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Home My WebLink About2020 11.30 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday, November 30,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 20-622 Interviews of applicants for vacancies on the Planning and Zoning Commission. Council may wish to make appointments to the commission at the regular meeting of December 1, 2020. Attachments: List of P&Z Applicants P&Z Applications 20-638 Presentation and discussion on the possible creation of a draft ordinance relating to the regulation of recreational marijuana, as allowed by the "Smart and Safe Arizona Act", possibly using the model ordinance language provided by the League of Arizona Cities and Towns. This item was continued from the November 17, 2020, city council meeting, wherein council requested more information about what other cities are doing. sponsors: Rudy Esquivias Attachments: (2) Memo on Recreational Marijuana-dir to staff 11-30& 12-1 Dir to Staff Rec-Mar D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. �Piz oN* File ID: 20-622 Sponsor: Agenda Date: 11/30/2020 Index: In Control: City Council Work Session Interviews of applicants for vacancies on the Planning and Zoning Commission. Council may wish to make appointments to the commission at the regular meeting of December 1, 2020. City of Apache Junction,Arizona Pagel Printed on 6/16/2026 PLANNING AND ZONING COMMISSION (2 vacancies) must be city residents CITY RESIDENT still interes New Applicants: Carl Osaki currently on Board of Adjustment Y Y Mehmood Mohiuddin Y Y Jaime Lanza currently on PSPRS Y Y Joe Durbala currently on Board of Adjustment Y no respons Frank Schoenbeck currently on B of A, MPC, and P&R Y Y Jeffrey Danford currently on Public Art Commission Y Y Caitlin Knox currently on Board of Adjustment Y Y Jeff Barlett currently on Library Board & IDA Y applied 11/ Robin Barker currently on city council Y applied 11/ Richard Cantwell Y applied 11/ ted? e via e-mail or voicemail '17/20 '18/20 '19/20 City of Apache Junction Planning and Zoning Commission Board . The primary duties of this commission is to formulate,create and administer any lawful plan duly adopted by the governing body for the present and future growth of the city pertaining to the use of land and buildings for any purpose,together with all incidental activities usually associated therewith and commonly known as "Planning and Zoning."They shall also make or cause to be made a continuous study of the best present and future use to which land and buildings shall be put within the city and in cooperation with adjacent areas and to recommend to the governing body revisions in the plans which,in the opinion of the commission,are for the best interest of the citizens of the city and promulgate rules of procedure and to supervise the enforcement of rules so promulgated by the commission and approved by the governing body. There are seven members who must be city residents and are appointed to serve three-year terms. The commission meets twice a month. Board Liaison-Barbara Kelly,480-474-5083,bkelly@ajcity.net IT IS IMPORTANT TO NOTE THAT ALL MEETINGS ARE HELD IN THE CITY COUNCIL CHAMBERS AND ARE VIDEO AND AUDIO RECORDED. Overview U Size 7 Seats H Term Length 3 Years C Term Limit Additional Enacting Resolution Enacting Resolution Website Planning and Zoning Commission Page 1 of 1 City of Apache Junction Planning and Zoning Commission Board Roster is Dirk Begeman Nov 01,2020-Oct 31,2021 Email dirknseattle@aol.com Appointing Authority City Council Home Phone Home: (602)577-6062 Position Commissioner Address Office/Role member 1522 E.22nd.Ave. Apache Junction,AZ 85119 is Darryl Cross Nov 01,2020-Oct 31,2023 Email rktmn@netzero.net Appointing Authority City Council Home Phone Mobile:(602)820-9583 Position Commissioner Alternate Phone Business:(480)695-1412 Office/Role Member Address 1018 N ACACIA RD APACHE JUNCTION,AZ 85119 s Jesse Gage Nov 01,2020-Oct 31,2023 Email jessegage@aol.com Home Phone Mobile:(602)291-6552 Address 839 N Vista Apache Junction,AZ 85119 is Dave M Hantzsche Nov 01,2019-Oct 31,2022 Email dave.hantzsche@gmail.com Appointing Authority City Council Home Phone Mobile:(602)510-3972 Position Commissioner Alternate Phone Mobile:(480)578-0758 Address 142 S Royal Palm Road Apache Junction,AZ 85119 Planning and Zoning Commission Page 1 of 2 .�. Peter Heck Nov 01,2020-Nov 01,2023 Email peterheckaj@gmail.com Appointing Authority City Council Home Phone Mobile:(480)254-8883 Position Vice Chairman Alternate Phone Business:(480)586-3373 Address 1390 N. San Marcos Drive Apache Junction,AZ 85120 4 Vacancy Appointing Authority City Council Position Commissioner of Vacancy Appointing Authority City Council Position Commissioner Planning and Zoning Commission Page 2 of 2 City of Apache Junction Board &Commission Member Application Profile Carl Osaki First Name Last Name 1982 N Goldfield Rd Street Address Apache Junction AZ 85119 City State Postal Code Carlosaki78@gmail.com Email Address Which Boards would you like to apply for? None Selected Question applies to Board of Adjustment The Board of Adjustment requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? r Yes r No Do you operate a business in the City of Apache Junction? r Yes r No Carl Osaki Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Cal Poly Pomona/ 1986/Bachelor of Science in Aerospace Engineering Civic Activities and Service Organizations/Office Held: (Previous Residence) Long Beach Rescue Mission, Habitat for Humanity Los Angeles Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? a) Support their function (fulfilling requests, providing recommendations, solutions, etc) b) Represent their interests (Implicitly-Adhering to the General Plan and existing governance. Explicitly- Processing input from hearings, meetings, forums, etc) c) "Teamwork" (mutual respect, learning, teaching, encouraging, etc) Please state the reason(s)why you feel you are qualified to serve on this board/commission: While I do not have any Planning and Zoning experience, I believe I possess the desirable personal attributes one would expect from someone who's had a successful 32+year career as an engineer at Boeing. To mention a few of the less obvious, perhaps: Adaptable, diligent, personable ("for an engineer" I've been told, ;-)). I strive for excellence in everything I do. I am currently enrolled in Apache Junction Citizen Leadership Institute ("paused"due to COVID-19). Carl Osaki Please state why you would like to be appointed to this board/commission: I moved out here from a California beach city which I thought had very poor Planning and Zoning. It would be an honor for me to be able to contribute to a future Apache Junction where I can "follow in the footsteps" and work along side of those who have allowed Apache Junction to grow but still retain the charm and beauty I fell in love with 30+years ago when I first visited. Resume Carl Osaki City of Apache Junction Board &Commission Member Application Profile Mehmood Mohiuddin First Name Last Name 2341 N Apache Trail _ Street Address Apache Junction AZ 85119 City State Postal Code tmlovelady@msn.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? o Yes o No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Mehmood Mohiuddin Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: University of Karachi/4years/Masters of Physics Computers 1 year Civic Activities and Service Organizations/Office Held: N/A Interests & Experiences What do you believe the key responsibility of board & commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? Follow the regulation and codes and help the city to grow. Work with citizens and the city. Please state the reason(s)why you feel you are qualified to serve on this board/commission: Been in AJ 12 years. Learn rules and regulations to help the community. Bring in new ideas. Please state why you would like to be appointed to this board/commission: Learn codes and regulation. Resume Mehmood Mohiuddin City of Apache Junction Board &Commission Member Application Profile Jaime Lanza First Name Last Name 642 S. Hilton Rd. _ Street Address Apache Junction AZ 85119 City State Postal Code allproattitude@yahoo.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? o Yes o No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Jaime Lanza Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Baker University 3 years Master of Science St. John's College 4 years Bachelor of science Civic Activities and Service Organizations/Office Held: n/a Interests & Experiences What do you believe the key responsibility of board & commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? Community contacts regarding applications of zoning chances, and development projects. Please state the reason(s)why you feel you are qualified to serve on this board/commission: I have an extensive experience dealing with the public, and dealing with crises. Please state why you would like to be appointed to this board/commission: I would like to learn more about the city government, because, my future goal is to run for City counsil Resume Jaime Lanza JAIME LANZA P.O. Box 5035 Apache Junction, AZ 85278 (480) 580-7224 OBJECTIVE: to be a menber of Planning and Zoning board EXPERIENCE: -Aug., 1999 - May, 2001 - Upper Iowa University , Fort Leavenworth , Kansas Adjunct Faculty: Taught Business Policy, Principles of Supervision, Principles of Management, and Labor Relations. -Aug.,1991 - May,2001 - Park University , Parkville , Missouri Adjunct Faculty: Taught Parole and Probation Supervision, Principles of Corrections, and Spanish I & II. PROFESSIONAL EXPERIENCE: - May 11, 2004 to Present - Chandler Police Department - Chandler , Arizona Detention Officer : Transport detainees to Maricopa County jail, process all booking papers, finger print, and obtain DNA samples. -Feb.,2002 to Feb.21, 2004 - Arizona Department of Corrections - Florence , Arizona . Correction Officer: conduct security checks, random urinalysis test, formal counts. -Aug.,1985 - June, 2001 - Kansas Department of Corrections ---- Lansing , Kansas . Parole Coordinator: coordinate all inmate releases with Parole Officers statewide. Assembled reports and evaluations from mental health, Substance Abuse & Sex Offenders programs forward to Kansas Parole Board for parole decisions. EDUCATION: 1991 Baker University , Baldwing City, Kansas ---Degree: Master of Science in Management. 1983 St. Johns College , Winfield , Kansas ---Degree: Bachelor of Science in Business Administration. ADDITIONAL INFORMATION: -Peace Officer Certification thru Central Arizona College , Eloy , Arizona -12/15/2006 -Fluent in written and spoken Spanish language. -1998- 06/2001 Firefighter I thru Delaware Township Fire Department, Lansing , KS . City of Apache Junction Board &Commission Member Application Profile Joe Durbala First Name Last Name 673 East Kachina Street Address Apache Junction AZ 85119 City State Postal Code ldzurb@gmail.com Email Address Which Boards would you like to apply for? None Selected The Board of Adjustment requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? r Yes r No Do you operate a business in the City of Apache Junction? r Yes r No Joe Durbala Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? 