Arizona
General
Jun 2022
3 min

Arizona Dispensary Ownership Rules

Answer

In order to own a dispensary in Arizona you must meet the following conditions:

  • Must be 21+ years of age
  • Never have been convicted of a violent crime that's classified as a felony in the location where the person was convicted
  • A violation of state or federal controlled substance law (so, like, you can't be a convicted kingpin of a drug cartel)***

If the sentence was served in completion for a controlled substance violation 10 years ago or more, then that conviction does not exclude the person from dispensary ownership in Arizona.
The individual would not have been arrested for the controlled substance offense had the offense been committed in Arizona after the establishment of section 36-2811

Why is it important?

It's important to know the requirements for ownerships of a cannabis dispensary in Arizona so that you can put together a team of owners who qualify for licensing.  Having a team member who does not qualify for licensing could cause denial of licensure and delays in your license application.

*** If the sentence was served in completion for a controlled substance violation 10 years ago or more, then that conviction does not exclude the person from dispensary ownership in Arizona.

*** The individual would not have been arrested for the controlled substance offense had the offense been committed in Arizona after the establishment of section 36-2811

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Regulatory Citations for This Article

36-2804. Registration and certification of nonprofit medical marijuana dispensaries

(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.

36-2801. Definitions

7. "Excluded felony offense" means:
(a) a violent crime as defined in section 13-901.03, subsection b, that was classified as a felony in the jurisdiction where the person was convicted.
(b) a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted but does not include:
(i) an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier.
(ii) an offense involving conduct that would be immune from arrest, prosecution or penalty under section 36-2811 except that the conduct occurred before the effective date of this chapter or was prosecuted by an authority other than the state of Arizona.