rather than on both the notice of deficiencies for the dispensary registration certificate and the notice of deficiencies for the marijuana establishment license.

Historical Note

New Section made by exempt rulemaking at 27 A.A.R. 747, effective May 3, 2021 (Supp. 21-2). Amended by exempt rulemaking at 27 A.A.R. 1587, with an immediate effective date of September 7, 2021 (Supp. 21-3). 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). Amended by exempt rulemaking at 30 A.A.R. 3447 (November 15, 2024), with a delayed effective date of November 1, 2024; filed October 25, 2024 (Supp. 24-4).