4 Yes 0 No Education and Community Service Schools Attended and Degrees Earned: Western II. University 4 years Board of Governors. Project Central 2 year program to understand the inter working of state, local government working hand in hand. Civic Activities and Service Organizations/Office Held: Quartermaster VFW Post 7968 4 years. Department Disabled Veterans Junior Vice Commander 1 year. Interests & Experiences What do you believe the key responsibility of board & commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? You are making decisions that effect the members of the community and the future of the city Please state the reason(s)why you feel you are qualified to serve on this board/commission: Having served on the planning and zoning and being a city council member for 8 years Please state why you would like to be appointed to this board/commission: Have the experience and understanding of laws. Resume Joe Durbala City of Apache Junction Board &Commission Member Application Profile Frank Schoenbeck First Name Last Name 525 E. Fred Ave Street Address Apache Junction AZ 85119 City State Postal Code satchthemo@yahoo.com Email Address Which Boards would you like to apply for? None Selected Question applies to Health and Human Services Commission The Health & Human Services Commission requires that 3 of the 5 members reside in the city limits. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Library Board The Library Board requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Municipal Property Corporation The Municipal Property Corporation requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Frank F Schoenbeck If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? r Yes r No Do you operate a business in the City of Apache Junction? Yes (-. No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? a Yes o No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? 4 Yes o No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: University of Wisconsin-Madison BA-1975, Political Science and History Civic Activities and Service Organizations/Office Held: Library Board, Junction City, Or. 4-H Club leader, Junction City, Or. VFW 5 years Interests & Experiences Frank F Schoenbeck What do you believe the key responsibility of board & commission members to: a) the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? A) Provide a private citizen's perspective on issues at hand. That input would be the result of considering the research and testimony presented to the commission. B) Represent the "man on the street's" point of view. Maintain and promote opportunities for public input. C) Objectively listen to all points of view presented. Express my own ideas in a respective manner and base those ideas on an understanding of the issue. Support the consensus of the commission even though it may not be exactly what I desired. Please state the reason(s) why you feel you are qualified to serve on this board/commission: My career was based on learning a trade, cabinet/furniture making, and then using the leadership skills learned in the US Navy to become a manager. Success in management means gathering information and making good decisions as does success on a commission. Please state why you would like to be appointed to this board/commission: I like this city and the people in it. We plan to stay here and its future is important to us. Apache Junction is going to grow as I learned participating in the ASU project and that growth will need direction. I have no specific ax to grind, I'd just like to inject what common sense I have to the process. Resume Frank F Schoenbeck hank b— City of Apache Junction Board &Commission Member Application Profile JEFFREY DANFORD First Name Last Name 3299 S. Conestoga Rd Street Address Apache Junction AZ 85119 City State Postal Code jeffdanford@aol.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Public Art Commission Public Art Commission requires that 4 of the 7 members reside in the city limits. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? r Yes r No Do you operate a business in the City of Apache Junction? r Yes r No JEFFREY F DANFORD Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Mesa Community College/8 years/A.A.S. Manufacturing Quality Control Technology Civic Activities and Service Organizations/Office Held: Member of AJ Focal Point&Tourism Committee Member of Apache Junction Founders' Centennial Committee Volunteer at Superstition Mountain Museum Past President of SACA Gold Canyon Arts Council Artists of the Superstitions Mesa Art League Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? Public Arts Commission -To help the city select public arts projects which emphasize some aspect of Apache Junction history while maintaining a pleasing aesthetic look. Planning &Zoning Commission -To review all pertinent information regarding the matter before me to enable me to make the decision that will best serve the interests of my community. Please state the reason(s) why you feel you are qualified to serve on this board/commission: Public Arts Commission - I believe a strong public arts program can reflect a community's history, culture, and values, and should be managed to balance the needs of the community as well as meeting the values of the citizens. Planning &Zoning Commission - I am vested in the community and have a sincere interest in helping my peers make responsible decisions that affect our community. JEFFREY F DANFORD Please state why you would like to be appointed to this board/commission: Public Arts Commission -As one who is interested in the history of Apache Junction and the Superstitions Area and an artist, I am interested in building and maintaining a strong public arts program. I feel public art should represent the soul of the community. Planning &Zoning Commission - I am vested in the community and have a sincere interest in helping my peers make responsible decisions that affect our community. Resume JEFFREY F DANFORD JEFFREY F DANFORD 3299 S. Conestoga Rd, Apache Junction, AZ 85119 Home: 480-292- 0815 ieffdanford(&aol.com ............................................................................................................................................................................................................................................................................................................................................................... PROFESSIONAL SUMMARY Experienced professional with strong leadership and relationship-building skills. Highly motivated self-starter with solid experience managing all levels of projects, including budgeting and administration. Meticulous, excellent at juggling multiple tasks and working under pressure. ............................................................................................................................................................................................................................................................................................................................................................... CORE COMPETENCIES • Strong communication skills • Organized with attention to detail • Team leadership • Public speaking • Project management • Self-motivated • Process implementation • Strong learning curve • Customer Service • Problem solving • Community interfacing .......................................................................................................................................................................................................................................................................................................................................................... PROFESSIONAL HISTORY 12/2014 to Current Event and Volunteer Coordinator Superstition Mountain Museum -Apache Junction, Arizona • Created and managed seasonal event schedule • Created and managed Art events at Museum • Managed volunteer program • Coordinated website and social media activities 2013 to 2014 Merchandise Execution team Home Depot - Mesa, AZ • Maintained product bays, by down stocking product, maintaining point of purchase signing, ensuring product and displays were clean and organized. Performed selected inventory control functions. 2009 to 2011 Associate Director SunDust Art Gallery - Mesa, AZ • Assisted senior leadership in managing all aspects of operations. • Negotiated contracts with artists, sold paintings by contract artists, co- managed art events sponsored by SunDust in conjunction with East Valley Arts Guild, facilitated Art and Wine classes, and promoted SunDust Gallery to local art associations. 2009 to 2013 Artist Self-employed -Apache Junction, AZ • Market and sold paintings created by myself and my wife. Manage several social media and online accounts. Participated in art events with the purpose of marketing or selling our art. 2003 to 2009 ISO Specialist Rogers Corporation - Chandler, AZ • Led Management Team in developing and maintaining Quality Management System compliant to IS09001:2000 and AS:9000 International Standards. ................................................................................................................................................................................................................................................................................................................................................................ EDUCATION AAS (Associate of Applied Science): Quality Control Technology Mesa Community College - Mesa, AZ ................................................................................................................................................................................................................................................................................................................................................................ COMMUNITY INVOLVEMENT Member of AJ Focal Point & Tourism Committee Member of Apache Junction Founders' Centennial Committee Volunteer at Superstition Mountain Museum Past President of SACA Gold Canyon Arts Council Artists of the Superstitions Mesa Art League ................................................................................................................................................................................................................................................................................................................................................................ City of Apache Junction Board &Commission Member Application Profile Caitlin Knox First Name Last Name 2516 w cactus wren st Street Address APACHE JUNCTION AZ 85120 City State Postal Code cknox@hardknoxrocks.com Email Address Which Boards would you like to apply for? None Selected Question applies to Board of Adjustment The Board of Adjustment requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No Question applies to Construction Board of Appeals Which of the following professions are you in? W Contractor (Other than General Contractor) Question applies to Construction Board of Appeals Are you an Arizona Licensed engineer or architect? If so, please provide your license number. Question applies to Construction Board of Appeals Are you a general building contractor licensed by the AZ ROC? r Yes r No Question applies to Construction Board of Appeals Are you a residential homebuilder licensed by the AZ ROC? r Yes r No Question applies to Construction Board of Appeals Are you a licensed electrical, mechanical, or plumbing contractor licensed through AZ ROC? r Yes r No Question applies to Construction Board of Appeals If you are applying as a trade member, how many years of trade experience do you have? Caitlin Knox Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Do you own commercial property in the City of Apache Junction? o Yes o No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Arizona State University- BA Political Science, Chinese Language Arizona State University- MBA- current Caitlin Knox Civic Activities and Service Organizations/Office Held: Troop Leader, Girl Scouts of America Jan 2018 - present Member, Department of Information Security Club Aug 2020- present Social Media Chair, Women In Technology Jan 2018-present Member, Women in Consulting Aug 2020-present Team Leader, Reporting Team of Teams Sept 2020- present Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? a) The key responsibility of a board member as it pertains to the city council is that of a diverse voice. As a member of this community, I have opinions and ideas that may be different than what is currently discussed. It's with change that comes innovation. b) The key responsibility of a board member as it pertains to the citizens of Apache Junction is to be a representative of the people. To keep their interests in mind and be a driving force for the mindset of continually improving our city. c) The key responsibility as it pertains to the other board members is to be a helping hand. My contributions to the efforts required to implement plans directly aides those initiatives by way of time and energy. Please state the reason(s) why you feel you are qualified to serve on this board/commission: I feel I'm qualified to serve on this board because I have a proven track record of leadership. I am a driving force with any project I am either a part of or a leader in. I am organized, passionate, and have a key stake in the community. In addition to these skills, I also am the Qualifying Party on the contractor's license for my business. Please state why you would like to be appointed to this board/commission: I would like to be appointed to have a voice in my community,with regards to decisions made at the city level. Resume Caitlin Knox Caitlin R. Knox crgarris(cr�,asu.edu 2516 W Cactus Wren St.Apache Junction,AZ 85120 (480)370-9396 www.linkedin.com/caitlinknox47 EDUCATION W.P.Carey School of Business at Arizona State University,Tempe,AZ August 2020—present Master of Business Administration Arizona State University,Tempe,AZ August 2006—May 2010 Bachelor of Arts,Political Science,Chinese Language • Pi Sigma Alpha,Member PROFESSIONAL EXPERIENCE Telarus.,Sandy,UT present—October 2014 IT Business Analyst • Generate BI Reporting for the Company using adopted BI platforms. • Meet with users to determine reporting requirements,create project scope,verify with end users delivered solutions meet requirements,and strive to look beyond expressed requirements to find additional information that may be beneficial to the Company's employees. • Configure and maintain 15 SSIS packages that load data into SQL Database from various data sources. Develop and continued management of end users'password management through 45 secure shared folders. • Deployed and drove adoption of dual factor authentication to over 100 users to increase secured access to organization systems. • Empower users by providing support for Tier 2&Tier 3 trouble tickets,with an average resolution time of 1.74 days. MOD by Novawest.,Phoenix,AZ October 2014-October 2013 Guest Services Manager • Oversaw development of proprietary membership application to track time spent and purchases made while in facility. • Managed 200-person membership base comprised of corporate and personal clientele.Conducted regular on-site tours for interested investors. • Managed 12 cafe employees and back of house operations to include food costing,menu development, end of shift duties. • Curated weekly cultured events hosted in facility,providing organic networking opportunities for active members. Starwood Hotels&Resorts Scottsdale,AZ November 2012-October 2006 Lobby Concierge Provided customer service to guests of 1,000 room hotel. • Established vendor relationships with 45 unique local businesses used to elevate a guest's experience while staying at hotel. • Created and maintained repository of 114 artifacts to distribute to guests regarding local attractions,dining recommendations,and tour options. US State Department,Washington,D.C. October 2014-October 2013 Intern • Researched and advanced food security strategies for 21 APEC member countries. Planned and programmed US host year APEC meeting including seating assignments,43 breakout sessions,and 27 plenary meetings. SHILLS&ACHIEVEMENTS Technical Skills: T-SQL,DAX,M,Powershell, Salesforce,Tableau,Power BI Professional Involvement: Women in Technology(board member),Arizona Chapter Volunteer Opportunities: Troop Leader,Girl Scouts of America 2018-present Accreditations/Certifications: Exam 761: Querying Data with Transact-SQL,Exam 778:Analyzing and Visualizing Data with Microsoft Power BI,Tableau Desktop Certified Associate 2019,2020 Interests: Hiking,Cooking City of Apache Junction Board &Commission Member Application Profile Jeff Barlett First Name Last Name 108 North Meridian Drive _ Street Address Apache Junction AZ 85120 City State Postal Code jeff.barlett@yahoo.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. I am currently serving on The Apache Junction Library Board and The Apache Junction Industrial Development Authority. I prefer to keep my position on The Library Board if unable to serve on both Planning and Zoning and Library Board at the same time. Do you own commercial property in the City of Apache Junction? o Yes r No Do you operate a business in the City of Apache Junction? o Yes o No Jeff Barlett Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? o Yes o No Education and Community Service Schools Attended and Degrees Earned: Sun Valley High School, Received High School Diploma in May 2014 Penn Foster College, Received Some College Credit Ashworth College, Recently enrolled online in November 2020 to study Criminal Justice. When I received my real estate license in The State of Texas I enrolled online with Allied Business Schools. I received 180 hours of training in 6 courses which include, Principles of Real Estate 1, Principles of Real Estate 11, Law of Contracts, Law of Agency, Real Estate Finance, and Promulgated Contract Forms. Received a real estate license issued by The Texas Real Estate Commission. License is no longer active and is currently expired. I also no longer reside in The State of Texas and did not decide to get licensed in Arizona. Here is a link to look up my expired real estate license with The Texas Real Estate Commission. https://www.trec.texas.gov/apps/license-holder-search/?detail_id=1000041455 Civic Activities and Service Organizations/Office Held: Currently serving on The Apache Junction Library Board and The Apache Junction Industrial Development Authority. Was selected to serve as Vice President of The Apache Junction Library Board. Interests & Experiences Jeff Barlett What do you believe the key responsibility of board & commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? One of the responsibilities of The Planning and Zoning commission is to make decision on zoning properties, I believe that it is important to be fair with residents when making these kinds of decisions and make sure that zoning decisions comply with state and federal law. The Planning and zoning commission does have a role in reviewing business license applications and zoning reviews. It is also not uncommon for residents to attempt to get a permit to build something on their property or request a variance which may require approval from The Planning and Zoning Commission. I personally believe that the main responsibility of a member of The Planning and Zoning Commission is to be fair with people and comply with the laws when making decisions. Please state the reason(s)why you feel you are qualified to serve on this board/commission: I am currently serving on 2 city boards at the moment. When I live in Texas I was licensed as a Real Estate Agent for a short time so I am familiar with the basics on how zoning works. In order to become licensed I was required to take 180 hours of training in 6 classes to include, Principles of Real Estate 1, Principles of Real Estate 11, Law of Contracts, Law of Agency, Real Estate Finance, and Promulgated Contract Forms. Currently this license is expired and I no longer reside in The State of Texas and currently reside in The State of Arizona. Please state why you would like to be appointed to this board/commission: As I mentioned before when I applied to serve on a few other commissions is that I am looking to serve the people in the community. I also have a strong passion for supporting small and local business and feel that small businesses are what drives the local economy. I also previously had a real estate license in The State of Texas so I am familiar with the basics on how zoning works. Resume Jeff Barlett Jeff Barlett 108 North Meridian Drive APT 220 Apache Junction, Arizona 85120 (469) 785-9966 Objective: Currently serving on The Apache Junction Library Board and Industrial Development Authority. Looking to serve on The Planning and Zoning Commission. Education: Sun Valley High School Received a Diploma in May of 2014 Penn Foster College Some College Credit Received *Recently enrolled in Ashworth College criminal justice program in November 2020 Real Estate Education When I received my real estate license in The State of Texas I enrolled online with Allied Business Schools. I received 180 hours of training in 6 courses which include, Principles of Real Estate 1, Principles of Real Estate II, Law of Contracts, Law of Agency, Real Estate Finance, and Promulgated Contract Forms. Received a real estate license issued by The Texas Real Estate Commission. Real estate license is no longer active and is currently expired. Current Position: Allied Universal Security Security Guard Career Highlights: Texas Department of Criminal Justice Correctional Officer C.R. England Semi Truck Driver City of Apache Junction Board &Commission Member Application Profile Robin Barker First Name Last Name 860 So. Saguaro Street Address Apache Junction AZ 85120 City State Postal Code barkerr430yahoo.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Planning and zoning Do you own commercial property in the City of Apache Junction? U Yes a No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Robin Barker Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: CAC -AS, ASU - BA, NAU - ME Civic Activities and Service Organizations/Office Held: American Legion and VFW auxiliaries, Soroptimist, Genesis board, AJ City Council, MAG-DV Council, Regional Council, Economic Development Council Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? The responsibility of Pllanning and Zoning is to hear cases and pass on recommendations to the city council Please state the reason(s)why you feel you are qualified to serve on this board/commission: I feel my knowledge of the city and my work on the city council would make me a asset to this board. Please state why you would like to be appointed to this board/commission: I would like to continue to be involved in the community and its growth Resume Robin Barker City of Apache Junction Board &Commission Member Application Profile Richard Cantwell First Name Last Name 3301 S Goldfield _ Street Address Apache Junction AZ 85119 City State Postal Code rlcweII1013@aol.com Email Address Which Boards would you like to apply for? None Selected Question applies to Planning and Zoning Commission The Planning & Zoning Commission requires members to be residents of the city. Do you reside in the City of Apache Junction city limits? r Yes r No If you have applied for more than 1 board/commission, please rank your preference of appointment highest to lowest. Planning and Zoning Commission Do you own commercial property in the City of Apache Junction? r Yes a No Do you operate a business in the City of Apache Junction? r Yes r No Are you a graduate of the City of Apache Junction Citizen Leadership Institute? r Yes r No Richard L Cantwell Are you a registered voter? r Yes r No Are you now serving, or have you ever served, on a City of Apache Junction board or commission? r Yes r No Employment/Retirement Are you currently employed? r Yes r No Education and Community Service Schools Attended and Degrees Earned: Indiana University/BS 1973 MBA 1974 Civic Activities and Service Organizations/Office Held: Plan Commission and Board of Zoning Appeals- Munster, IN 20+years, Plan Commission - Mokena, IL 5+years, various other organizations Interests & Experiences What do you believe the key responsibility of board &commission members to: a)the city council and/or district, b)the citizens of Apache Junction, c) other board, commission or committee members to be? Munster and Mokena are established communities that are similar to the types of communities that Apache Junction is trying to transform into. Both had new developments and a lot of"fine tuning"activity. Some of the more interesting challenges were cell towers, billboards, and commercial/residential interfaces. The key to Planning is having a long term view of where the community is directed. For a developing community like Apache Junction, the long term is even more important, so the Planning group needs to have clear direction and understanding with the City Council.There is also an interesting proactive/reactive nature to the task because development only occurs when someone brings an idea to us -the city is not making the investment but needs to make sure that the investments being made are in the best interests of the long term development of the community. Consistency and ethical standards are the keys to success. Apache Junction is trying to change their development model for the future developments that are starting to occur. My experience is communities that were built in a consistent manner with this new direction should be useful. Please state the reason(s)why you feel you are qualified to serve on this board/commission: I have over 25 years experience on Plan Commissions where I had lead positions that required good working relationships with the other members of the commission, the City/Town Council, and the City/ Town attorneys. Richard L Cantwell Please state why you would like to be appointed to this board/commission: We moved to Arizona about 4 years ago to be closer to our son and grandchildren. I am completing the CLI class, which I have found to be very informative and enjoyable. It has been a good way to learn more about Apache Junction. I would like to bring my experience to a growing community. Resume Richard L Cantwell ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. �Piz oN* File ID: 20-638 Sponsor: Rudy Esquivias Agenda Date: 11/30/2020 Index: In Control: City Council Work Session Presentation and discussion on the possible creation of a draft ordinance relating to the regulation of recreational marijuana, as allowed by the "Smart and Safe Arizona Act", possibly using the model ordinance language provided by the League of Arizona Cities and Towns. This item was continued from the November 17, 2020, city council meeting, wherein council requested more information about what other cities are doing. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 Q �z City of Apache Junction Development Sejvices Department NOVEMBER 9, 2020 MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director FROM: Rudy Esquivias, Planning Manager/Zoning Admin. SUBJECT: Nov. 17, 2020, Direction to Staff Item: Cit s Options Regarding Voter Approval of the Smart and Safe Arizona Act (Recreational Marijuana) BACKGROUND On November 3, 2020, as part of the general election, the voters of Arizona passed the "Smart and Safe Arizona Act" (see text attached) , a citizen initiative......"relating to the responsible adult use, regulation and taxation of marijuana", also referred to as recreational marijuana. The act declares that in the interest of public health and safety, the legal adult use of marijuana should be regulated so that: a) Legitimate, taxpaying business people, and not criminal actors, conduct sales of marijuana; b) Marijuana sold in this state is tested, labeled and subject to additional regulations to ensure that consumers are informed and prctected; c) Employers retain their rights to maintain drug and alcohol free places of employment; d) The health and safety of employees in the marijuana industry are protected; e) Individuals must show proof of age before purchasing marijuana; f) Selling, transferring or providing marijuana to minors and other individuals under the age of 21 remains illegal; g) Driving, flying or boating while impaired to the slightest degree by marijuana remains illegal. The act also allocates funds from the medical marijuana fund for things such as the Arizona Teachers Academy, to the Arizona Department of Health Services ("ADHS") , the Governor' s Office of Highway Safety, to non-profit agencies through ADHS to help individuals file petitions for expungement of previous minor, non-violent marijuana convictions, and other services. The act is very detailed in how the creation and operation of licensed "marijuana establishments" and "marijuana testing facilities" will be allowed. A marijuana establishment includes: a retail establishment at which the sale of marijuana and marijuana products is conducted, along with the possible cultivation and manufacture of marijuana products; an off-site location where marijuana is cultivated, processed and products are made, but which does not conduct sales to consumers; an off-site location at which marijuana products are manufactured, packaged and stored, but which does not Planning& Zoning- Building& Safety— Revenue Development 300 B. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 9 Fax(480)982-7010 Direction to Staff: Rec-Mar Page 2 of 3 conduct sales to consumers. A marijuana testing facility includes ADHS facilities or facilities operated by another licensed entity to analyze the potency of and test the marijuana for harmful contaminants. This act does not change the medical marijuana laws, except that a licensed medical marijuana dispensary may also apply to offer recreational marijuana products to consumers over 21 years of age. This is what is referred to as being a "dual licensee". Recreational marijuana products would carry a sales tax of 16't . The act does not allow smoking in public or open spaces; and does not allow persons to operate motor vehicles, boats or fly aircraft under the influence. The act does allow people to consume marijuana products in private places, carry small quantities of marijuana and/or marijuana products and paraphernalia, allow a person over the age of 21 to securely cultivate up to 6 plants in their own private residence (no more than 12 plants if two or more persons over the age of 21 reside together) and sets penalties for violators. CITY'S OPTIONS FOR REGULATION The act also offers cities, towns and counties options for the regulation of marijuana establishments and marijuana testing facilities. The city may: 1) Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas; 2) Limit the number of marijuana establishments or marijuana testing facilities, or both; 3) Prohibit marijuana establishments or marijuana testing facilities, or both; 4) Regulate the time, place and manner of marijuana establishment and marijuana testing facility operations; 5) Establish reasonable restrictions on public signage regarding marijuana, marijuana establishments and marijuana testing facilities; 6) Prohibit or restrict delivery within its jurisdiction. The city may not enact any ordinance, regulation or rule that: 1) Is more restrictive than a comparable ordinance, regulation or rule that applies to non-profit medical marijuana dispensaries; 2) Makes the operation of a marijuana establishment or marijuana testing facility unduly burdensome if the locality has not prohibited marijuana establishments or marijuana testing facilities; 3) Conflicts with the chapter (state law) or rules adopted pursuant to the chapter; 4) Prohibits 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 a marijuana establishment cooperatively at shared locations; 6) Except as expressly authorized by this Section (state law) or Section 36-2851, prohibits or restricts any conduct or transaction allowed by this chapter, or imposes any liability or penalty in addition to that prescribed by this chapter for any conduct or transaction constituting a violation of this chapter. Planning &Zoning-Building&Safety-Revenue Development 300 E.Superstition Boulevard - Apache Junction,AZ 85119 - Ph:(480)474-5083 - Fax(480)982-7010 Direction to Staff: Rec-Mar Page 3 of 3 POSSIBLE DIRECTION TO STAFF With the understanding that ADHS has yet to establish rules and procedures for the licensing of recreational marijuana uses, that the city already has two medical marijuana dispensaries, and insofar as a possible direction to staff, council may wish to consider the following options: 1) Direct staff to draft an ordinance for the P&Z and Council's consideration which regulates marijuana establishments and marijuana testing facilities in the same manner as medical marijuana dispensaries and cultivation facilities; through the city's CUP process, which includes specific zoning, limit on number of establishments, imposes separation distances and other requirements (see med-mar regulations attached) ; 2) Direct staff to draft an ordinance which allows marijuana establishments and marijuana testing facilities outright in certain zoning districts, to include limit on number, specify separation distances, delivery and signage considerations, be subject to the city' s normal development and design requirements, etc. ; 3) Direct staff to draft an ordinance prohibiting marijuana establishments and marijuana testing facilities in the city; 4) Direct staff to draft an ordinance which allows existing medical marijuana dispensaries to becomes dual licensees, through a CUP amendment process. 5) Other? Attachments: - Smart and Safe Arizona Act - City of AJ Medical Marijuana Regs, Section 1-6-12 Planning &Zoning-Building&Safety-Revenue Development 300 E.Superstition Boulevard • Apache Junction,AZ 85119 • Ph:(480)474-5083 • Fax(480)982-7010 ti 4 OFFICIAL TITLE AN INITIATIVE MEASURE AMENDING SECTION 36-2817,ARIZONA REVISED STATUTES;AMMNDING TITLE 36,ARIZONA REVISED STATUTES, BY ADDING CHAPTER 28.2;AMENDING TITLE 42,CHAPTER 5,ARIZONA REVISED STATUTES,BY ADDING ARTICLE 10;AMENDING TITTLE 43,CHAPTER 1,ARTICLE 1,ARIZONA REVISED STATUTES,BY ADDING SECTION 43-108; ! RELATING TO THE RESPONSIBLE ADULT USE,REGULATION AND TAXATION OF MARIJUANA. i ! TEXT OF PROPOSED AMENDMENT i Be it enacted by the People of the State of Arizona: Fa 0 [L Section L Short title SEP 2 6 2019 This act may be cited as the"Smart and Safe Arizona Act". �J Section 2.Findings and declaration of purpose ARIZONA SECRETARY OF STATE The People of the Stale of Arizona find and declare as follows: 1. In the interest of the efficient use of law enforcement resources,enhancing revenue for public purposes,and individual freedom,the responsible adult use of marijuana should be legal for persons twenty-one years of age or older,subject to state regulation,taxation,and local ordinance. 2. In the interest of the health and public safety of our citizenry,the legal adult use of marijuana should be regulated so that: (a) Legitimate,taxpaying business people,and not criminal actors,conduct sales of marijuana. (b) Marijuana sold in this slate is tested,labeled and subject to additional regulations to ensure that consumers are informed and protected. (c) Employers retain their rights to maintain drug-and-alcohol-free places of employment (d) The health and safety of employees in the marijuana industry are protected. (c) Individuals must show proof of age before purchasing marijuana. (0 Selling,transferring,or providing marijuana to minors and other individuals under the age of twenty-one remains i illegal. (g) Drit�ing,flying or boating while impaired to the slighlest degree by marijuana remains illegal. Section 2,Section 36-2817,Arizona Revised Statutes,is amended to read: 36-2817.Medical mariivana fund:private donations 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 in the fund are continuously appropriated. 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 in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year. D. ON THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION,THE DIRECTOR OF THE DEPARTMENT SHALL TRANSFER THE FOLLOWING SUMS FROM THE MEDICAL MARIJUANA FUND FOR THE FOLLOWING PURPOSES: 1. $15,000,000 TO THE ARIZONA TEACHERS ACADEMY FUND ESTABLISHED BY SECTION 15-1655. 2. $10,000,000 TO THE DEPARTMENT TO FUND THE FORMATION AND OPERATION OF COUNCILS, COMMISSIONS AND PROGRAMS DEDICATED TO IMPROVING PUBLIC HEALTH,INCLUDING TEEN SUICIDE PREVENTION,THE MATERNAL MORTALITY REVIEW PROGRAM,IMPROVING YOUTH HEALTH,SUBSTANCE ABUSE PREVENTION,ADDRESSING ADVERSE CHILDHOOD EXPERIENCES,THE ARIZONA POISON CONTROL SYSI EM ESTABLISHED PURSUANT TO SECTION 36-1161,THE ARIZONA HEALTH IMPROVEMENT PLAN,THE CHILD FATALITY REVIEW TEAM ESTABLISHED PURSUANT TO SECTION 36-3501 AND THE CHRONIC PAIN SELF MANAGEMENT PROGRAM. 3. $10,000,000 TO THE GOVERNOR'S OFFICE OF IBGHWAY SAI- fY TO DISTRIBUTE GRANTS FOR THE FOLLOWING PURPOSES: (a) REDUCING IMPAIRED DRIVING,INCLUDING CONDUCTING TRAINING PROGRAMS AND PURCHASING EQUIPMENT FOR DETECTING,TESTING AND ENFORCING LAWS AGAINST DRIVING,FLYING OR BOATING WHILE IMPAIRED. (b) EQUIPMENT,TRAINING AND PERSONNEL COSTS FOR DEDICATED TRAFFIC ENFORCEMENT, 4. $2,000,000 TO THE DEPARTMENT TO IMPLEMENT,CARRY OUT AND ENFORCE CHAPTER 28.2 OF THIS z'TTLE. Page 1 of 17 5. $4,000,000 TO THE DEPARTMENT-1.0 DISTRIBUTE GRANTS TO QUALIFIED NONPROFIT ENTITIES THAT WILL PROVIDE OUTREACH TO INDIVIDUALS WHO MAY BE ELIGIBLE TO FILE PETITIONS FOR EXPUNGEMENT PURSUANT TO SECTION 36-2962 AND WILL ASSIST WITH THE EXPUNGEMENT PETITION PROCESS. THE DEPARTMENT SHALL DISTRIBUTE GRANTS PURSUANT TO THIS PARAGRAPH ON OR BEFORE- JUNE 30,2021. 6. $2,000,000 TO TIE DEPARTMENT TO DEVELOP AND IMPLEMENT,IN CONJUNCTION WITH THE DEPARTMENT OF ECONOMIC SECURITY AND OTHER STATE AGENCIES,A SOCIAL EQUITY OWNERSHIP PROGRAM TO PROMOTE THE OWNERSHIP AND OPERATION OF MARIJUANA ESTABLISH TENTS AND MARIJUANA TESTING FACILITIES BY INDIVIDUALS FROM COMMUNITIES DISPROPORTIONATELY IMPACTED BY THE ENFORCEMENT OF PREVIOUS MARIJUANA LAWS. FOR THE PURPOSES OF THIS PARAGRAPH,"MARIJUANA ESTABLISHMENT"AND "MARIJUANA TESTING FACMTY"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2850. 7. S1,000,000 TO THE DEPARTMENT TO FUND PROGRAMS AND GRANTS TO QUALIFIED NONPROFIT ORGANIZATIONS FOR EDUCATION AND COMMUNITY OUTREACH RELATED TO CHAPTER 28.2 OF THIS TITLE. S. $1,000,000 TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856, Section 4.Title 36,Arizona Revised Statutes,is amended by adding chapter 28.2,to read: a L E CHAPTER28.2 SEP 2 6 zals RESPONSIBLE ADULT USE OF MARIJUANA 36-2850,Definitions ARIZONA SECRE T A..RY OF STATE IN THIS CHAPTER,UNLESS TIIE CONTEXT REQUIRES OTHERWISE: 1, "ADVERTISE,""ADVERTISLIWENT'AND"ADVERTISING"MEAN ANY PUBLIC COMMUNICATION IN ANY MEDIUM THAT OFFERS OR SOLICITS A COMMERCIAL TRANSACTION INVOLVING THE SALE,PURCHASE OR DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS. 2, "CHILD-RESISTANT"MEANS DESIGNED OR CONSTRUCTED TO BE SIGNIFICANTLY DIFFICULT FOR CHILDREN UNDER FIVE YEARS OF AGE TO OPEN,AND NOT DIFFICULT FOR NORMAL ADULTS TO USE PROPERLY. 3. "CONSUNIE,""CONSUMING"AND"CONSUMPTION"MEAN THE ACT OF INGESTING,HALING OR OTHERWISE INTRODUCING MARIJUANA INTO THE HUMAN BODY. 4. "CONSUMER"MEANS AN INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND WHO PURCHASES MARIJUANA OR MARIJUANA PRODUCTS, 5. "CULTIVATE"AND"CULTIVATION"MEAN TO PROPAGATE,BREED,GROW,PREPARE AND PACKAGE MARIJUANA. 6. "DELIVER"AND"DELIVERY"MEAN THE TRANSPORTATION,TRANSFER OR PROVISION OF MARIJUANA OR MARIJUANA PRODUCTS TO A CONSUMER AT A LOCATION OTHER THAN TIIE DESIGNATED RETAIL LOCATION OF A MARIJUANA ESTABLISHMENT. 7. "DEPARTMENT'MEANS THE DEPARTMENT OF HEALTH SERVICES OR ITS SUCCESSOR AGENCY. S. "DESIGNATED CAREGIVER,""EXCLUDED FELONY OFFENSE,""INDEPENDENT THIRD-PARTY LABORATORY,""NONPROFIT MEDICAL MARIJUANA DISPENSARY,""NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT,"AND"QUALIFYING PATIENT"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36- 2801E 9. "DUAL LICENSEE"MEANS AN ENTITY TIIAT HOLDS BOTH A NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION AND A MARIJUANA ESTABLISHMENT LICENSE. 10. "EARLY APPLICANT'MEANS EITHER OF THE FOLLOWING: (a) AN ENTITY SEEKING TO OPERATE A MARIJUANA ESTABLISHMENT IN A COUNTY WITH FEWER THAN TWO REGISTT;RED NONPROFIT MEDICAL MARIJUANA DISPENSARIES. (b) A NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT IS REGISTERED AND IN GOOD STANDING WITH THE DEPARTMENT. 11. "EMPLOYEE,""EMPLOYER, "HEALTH CARE FACILITY,"AND"PLACES OF EMPLOYMENT"HAVE THE SAA'IE MEANINGS PRESCRIBED IN THE SMOKE-FREE ARIZONA ACT,SECTION 36-601.01. 12. "GOOD STANDING"MEANS THAT A NONPROFIT MEDICAL MARIJUANA DISPENSARY IS NOT THE SUBJECT OF A PENDING NOTICE OF INTENT TO REVOKE ISSUED BY THE DEPARTMENT. 13. "INDUSTRIAL HEMP"HAS THE SAME MEANING PRESCRIBED IN SECTION 3.311. 14. "LOCALITY"MEANS A CITY,TOWN OR COUNTY. 15. "MANUFACTURE"AND"MANUFACTURING"MEAN TO COMPOUND,BLEND,EXTRACT,INFUSE OR OTHERWISE MAKE OR PREPARE A MARIJUANA PRODUCT. 16. "MARIJUANA": (a) MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS,WHETHER GROWING OR NOT,AS WELL AS THE SEEDS FROM THE PLANT,THE RESIN EXTRACTED FROM ANY PART OF THE PLANT,AND EVERY COMPOUND,MANUFACTURE,SALT,DERIVATIVE,MIXTURE OR PREPARATION OF THE PLANT OR ITS SEEDS OR RESIN, Pagc 2 of 17 SEP 2 6 2019 (b) INCLUDES CANNABIS AS DEFINED IN SECTION 13-3401, IARIZONA SECRETARY OF S I ATE (c) DOES NOT INCLUDE INDUSTMAL HEMP,THE FIBER PRODUCED FROM THE STALKS OF THE PLANT OF THE GENUS CANNABIS,OIL OR CAKE MADE FROM THE SEEDS OF THE PLANT,STERILIZED SEEDS OF THE PLANI THAT ARE INCAPABLF OF GERMINATION,OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH MARIJUANA TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS,FOOD,DRINK OR OTHER PRODUCTS. 17. "MARIJUANA CONCEN'l RATE'': (a) MEANS RESIN EXTRACTED FROM ANY PART OF A PLANT OF THE GENIUS CANNABIS AND EVERY COMPOUND,MANUFACTURE,SALT,DERIVATIVE,MIXTURE OR PREPARATION OF THAT RESIN OR TE IRAHYDROCANNABINOL (b) DOES NOT INCLUDE INDUSTRIAL HEMP OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH CANNABIS TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS,FOOD,DRINK OR OTHER PRODUCTS. 18 "MARIJUANA ESTABLISHMENT'MEANS AN ENTITY LICENSED BY THE DEPARTMENT TO OPERATE ALL OF T1IE FOLLOWING: (a) A SINGLE RETAIL LOCATION AT WHICH THE LICENSEE MAY SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS,CULTIVATE MARIJUANA AND MANUFACTURE MARIJUANA PRODUCTS. (b) A SINGLE OFF-SITE CULTIVATION LOCATION AT WHICH THE LICENSEE MAY CULTIVATE MARIJUANA,PROCESS MARIJUANA AND MANUFACTURE MARIJUANA PRODUCTS,BUT FROM WHICH j MARIJUANA AND MARIJUANA PRODUCTS MAY NOT BE TRANSFERRED OR SOLD TO CONSUMERS. (c) 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 f AND MARIJUANA PRODUCTS MAY NOT BE TRANSFERRED OR SOLD TO CONSUMERS. 19. "MARIJUANA FACILITY AGENT'MEANS A PRINCIPAL OFFICER,BOARD MEMBER OR EMPLOYEE OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY WHO IS AT LEAST TWENTY-ONE YEARS OF AGE AND HAS NOT BEEN CONVICTED OF AN EXCLUDED FELONY OFFENSE. 20. "NIARIJUANA PRODUCTS"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 I 21. "MARIJUANA TESTING FACILITY"MEANS THE DEPARTMENT OR ANOTHER ENTITY THAT IS 1 LICENSED BY THE DEPARTMENT TO ANALYZE THE POTENCY OF MARIJUANA AND TEST MARIJUANA FOR 0 HARMFUL CONTAMINANTS. 22. "OPEN SPACE"MEANS A PUBLIC PARK,PUBLIC SIDEWALK,PUBLIC WALKWAY OR PUBLIC f PEDESTRIAN THOROUGHFARE. 23. "PROCESS"AND"PROCESSING"MEAN TO HARVEST,DRY,CURE,TRIM OR SEPARATE PARTS OF THE MARIJUANA PLANT. 24. "PUBLIC PLACE"HAS THE SAME MEANING PRESCRIBED IN THE SMOKE-FREE ARIZONA ACT, i SECTION 36-601,01. i 25. "SMOKE"MEANS TO INHALE,EXHALE,BURN,CARRY OR POSSESS ANY LIGHTED MARIJUANA OR LIGHTED MARIJUANA PRODUCTS,WHETHER NATURAL OR SYNTHETIC. 36-2851. r 'driving: i :cQnlrol of muoutv.smokin"I public placcs and open 5paces THIS CHAPTER: 1, DOES NOT RESTRICT THE RIGHTS OF EMPLOYERS TO MAINTAIN A DRUG-AND-ALCOHOL-FREE WORKPLACE OR AFFECT THE ABILITY OF EMPLOYERS TO HAVE WORKPLACE POLICIES RESTRICTING THE USE OF MARIJUANA BY EMPLOYEES OR PROSPECTIVE EMPLOYEES. 2. DOES NOT REQUIRE AN EMPLOYER TO ALLOW OR ACCOMMODATE THE USE,CONSUMPTION, POSSESSION,'TRANSFER,DISPLAY,TRANSPORTATION,SALE OR CULTIVATION OF MARIJUANA IN A PLACE OF EMPLOYMENT. 3. DOES NOT ALLOW DRIVING,FLYING OR BOATING WHILE IMPAIRED TO EVEN THE SLIGHTEST DEGREE BY MARIJUANA OR PREVENT THIS STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING, FLYING OR BOATING WHILE IMPAIRED TO EVEN THE SLIGHTEST DEGREE BY MARIJUANA. 4. DOES NOT ALLOW AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OF AGE TO PURCHASE, POSSESS,TRANSPORT OR CONSUME MARIJUANA OR MARIJUANA PRODUCTS. 5. DOES NOT ALLOW THE SALE,TRANSFER OR PROVISION OF MARIJUANA OR MARIJUANA PRODUCTS TO AN INDIVIDUAL WHO IS UNDER TWENTY-ONE YEARS OF AGE. 6. DOES NOT RESTRICT THE RIGHTS OF EMPLOYERS,SCHOOLS,DAY CARE CENTERS,ADULT DAY CARE FACILITIES,HEALTH CARE FACILITIES OR CORRECTIONS FACILITIES TO PROHIBIT OR REGULATE CONDUCT OTHERWISE ALLOWED BY THIS CHAPTER WHEN SUCH CONDUCT OCCURS ON OR IN TI[EIR PROPERTIES. 7. DOES NOT RESTRICT THE ABILITY OF AN INDIVIDUAL,PARTNERSHIP,LIMITED LIABILITY COMPANY,PRIVATE CORPORATION,PRIVATE ENTITY OR PRIVATE ORGANIZATION OF ANY CHARACTER THAT Page 3 of 17 OCCUPIES,OWNS OR CONTROLS PROPERTY TO PROHIBIT OR REGULATE CONDUCT OTHERWISE ALLOWED BY THIS CHAPTER ON OR IN SUCH PROPERTY. 8. DOES NOT ALLOW ANY PERSON TO: (a) SMOKE MARIJUANA IN A PUBLIC PLACE OR OPEN SPACE. (b) CONSUME MARIJUANA OR MARIJUANA PRODUCT'S WHILE DRIVING,OPERATING OR RIDING IN THE PASSENGER SEAT OR COMPARTMENT OF AN OPERATING MOTOR VFHICLE,BOAT,VESSEL,AIRCRAFT OR ANOTHER VEHICLE USED FOR TRANSPORTATION. 9. DOES NOT PROHIBIT THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE FROM PROHIBITING OR REGULATING CONDUCT OTHERWISE-ALLOWED BY THIS CHAPTER WHEN SUCH CONDUCT OCCURS ON OR IN PROPERTY THAT IS OCCUPIED,OWNED,CONTROLLED OR OPERATED BY THIS STATE OR A POLITICAL SU13DMSION OF THIS STATE, 10. DOES NOT AUTHORIZE A PERSON TO PROCESS OR MANUFACTURE MARIJUANA BY MEANS OF ANY LIQUID OR GAS,OTHER THAN ALCOHOL,THAT HAS A FLASHPOINT BELOW ONE HUNDRED DEGREES FAHRENHEIT,UNLESS PERFORMED BY A MARIJUANA ESTABLISHMENT. IL. DOES NOT REQUIRE A PERSON TO VIOLATE FEDERAL LAW OR TO IMPLEMENT OR FAIL TO IMPLEMENT A RESTRICTION ON THE POSSESSION,CONSUMPTION,DISPLAY,TRANSFER,PROCESSING, MANUFACTURING OR CULTIVATION OF MARIJUANA IF BY SO DOING THE PERSON WILL LOSE-A MONETARY OR LICENSING-RELATED BENEFIT UNDER FEDERAL LAW. 12. DOES NOT SUPERSEDE OR ELIMINATE ANY EXISTING RIGHTS OR PRIVILEGES OF ANY PERSON EXCEPT AS SPECIFICALLY SET FORTH IN THIS CHAPTER. 13. DOES NOT LIMIT ANY PRIVILEGE OR RIGHT OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY UNDER CHAPTER 28.1 OF THIS TITLE EXCEPT AS EXPRESSLY SET FORTH IN THIS CHAPTER. 14. DOES NOT LIMIT ANY PRIVILEGE OR RIGHT OF A QUALIFYING PATIENT OR DESIGNATED CAREGIVER UNDER CHAPTER 28.1 OF THIS TITLE. 36-2852.Allowable possession_andr o f mari'uana.marjuatia producLa and ma6*uana paraphmnlin A. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED IN SECTIONS 36.2851 AND 36-2853 AND NOTWITHSTANDING ANY OTHER LAW,THE FOLLOWING ACTS BY AN INDIVIDUAL WHO 1S AT LEAST TWENI'Y- ONE YEARS OF AGE ARE LAWFUL,ARE NOT AN OFFENSE UNDER THE LAWS OF THIS STATE OR ANY LOCALITY, MAY NOT CONSTITUTE THE BASIS FOR DETENTION,SEARCH OR ARREST,AND CANNOT SERVE AS THE SOLE BASIS FOR SEIZURE OR FORFEITURE OF ASSETS,FOR I]VPOSING PENALTIES OF ANY KIND UNDER THE LAWS OF THIS STATE OR ANY LOCALITY OR FOR ABROGATING OR LIMITING ANY RIGHT OR PRIVILEGE CONFERRED OR PROTECTED BY THE LAWS OF THIS STATE OR ANY LOCALITY: I. POSSESSING,CONSUMING,PURCHASING,PROCESSING,MANUFACTURING BY MANUAL OR MECHANICAL MEANS,INCLUDING SIEVING OR ICE WATER SEPARATION BUT EXCLUDING CHEMICAL EXTRACTION OR CHEMICAL SYNTHESIS,OR TRANSPORTING ONE OUNCE OR LESS OF MARIJUANA,EXCEPT THAT NOT MORE TITAN FIVE GRAMS OF MARIJUANA MAY BE IN THE FORM OF MARIJUANA CONCENTRATE. 2 POSSESSING,TRANSPORTING,CULTIVATING OR PROCESSING NOT MORE TITAN SIX MARIJUANA PLANTS FOR PERSONAL USE AT THE INDIVIDUAL'S PRIMARY RESIDENCE,AND POSSESSING,PROCESSING AND MANUFACTURING BY MANUAL OR MECHANICAL MEANS,INCLUDING SIEVING OR ICE WATER SEPARATION BUT EXCLUDING CHEMICAL EXTRACTION OR CHEMICAL SYNTHESIS,THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE MARIJUANA PLANTS WERE GROWN IF ALL OF THE FOLLOWING APPLY: (a) NOT MORE THAN TWELVE PLANTS ARE PRODUCED AT SINGLE RESIDENCE WHFRF TWO OR MORE INDIVIDUALS WHO ARE AT LEAST TWI_NTY-ONE YEARS OF AGE RESIDE AT ONE TIME. (b) CULTIVATION TAKES PLACE WITHIN A CLOSET,ROOM,GREENHOUSE OR OTHER ENCLOSED AREA ON THE GROUNDS OF THE RESIDENCE EQUIPPED WITH A LOCK OR OTHER SECURITY DEVICE THAT PREVENTS ACCESS BY MINORS. (c) CULTIVATION TAKES PLACE IN AN AREA WHERE THE MARIJUANA PLANTS ARE NOT VISIBLE FROM PUBLIC VIEW WITHOUT USING BINOCULARS,AIRCRAFT OR OTHER OPTICAL AIDS. 3. TRANSFERRING ONE OUNCE OR LESS OF 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 ADVERTISED OR PROMOTED 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 REMUNERATION AND IS NOT ADVERTISED OR PROMOTED TO THE.PUBLIC. 5. ACQUIRING,POSSESSING,MANUFACTURING,USING,PURCHASING,SELLING OR TRANSPORTING' PARAPHERNALIA RELATING TO THE CULTIVATION,MANUFACTURE,PROCESSING OR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS. nn d L� Page 4 of 17 SEP 2 6 2019 ARIZONA SECRETARY OF STATE 6. ASSISTING ANOTHER INDIVIDUAL WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IN ANY OF THE ACTS DESCRIBED IN THIS SUBSECTION. B. NOTWITIISTANDING ANY OTHER LAW,A PERSON WITH METABOLITES OR COMPONENTS OF (MARIJUANA IN THE PERSON'S BODY 1S GUILTY OF VIOLATING SECTION 28-1381,SUBSECTION A,PARAGRAPH 3 ONLY IF THE PERSON IS ALSO IMPAIRED TO THE SLIGHTEST DEGREE. C. NOTWITHSTANDING ANY OTHER LAW,THE ODOR OF MARIJUANA OR BURNT MARIJUANA DOES NOT BY ITSELF CONSTITUTE REASONABLE ARTICULABLE SUSPICION OF A CRIME. THIS SUBSECTION DOES NOT APPLY WHEN A LAW ENFORCEMENT OFFICER IS INVESTIGATING WHETHER A PERSON HAS VIOLATED SECTION 28-1381. 36-2853.Violati ns•c a ' c i ]penaky-,-addiligilal fim enforcmem A. NOTWITHSTANDING ANY OTHER LAW AND EXCEPT AS OTHERWISE PROVIDED W THIS CHAPTER, A PERSON WHO POSSESSES AN AMOUNT OF MARIJUANA GREATER THAN THE AMOUNT ALLOWED PURSUANT TO SECTION 36-2852,BUT NOT MORE THAN TWO AND ONE-HALF OUNCES OF MARIJUANA,OF WHICH NOT MORE THAN TWELVE-AND ONE-HALF GRAMS IS IN THE FORM OF MARIJUANA CONCENTRATE, IS GUILTY OF A PETTY OFFENSE. B. NOTWITHSTANDING ANY OTHER LAW,A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO POSSESSES,CONSUMES,TRANSPORTS OR TRANSFERS WITHOUT REMUNERATION ONE OUNCE OR LESS OF MARIJUANA,OF WHICH NOT MORE THAN FIVE GRAMS IS IN THE FORM OF MARIJUANA CONCENTRATE, OR PARAPHERNALIA RELATING TO THE CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS: 1. FOR A FIRST VIOLATION,SHALL PAY A CIVIL PENALTY OF NOT MORE THAN$100 TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856 AND 1N THE COURT'S DISCRETION MAY BE ORDERED TO ATTEND UP TO FOUR HOURS OF DRUG EDUCATION OR COUNSELING. 2, FOR A SECOND VIOLATION,IS GUILTY OF A PETTY OFFENSE,AND IN THE COURT'S DISCRETION MAY BE ORDERED TO ATTEND UP TO EIGHT HOURS OF DRUG EDUCATION OR COUNSELING, 3. FOR A THIRD OR SUBSLQUENT VIOLATION,IS GUILTY OF A CLASS 1 MISDEMEANOR. C. A PERSON WHO SMOKES MARIJUANA IN A PUBLIC PLACE OR OPEN SPACE IS GUILTY OF A PETTY OFFENSE, D. EXCEPT AS OTHERWISE PROVIDED IN CHAPTER 28,1 OF THIS TITLE AND NOTWITHSTANDING ANY OTHER LAW,ANY UNLICENSED PERSON WHO CULTIVATES MARIJUANA PLANTS PURSUANT TO SECTION 36-2852 WHERE THEY ARE VISIBLE FROM PUBLIC VIEW WITHOUT USING BINOCULARS,AIRCRAFT OR OTHER OPTICAL AIDS OR OUTSIDE OF AN ENCLOSED AREA THAT IS EQUIPPED WITH A LOCK OR OTHER SECURITY DEVICE THAT PREVENTS ACCESS BY MINORS IS GUILTY OF: 1 FOR A FIRST VIOLATION,A PETTY OFFENSE. 2. FOR A SECOND OR SUBSEQUENT VIOLATION,A CLASS 3 MISDEMEANOR. E. A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO MISREPRESENTS THE PERSON'S AGE TO ANY OTHER PERSON BY MEANS OF A WRITTEN INSTRUMENT OF IDENTIFICATION OR WHO USES A FRAUDULENT OR FALSE WRITTEN INSTRUMENT OF IDENTIFICATION WITH THE INTENT TO INDUCE A PERSON TO SELL OR OTHERWISE TRANSFER MARIJUANA OR A MARIJUANA PRODUCT TO THE PERSON WIIO IS UNDER TWENTY-ONE YEARS OF AGE IS GUILTY OF: 1 FOR A FIRST VIOLATION,A PETIY OFFENSE 2 FOR A SECOND OR SUBSEQUENT VIOLATION,A CLASS l MISDEMEANOR. F, A PERSON WHO IS CINDER TWENTY-ONE YEARS OF AGE AND WHO SOLICITS ANOTHER PERSON TO PURCHASE MARIJUANA OR A MARIJUANA PRODUCT IN VIOLATION OF THIS CHAPTER IS GUILTY OF: 1. FOR A FIRST VIOLATION,A PETTY OFFENSE 2. FOR A SECOND OR SUBSEQUENT VIOLATION,A CLASS 3 MISDEMEANOR. 36-2854.Rules licelisin2e carlY apPlicnism ee •v' cna t •Irgal c u[ el A. THE DEPARTMENT SHALL ADOPT RULES TO lMPLEIvIENT AND ENFORCE THIS CHAPTER AND REGULATE MARIJUANA,MARIJUANA PRODUCTS,MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES. THOSE RULES SHALL INCLUDE REQUIREMENTS FOR: 1. LICENSING MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES,INCLUDING CONDUCTING INVESTIGATIONS AND BACKGROUND CHECKS TO DETERMINE ELIGIBILITY FOR LICENSING FOR MARIJUANA ESTABLISIMENT AND MARIJUANA TESTING FACILITY APPLICANTS,EXCEPT THAT: (a) AN APPLICATION FOR A MARIJUANA 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 THAT IS A PUBLICLY TRADED CORPORATION. _ L �V Page 5 of 17 SEP 2 6 20i9 �r"70k!�rrl,r rT'c�v OF SIATE (b) THE DEPARTMENT MAY NOT ISSUE MORE THAN ONE MARIJUANA ESTABLISHMENT LICENSE FOR EVERY TEN PHARMACIES THAT HAVE REGISTERED UNDER SECTION 32-1929,THAT HAVE 013TAINED A PHARMACY PERMIT FROM THE ARIZONA BOARD OF PHARMACY AND THAT OPERATE WITHIN THIS STATE. (c) NOTWITHSTANDING SUBDIVISION(b)OF THIS PARAGRAPH,THE DEPARTMENT MAY ISSUE A MARIJUANA ESTABLISHMENT LICENSE TO NOT MORE THAN 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 MEDICAL MARIJUANA DISPENSARY. ANY LICENSE ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE FOR A FIXED COUNTY AND MAY NOT BE RELOCATED OUTSIDE OF THAT COUNTY. (d) THE DEPARTMENT SHALL ACCEPT APPLICATIONS FOR MARIJUANA ESTABLISHMENT LICENSES FROM EARLY APPLICANTS BEGINNING JANUARY 19,2021 THROUGH MARCH 9,2U21. NOT LATER THAN SIXTY DAYS AFTER RECEIVING AN APPLICATION PURSUANT TO THIS SUBDIVISION,THE DEPARTMENT SIEALL ISSUE A MARIJUANA ESTABLISHMENT LICENSE TO EACH QUALIFIED EARLY APPLICANT.IF THE DEPARTMENT HAS NOT ADOPTED FINAL RULES PURSUANT TO THIS SECTION AT THE TIME MARIJUANA ESTABLISHMENT LICENSES ARE ISSUED PURSUANT TO THIS SUBDIVISION,LICENSEES SHALL COMPLY WITH THE RULES ADOPTED BY THE DEPARTMENT TO IMPLEMENT CHAPTER 28.1 OF THIS TITLE EXCEPT THOSE THAT ARE INCONSISTENT WITH THIS CHAPTER. (e) AFTER ISSUING MARIJUANA ESTABLISHMENT LICENSES TO QUALIFIED EARLY APPLICANTS,THE DEPARTMENT SHALL ISSUE MARIJUANA ESTABLISHMENT LICENSES AVAILABLE UNDER SUBDIVISIONS(b)AND (c)OF THIS PARAGRAPH BY RANDOM SELECTION AND ACCORDING TO RULES ADOPTED PURSUANT TO THIS SECTION. AT LEAST SIXTY DAYS PRIOR TO ANY RANDOM SELECTION,THE DEPARTMENT SHALL PROMINENTLY PUBLICIZE THE RANDOM SELECTION ON ITS WEBSITE AND THROUGH OTHER MEANS OF GENERAL DISTRIBUTION INTENDED TO REACH AS MANY INTERESTED PARTIES AS POSSIBLE AND SHALL PROVIDE NOTICE THROUGII AN EMAIL NOTIFICATION SYSTEM TO WHICH INTERESTED PARTIES CAN SUBSCRIBE. (f) NOTWITHSTANDING SUBDIVISIONS(b)AND(c)OF THIS PARAGRAPH,AND NO LATER THAN SIX MONTHS A=THE DEPARTMENT ADOPTS FINAL RULES TO IIvII'LEMENT A SOCIAL EQUITY OWNERSHIP PROGRAM PURSUANT TO PARAGRAPH 9 OF THIS SUBSECTION,THE DEPARTMENT SHALL ISSUE TIVENTY-SIX ADDITIONAL MARIJUANA ESTABLISHMENT LICENSES TO ENTITIES THAT ARE QUALIFIED PURSUANT TO THE SOCIAL EQUITY OWNERSHIP PROGRAM. (g) LICENSES ISSUED BY THE DEPARTMENT TO MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES SHALL BE VALID FOR A PERIOD OF TWO YEARS. 2. LICENSING FEES AND RENEWAL FEES FOR MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES IN AMOUNTS THAT ARE REASONABLE AND RELATED TO THE ACTUAL COST OF PROCESSING APPLICATIONS FOR LICENSES AND RENEWALS AND THAT DO NOT EXCEED FIVE TIMES THE FEES PRESCRIBED BY THE DEPARTMENT TO REGISTER OR RENEW A NONPROFIT'MEDICAL.MARIJUANA DISPENSARY. 3. THE SECURITY OF MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES. 4. MARIJUANA ESTABLISHMENTS TO SAFELY CULTIVATE,PROCESS AND MANUFACTURE MARIJUANA AND MARIJUANA PRODUCTS. 5. TRACKING,TESTING,LABELING AND PACKAGING MARIJUANA AND MARIJUANA PRODUCT'S, INCLUDING REQUIREMENTS THAT MARIJUANA AND MARIJUANA PRODUCTS BE: (a) SOLD TO CONSUMERS IN CLEARLY AND CONSPICUOUSLY LABELED CONTAINERS THAT CONTAIN ACCURATE WARNINGS REGARDING THE USE OF MARIJUANA OR MARIJUANA PRODUCTS, (b) PLACED IN CHILD-RESISTANT PACKAGING ON EXIT FROM A MARIJUANA ESTABLISHMENT. 6. FORMS OF GOVERNMENT-ISSUED IDENTIFICATION THAT ARE ACCEPTABLE BY A MARIJUANA ESTABLISHMENT VERIFYING A CONSUMER'S AGE AND PROCEDURES RELATED TO VERIFYING A CONSUMER'S AGE CONSISTENT WITH SECTION 4-241.UNTIL THE DEPARTMENT ADOPTS FINAL RULES RELATED TO VERIFYING A CONSUMER'S AGE,MARIJUANA ESTABLISHMENTS SHALL COMPLY WITH THE PROOF OF LEGAL AGE REQUIREMENTS PRESCRIBED IN SECTION 4-241. 7. THE POTENCY OF EDIBLE MARIJUANA PRODUCTS THAT MAY BE SOLD TO CONSUMERS BY MARIJUANA ESTABLISHMENTS AT REASONABLE LEVELS UPON CONSIDERATION OF INDUSTRY STANDARDS, EXCEPT THAT THE RULES: (a) SHALL LIMIT THE STRENGTH OF EDIBLE MARIJUANA PRODUCTS TO NO MORE THAN TEN MILLIGRAMS OF TETRAHYDROCANNABINOL PER SERVING OR ONE HUNDRED MILLIGRAMS OF T1 tRAI IYDROCANNABINOL PER PACKAGE. (b) 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 DISBURSEMENT THROUGHOUT THE MARIJUANA PRODUCT. 8. ENSURING THE HEALTH,SAFETY AND TRAINING OF EMPLOYEES OF MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES. F� SEP Pagc 6 oC17 2019 ARIZONA SECRETARY OF STATE L 6 2MARY OF STATE 9. THE CREATION AND IMPLEMENTATION OF A SOCIAL EQUITY OWNERSHIP PROGRAM TO PROMOTE THE OWNERSHIP AND OPERATION OF MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES BY INDIVIDUALS FROM COMMUNITIES DISPROPORTIONATELY IMPACTED BY THE ENFORCEMENT OF PREVIOUS MARIJUANA LAWS. B. THE DEPARTMENT MAY: 1. SUBJECT TO TITLE 41,CHAPTER 6,ARTICLE 10,DENY ANY APPLICATION SUBMITTED OR DENY, SUSPEND OR REVOKE,IN WHOLE OR IN PART,ANY REGISTRATION OR LICENSE ISSUED UNDER THIS CHAPTER IF THE REGISTERED OR LICENSED PARTY OR AN OFFICER,AGENT OR EMPLOYEE OF THE REGISTERED OR LICENSED PARTY DOES ANY OF THE FOLLOWING: (a) VIOLATES THIS CHAPTER OR ANY RULE ADOPTED PURSUANT TO THIS CHAPTER. (b) HAS BEEN,IS OR MAY CONTINUE TO BE IN SUBSTANTIAL VIOLATION OF THE REQUIREMENTS FOR LICENSING OR REGISTRATION AND,AS A RESULT,THE HEALTH OR SAFETY OF THE GENERAL PUBLIC IS IN IMMEDIATE DANGER. 2, SUBJECT TO TITLE 41,CHAPTER 6,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 AMOUNT OF ANY ASSESSMENT IS$25,000 FOR ANY THIRTY-DAY PERIOD. IN DETERMINING THE AMOUNT OF A f 1 CIVII.PENALTY ASSESSED AGAINST A PERSON,THE DEPARTMENT SHALL CONSIDER ALL OF THE FACTORS SET 1 FORTH IN SECTION 36-2816,SUBSECTION H. ALL CIVIL PENALTIES COLLECTED BY THE DEPARTMENT PURSUANT 1 TO THIS PARAGRAPH SHALL BE DEPOSITED IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. 1 3. AT ANY TIME DURING REGULAR HOURS OF OPERATION,VISIT AND INSPECT A MARIJUANA ESTABLISHMENT,MARIJUANA TESTING FACIi_iTY OR DUAL LICENSEE-TO DETERMINE IF IT COMPLIES WITH THIS CHAPTER AND RULES ADOPTED PURSUANT TO THIS CHAPTER.THE DEPARTMENT SHALL MAKE AT LEAST ONE UNANNOUNCED VISIT ANNUALLY TO EACH FACILITY LICENSED PURSUANT TO THIS CHAPTER. 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 OF MARIJUANA AND MARIJUANA PRODUCTS, C. UNTIL THE DEPARTMENT ADOPTS RULES PERMITTING AND REGULATING DELIVERY BY r� MARIJUANA ESTABLISHMENTS PURSUANT TO SUBSECTION D OF THIS SECTION,DELIVERY 1S UNLAWFUL UNDER THIS CHAPTER. D. ON OR AFTER JANUARY 1,2023,THE DEPARTMENT MAY,AND NO LATER THAN JANUARY 1,2025 THE DEPARTMENT SHALL,ADOPT RULES TO PERMIT AND REGULATE DELIVERY BY MARIJUANA ESTABLISHMENTS. THE RULES SHALL: I, REQUIRE THAT DELIVERY AND THE MARIJUANA AND MARIJUANA PRODUCTS TO BE DELIVERED ORIGINATE FROM A DESIGNATED RETAIL LOCATION OF A MARIJUANA ESTABLISHMENT AND ONLY AFTER AN ORDER IS MADE WITH TT-IE MARIJUANA ESTABLISHMENT BY A CONSUMER. 2. PROIHBIT DELIVERY TO ANY PROPERTY OWNED OR LEASED BY THE UNITED STATES,THIS STATE,A POLITICAL SUBDIVISION OF THIS STATE OR THE ARIZONA BOARD OF REGENTS, 3. LIMIT THE AMOUNT OF MAR.LIUANA AND MARIJUANA PRODUCTS BASED ON RETAIL PRICE TIIAT MAY BE IN A DELIVERY VEHICLE DURING A SINGLE TRIP FROM THE DESIGNATED RETAIL LOCATION OF A MARIJUANA ESTABLISHMENT. 4. PROHIBIT EXTRA OR UNALLOCATED MARIJUANA OR MARIJUANA PRODUCTS IN DELIVERY VEHICLES. 5. REQUIRE THAT DELIVERIES BE MADE ONLY BY MARIJUANA FACILITY AGENTS IN UNMARKED VEHICLES THAT ARE EQUIPPED WITH A GLOBAL POSITIONING SYSTEM OR SIMILAR LOCATION TRACKING SYSTEM AND VIDEO SURVEILLANCE AND RECORDING EQUIPMENT,AND THAT CONTAIN A LOCKED COMPARTMENT IN WHICH MARIJUANA AND MARIJUANA PRODUCTS MUST BE STORED. 6. REQUIRE DELIVERY LOGS NECESSARY TO ENSURE COMPLIANCE WITH THIS SUBSECTION AND RULES ADOPTED PURSUANTTO THIS SUBSECTION. 7. REQUIRE INSPECTIONS TO ENSURE COMPLIANCE WITH THIS SUBSECTION AND RULES ADOPTED PURSUANT TO THIS SUBSECTION. 8. INCLUDE ANY OTHER PROVISIONS NECESSARY TO ENSURE SAFE AND RESTRICTED DELIVERY. 9. REQUIRE DUAL LICENSEES TO COMPLY WITH THE RULES ADOPTED PURSUANT TO THIS SUBSECTION. E EXCEPT AS PROVIDED IN SUBSECTION D OF THIS SECTION,THE DEPARTMENT MAY NOT PERMIT DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS UNDER THIS CHAPTER BY ANY INDIVIDUAL OR ENTITY. IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW,AN INDIVIDUAL OR ENTITY THAT DELIVERS MARIJUANA OR MARIJUANA PRODUCTS IN A MANNER THAT IS NOT AUTHORIZED BY THIS CHAPTER SHALL PAY Page 7 of 17 A CIVIL PENALTY OF$20,000 PER VIOLATION TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. TRIS SUBSECTION MAY BE ENFORCED BY THE ATTORNEY GENERAL. F ALL RULES ADOPTED BY THE DEPARTMENT PURSUANT TO THIS SECTION SHALL BE CONSIS'ITN l WITH THE PURPOSE OF THIS CHAPTER. G THE DEPARTMENT MAY NOI ADOPT ANY RULE THAT: 1 PROHIBITS THE OPERATION OF MARIJUANA ESTABLISHMENTS,EITHER EXPRESSLY OR TITROUGH REQUIREMENTS THAT MAKE THE OPERATION OF A MARIJUANA ESTABLISHMENT UNDULY BURDENSOME. 2 PROHIBITS OR INTERFERES WITH THE ABILITY OF A DUAL LICENSEE TO OPERATE A MARIJUANA ESTABLISHMENT AND A NONPROFIT MEDICAL MARIJUANA DISPENSARY AT SHARED LOCATIONS. H. NOTWITHSTANDING SECTION 41-192,THE DEPARTMENT MAY EMPLOY LEGAL COUNSEL AND MAKE AN EXPENDITURE OR INCUR AN INDEBTEDNESS FOR LEGAL SERVICES FOR THE PURPOSES OF: I DEFENDING THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER. 2 DEFENDING CHAPTER 28,1 OF THIS TITLE OR RULES ADOPTED PURSUANT TO CHAPTER 28.1 OF THIS TITLE. I. THE DEPARTMENT SHALL DEPOSIT ALL LICENSE FEES,APPLICATION FEES AND RENEWAL FEES PAID TO THE DEPARTMENT PURSUANT TO THIS CHAPTER IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. J. ON REQUEST,THE DEPARTMENT 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. K. NOTWI LISTANDING ANY OTHER LAW,THE DEPARTMENT MAY: I. LICENSE AN INDEPENDENT THIRD-PARTY LABORATORY TO ALSO OPERATE AS A MARIJUANA TESTING FACILITY. 2. OPERATE A MARIJUANA TESTING FACILITY. L. THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A CURRENT LIST OF ALL MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES BY NAME AND LICENSE NUMBER M NOTWITHSTANDING ANY OTHER LAW,THE ISSUANCE OF AN OCCUPATIONAL,PROFESSIONAL OR OTHER REGULATORY LICENSE OR CERTIFICATION TO A PERSON BY A JURISDICT10N OR REGULATORY AUITIORITY OUTSIDE THIS STATE DOES NOT ENTITLE THAT PERSON TO BE ISSUED A MARIJUANA ESTABLISHMENT LICENSE,A MARIJUANA TESTING FACILITY LICENSE,OR ANY OTHER LICENSE,REGISTRATION OR CERTIFICATION UNDER THIS CHAPTER. 36-2855,h1a66uana facility_agcnt5:rcyis(rationt card;ruic5 A. A MARIJUANA FACILITY AGENT SHALL BE REGISTERED WITH THE DEPARTMENT 13E ORE WORKING AT A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY, B. A PERSON WHO WISHES TO BE REGISTERED AS A MARIJUANA FACILITY AGENT OR RENEW THE PERSON'S REGISTRATION AS A MARIJUANA FACILITY AGENT SHALL: 1, SUBMIT A COMPLETED APPLICATION ON A FORM PRESCRIBED BY THE DEPARTMENT AND PAY A NONREFUNDABLE FEE THAT IS REASONABLE AND RELATED TO THE ACTUAL COST OF PROCESSING APPLICATIONS SUBMITTED PURSUANT TO THIS SECTION. 2. SUBMIT EVIDENCE THAT THE APPLICANT HOLDS A CURRENT LEVEL 1 FINGERPRINT CLEARANCE CARD ISSUED PURSUANT TO SECTION 41-1758.07,OR SUBMIT A FULL SET OF THE APPLICANT'S FINGERPRINTS FOR THE PURPOSE OF OBTAINING A STATE AND FEDERAL CRIMINAL RECORDS CHECK PURSUANT TO SECTION 41-1750 AND PUBLIC LAW 92-544. THE DEPARTMENT OF PUBLIC SAFETY MAY EXCHANGE THIS FINGERPRINT DATA WITH THE FEDERAL BUREAU OF INVESTIGATION WITHOUT DISCLOSING THAT THE RECORDS CHECK IS RELATED TO THIS CHAPTER AND ACTS ALLOWED BY THIS CHAPTER. THE DEPARTMENT OF PUBLIC SAFETY SHALL DESTROY EACH SET OF FINGERPRINTS AFTER THE CRLMINAL RECORDS CHECK IS COMPLETED. C. IF THE DEPARTMENT DETERMINES THAT AN APPLICANT MEETS THE CRITERIA FOR REGISTRATION UNDER THIS CHAPTER AND RULES PURSUANT TO THIS CIIAPTER,THE DEPARTMENT SHALL ISSUE THE APPLICANT A MARIJUANA FACILITY AGENT CARD THAT IS VALID FOR TWO YEARS. D. A REGISTERED MARIJUANA FACILITY AGENT MAY BE EMPLOYED BY OR ASSOCIATED WITH ANY MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY.A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY SHALL PROMPTLY NOTIFY THE DEPARTMENT WHEN IT EMPLOYS OR BECOMES ASSOCIATED WITH A NEW MARIJUANA FACILITY AGENT.A MARIJUANA FACILITY AGENT SHALL PROMPTLY NOTIFY THE-DEPARTMENT WHEN THE MARIJUANA FACILITY AGENT IS EMPLOYED BY OR BECOMES ASSOCIATED WITH A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY AND WHEN THE MARIJUANA FACILITY AGENT IS NO LONGER EMPLOYED BY OR ASSOCIATED 1VITR A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY. Page 8 of 17 SEP 2 6 2019 ARIZONA SECRETARY OF STATE E A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT OF A DUAL LICENSEE WHO HAS APPLIED TO BE REGISTERED AS A MARIJUANA FACILITY AGENT MAY SERVE AS A MARIJUANA FACILITY AGENT OF THAT DUAL LICENSEE UNTIL THE DEPARTMENT HAS APPROVED OR REJECTED THE AGENT'S APPLICATION F THE DEPARTMENT SHALL ADOPT RULES TO IMPLEMENT THIS SECTION. 36-2856 Smart and safe Arizona fund,disposition:exemption 1 A. THE SMART AND SAFE ARIZONA FUND IS ESTABLISHED CONSISTING OF ALL MONIES DEPOSITED {l PURSUANT TO SECTIONS 36-2954,42-5452 AND 42-5503,PRIVATE DONATIONS AND INTEREST EARNED ON THOSE MONIES. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED. MONIES IN THE FUND AND ITS ACCOUNTS MAY NOT BE TRANSFERRED TO ANY OTHER FUND EXCEPT AS PROVIDED IN THIS SECTION,DO NOT REVERT TO THE STATE GENERAL FUND AND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO THE LAPSING OF APPROPRIATIONS.THE STATE TREASURER SHALL ADMINISTER THE FUND. B ALL MONIES IN THE SMART AND SAFE ARIZONA FUND MUST FIRST BE SPENT,AND THE STATE TREASURER SHALL TRANSFER MONIES FROM THE FUND,TO PAY: k 1 l TIIE ACTUAL REASONABLE COSTS INCURRED BY THE DEPARTMENT TO IMPLEMENT,CARRY OUT AND ENFORCE THIS CHAPTER AND RULES ADOPTED PURSUANT TO THIS CHAPTER. 2. THE ACTUAL REASONABLE COSTS INCURRED BY THE DEPARTMENT OF REVENUE TO IMPOSE AND ENFORCE THE TAX AUTHORIZED AND LEVIED BY SECTION 42-5452. a 3. THE ACTUAL REASONABLE COSTS INCURRED BY THE SUPREME COURT AND THE DEPARTMENT ' OF PUBLIC SAFETY TO PROCESS PETITIONS FOR EXPUNGEMENT AND EXPUNGEMENT ORDERS PURSUANT TO SECTION 36-2862 AND TO OTHERWISE IMPLEMENT SECTION 36-2862. 4 THE ACTUAL REASONABLE COSTS INCURRED BY THE STATE TREASURER TO ADMINISTER THE FUND 5 ANY OTHER MANDATORY EXPENDITURE OF STATE REVENUES REQUIRED BY THIS CHAPTER TO IMPLEMENT OR ENFORCE THE PROVISIONS OF THIS CHAPTER. C THE STATE TREASURER MAY PRESCRIBE FORMS NECESSARY TO MAKE TRANSFERS FROM THE SMART AND SAFE ARIZONA FUND PURSUANT TO SUBSECTION B OF THIS SECTION. D. ON OR BEFORE JUNE 30 AND DECEMBER 31 OF EACH YEAR,THE STATE TREASURER SHALL TRANSFER ALL MONIES IN THE SMART AND SAFE ARIZONA FUND IN EXCESS OF THE AMOUNTS PAID PURSUANT l TO SUBSECTION B OF THIS SECTION AS FOLLOWS: I. 33 PERCENT TO COMMUNITY COLLEGE DISTRICTS AND PROVISIONAL COMMUNITY COLLEGE DISTRICTS,BUT NOT TO COMlaJNTTY COLLEGE TUITION FINANCING DISTRICTS ESTABLISHED PURSUANT TO SECTION 15-1409,FOR THE PURPOSES OF INVESTING IN AND PROVIDING WORKFORCE DEVELOPMENT PROGRAMS,JOB TRAINING,CAREER AND TECHNICAL EDUCATION,AND SCIENCE,TECHNOLOGY,ENGINEERING AND MATH PROGRAMS,AS FOLLOWS: (a) 15 PERCENT OF THE 33 PERCENT DIVIDED EQUALLY BETWEEN EACH COMMUNITY COLLEGE DISTRICT. (b) 0.5 PERCENT OF THE 33 PERCENT DIVIDED EQUALLY BETWEEN EACH PROVISIONAL COMMUNITY COLLEGE DISTRICT,IF ONE OR MORE PROVISIONAL COMMUNITY COLLEGE DISTRICTS EXIST. (c) THE REMAINDER TO COMMUNITY COLLEGE DISTRICTS AND PROVISIONAL COMMUNITY COLLEGES DISTRICTS IN PROPORTION TO EACH DISTRICT'S FULL-TINIE EQUIVALENT STUDENT ENROLLMENT l PERCENTAGE OF THE TOTAL STATEWIDE AUDITED FULL-TIME EQUIVALENT STUDENT ENROLLMENT IN THE PRECEDING FISCAL YEAR PRESCRIBED IN SECTION 15-1466 01. 2. 31.4 PERCENT TO MUNICIPAL POLICE DEPARTMENTS,MUNICIPAL FIRE DEPARTMENTS,FIRE DISTRICTS ESTABLISHED PURSUANT TO TITLE 48,CHAPTER 5 AND COUNTY SHERIFFS'DEPARTMENT'S IN PROPORTION TO TTIF NUMBER OF ENROLLED MEMBERS FOR EACH SUCH AGENCY IN THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM ESTABLISHED BY TITLE 38,CHAPTER 5,ARTICLE 4 AND THE PUBLIC SAFETY PERSONNEL DEFINED CONTRIBUTION PLAN ESTABLISI-LED BY TITLE 38,CHAPTER 5,ARTICLE 4.1,FOR PERSONNEL COSTS. 3. 25.4 PERCENT TO THE ARIZONA HIGHWAY USER REVENUE FUND ESTABLISHED BY SECTION 28- 6533. 4. 10 PERCENT TO THE JUSTICE REINVF-STML-NT FUND ESTABLISHED BY SECTION 36-2863. 5. 0.2 PERCENT TO TIC ATTORNEY GENERAL TO USE TO ENFORCE TINS CHAPTER,OR TO GRANT TO LOCALITIES TO ENFORCE THIS CHAPTER E. THE MONIES TRANSFERRED AND RECEIVED PURSUANT TO THIS SECTION: l. ARE IN ADDITION TO ANY OTHER APPROPRIATION,'TRANSFER OR OTHER ALLOCATION OF MONIES AND MAY NOT SUPPLANT,REPLACE OR CAUSE A REDUCTION IN OTHER FUNDING SOURCES. 1 2, ARE NOT CONSIDERED LOCAL REVENUES FOR THE PURPOSES OF ARTICLE IX,SECTIONS 20 AND 21,CONSTITUTION OF ARIZONA. i Page 9 of 17 t SEP 2 6 2019 1 ARIZONA SECRETARY OF STATE 0 L E SEP 2 6 2019 36-2857.Localities:marijuana csta lishment and marijuana t stin facilitic A. A LOCALITY MAY: ARIZONA SECRETARY OF STATE I. ENACT REASONABLE ZONING REGULATIONS THAT LIMIT THE USE OF LAND FOR MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES TO SPECFRFD AREAS. 2. LIMTT TI-lF NUMBER OF MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES,OR BOTH. 3. PROHIBIT MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES,OR BOTH. 4. REGULATE THE TIME,PLACE AND MANNER OF MARIJUANA ESTABLISHMENT AND MARIJUANA TESTING FACILITY OPERATIONS, 5. ESTABLISH REASONABLE RESTRICTIONS ON PUBLIC SIGNAGE REGARDING MARIJUANA, MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES. 6. PROHIBIT OR RESTRICT DELIVERY WITHIN ITS JURISDICTION. B. A COUNTY MAY EXERCISE ITS AUTHORITY PURSUANT TO SUBSECTION A OF THIS SECTION ONLY IN UNINCORPORATED AREAS OF THE COUNTY. C. A LOCALITY MAY NOT ENACT ANY ORDINANCE,REGULATION OR RULE THAT: 1. IS MORE RESTRICTIVE THAN A COMPARABLE ORDINANCE,REGULATION OR RULE THAT APPLIES TO NONPROFIT MEDICAL MARIJUANA DISPENSARIES. 2, MAKES THE OPERATION OF A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY UNDULY BURDENSOME IF THE LOCALITY HAS NOT PROHIBITED MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES. 3. CONFLICT'S NVTTH THIS CHAPTER OR RULES ADOPTED PURSUANT TO THIS CHAPTER 4. PROHIBITS THE TRANSPORTATION OF MARIJUANA BY A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY ON PUBLIC ROADS. 5, RESTRICTS DR 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 A MARIJUANA ESTABLISHMENT COOPERATIVELY AT SHARED LOCATIONS. 6. EXCEPT AS EXPRESSLY AUTHORIZED BY THIS SECTION OR SECTION 36-2E51,PROHIBITS OR RESTRICTS ANY CONDUCT OR TRANSACTION ALLOWED BY THIS CHAPTER,OR IMPOSES ANY LIABILITY OR PENALTY IN ADDITION TO THAT PRESCRIBED BY THIS CHAPTER FOR ANY CONDUCT OR TRANSACTION CONSTITUTING A VIOLATION OF THIS CHAPTER. 36-2858.lAwful gumtiona cstablishincnis ond mulivana t A. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED IN SECTION 36-2857 AND NOTWITHSTANDING ANY OTHER LAW,IT IS LAWFUL AND IS NOT AN OFFENSE UNDER THE LAWS OF THIS STATE. OR ANY LOCALITY,MAY NOT CONSTITUTE THE BASIS FOR DETENTION,SEARCH OR ARREST,AND MAY NOT CONSTITUTE THE SOLE BASIS FOR SEIZURE OR FORFEITURE OF ASSETS OR THE BASIS FOR IMPOSING PENALTIES UNDER THE LAWS OF THIS STATE OR ANY LOCALITY FOR: 1. A MARIJUANA ESTABLISHMENT,OR AN AGENT ACTING ON BEHALF OF A MARIJUANA ESTABLISHMENT,TO: (a) POSSESS MARIJUANA OR MARIJUANA PRODUCTS. (b) PURCHASE,SELL OR TRANSPORT MARIJUANA AND MARIJUANA PRODUCTS TO OR FROM A MARIJUANA ESTABLISHMENT. (c) SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS,EXCEPT THAT A MARIJUANA ESTABLISHMENT MAY NOT SELL MORE THAN ONE OUNCE OF MARIJUANA TO A CONSUMER IN A SINGLE TRANSACTION,NOT MORE THAN FIVE GRAMS OF WHICH MAY BE IN THE FORM OF MARIJUANA CONCENTRATE.. (d) CULTIVATE,PRODUCE,TEST OR PROCESS MARIJUANA OR MANUFACTURE MARIJUANA OR MARIJUANA PRODUCTS BY ANY MEANS INCLUDING CHEMICAL EXTRACTION OR CHEMICAL SYNTHESIS. 2. AN AGENT ACTING ON 13EEIALF OF A MARIJUANA ESTABLISHMENT TO SET I 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 GOVERNMENT-ISSUED PHOTOGRAPHIC IDENTIFICATION IN COMPLIANCE WITH RULES ADOPTED PURSUANT TO SECTION 36-2854,SUBSECTION A,PARAGRAPH 6, 3. A MARIJUANA TESTING FACILITY,OR AN AGENT ACTING ON BEHALF OF A MARIJUANA TESTING FACILITY,TO OBTAIN,POSSESS,PROCESS,REPACKAGE,TRANSFER,TRANSPORT OR TEST MARIJUANA AND MARIJUANA PRODUCTS. 4. A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA ESTABLISIMMNT,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 ESTABLISHMENT OR AN AGENT ACTING ON BEHALF OF A NONPROFIT MEDICAL MARIJUANA DISPENSARY OR A MARIJUANA ESTABLISHMENT. Page 10 of 17 SEP 2 6 2019 ARIZONA SETHARY OF STATE 5, ANY INDIVIDUAL,CORPORATION OR OTHER ENTITY TO SELL,LEASE OR OTHERWISE ALLOW PROPERTY OR GOODS THAT ARE OWNED,MANAGED OR CONTROLLED BY THE INDIVIDUAL,CORPORATION OR OTHER ENTITY TO BE USED FOR ANY ACTIVITY AUTHORIZED BY THIS CHAPTER,OR TO PROVIDE SERVICES TO A MARIJUANA ESTABLISHMENT,OR 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. B. THIS SECTION DOES NOT PRECLUDE THE DEPARTMENT FROM IMPOSING PENALTIES AGAINST A MARIJUANA ESTABLISHMENT OR MARIJUANA TESTING FACILITY FOR FAILING TO COMPLY WITH THIS CHAPTER j OR RULES ADOPTED PURSUANT TO THIS CHAPTER, C. A MARIJUANA ESTABLISHMENT MAY BE OWNED OR OPERATED BY A PUBLICLY TRADED COMPANY. i D. NOTWITHSTANDING ANY OTHER LAW,A DUAL LICENSEE: i I 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 PROMPTLY NOTIFIES THE DEPARTMENT AND DEPARTMENT OF REVENUE AND TAKES ANY ACTIONS NECESSARY TO ENABLE ITS FOR- PROFIT OPERATION,INCLUDING CONVERTING ITS CORPORATE FORM AND AMENDING ITS ORGANIZATIONAL AND OPERATING DOCUMENTS. 3. MUST CONTINUE TO HOLD BOTH ITS MARIJUANA ESTABLISHMENT LICENSE AND NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION,REGARDLESS OF ANY CHANGE IN OWNERSHIP OF THE DUAL LICENSEE,UNLESS IT TERMINATES ITS STATUS AS A DUAL LICENSEE AND FORFEITS EITHER ITS MARIJUANA ESTABLISHMENT LICENSE OR NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTRATION BY NOTIFYING THE DEPARTMENT OF SUCH A TERMINATION AND FORFEITURE, 4. MAY NOT BE REQUIRED TO (a) EMPLOY OR CONTRACT WITH A MEDICAL DIRECTOR (b) OBTAIN NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT OR MARIJUANA FACILITY AGENT REGISTRATIONS FOR OUTSIDE VENDORS THAT DO NOT HAVE REGULAR,UNSUPERVISED ACCESS TO THE INTERIOR OF THE DUAL LICENSEE. i (c) HAVE AS INGLE SECURE ENTRANCE AS REQUIRED BY SECTION 36-2806,SUBSECTION C,BUT MAY E BE REQUIRED TO IMPLEMENT APPROPRIATE SECURITY MEASURES TO DETER AND PREVENT THE THEFT OF MARIJUANA AND TO REASONABLY REGULATE CUSTOMER ACCESS TO THE PREMISES. (d) COMPLY WITH ANY OTHER PROVISION OF CHAPTER 28.1 OF THIS TITLE OR ANY RULE ADOPTED PURSUANT TO CHAPTER 28.1 OF THIS TITLE THAT MAKES ITS OPERATION AS A DUAL LICENSEE UNDULY BURDENSOME, E. NOTWITHSTANDING ANY OTHER LAW,A DUAL LICENSEE THAT ELECTS TO OPERATE ON A FOR- PROFIT BASIS PURSUANT TO SUBSECTION D,PARAGRAPH 2 OF THIS SECTION: I. IS SUBJECT TO THE TA,\7ES IMPOSED PURSUANT TO TIME 43, 2, IS NOT REQUIRED TO SUBMIT ITS ANNUAL FINANCIAL STATEMENTS OR AN AUDIT REPORT TO THE DEPARTMENT FOR PURPOSES OF RENEWING ITS NONPROFIT IYfEDICAL MAIUJUANA DISPENSARY REGISTRATION. F. NOTWITHSTANDING ANY OTHER LAW,A DUAL LICENSEE MUST CONDUCT BOTH OF THE FOLLOWING OPERATIONS AT A SHARED LOCATION: I. SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS PURSUANT TO THIS CHAPTER. 2. DISPENSE MARIJUANA TO REGISTERED QUALIFYING PATIENTS AND REGISTERED DESIGNATED CAREGIVERS PURSUANT TO CHAPTER 28.1 OF THIS TITLE. G. NOTWITHSTANDING CHAPTER 28.1 OF THIS TITLE OR ANY RULE ADOPTED PURSUANT TO CHAPTER 28.1 OF THIS TITLE,A DUAL LICENSEE MAY ENGAGE IN ANY ACT,PRACTICE,CONDUCT OR TRANSACTION ALLOWED FOR A MARIJUANA ESTABLISHMENT BY THIS CHAPTER. H. NOTWITHSTANDING ANY OTHER LAW: I. AN INDIVIDUAL MAY BE AN APPLICANT,PRINCIPAL OFFICER OR BOARD MEMBER OF MORE THAN ONE MARIJUANA ESTABLISHMENT OR MORE THAN ONE DUAL LICENSEE REGARDLESS OF THE ESTABLISHA4ENT'S LOCATION. 2. TWO OR MORE MARIJUANA ESTABLISHMENTS OR DUAL LICENSEES MAY DESIGNATE A SINGLE OFF-SITE LOCATION AS PRESCRIBED IN SECTION 36-2850,PARAGRAPH 18,SUBDIVISION(c)TO BE JOINTLY USED BY THOSE DUAL LICENSEES OR MARIJUANA ESTABLISHMENTS. I. MARIJUANA ESTABLISHMENTS,MARIJUANA TESTING FACILITIES AND DUAL LICENSEES THAT ARE SUBJECT TO APPLICABLE FEDERAL OR STATE ANTIDISCRIMINATION LAWS MAY NOT PAY THEIR EMPLOYEES DIFFERENTLY BASED SOLELY ON A PROTECTED CLASS STATUS SUCH AS SEX,RACE,COLOR, RELIGION,NATIONAL ORIGIN,AGE OR DISABILITY.THIS SUBSECTION DOES NOT EXPAND OR MODIFY THE JURISDICTIONAL REACH,PROVISIONS OR REQUIREMENTS OF ANY APPLICABLE ANTI-DISCRIMINATION LAW. Page 11 of 17 i 36-2859.AAdvcrtising restrictions;en fqrccmentt civil pcnalty A. A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY MAY ENGAGE IN ADVERTISING, B. AN ADVERTISING PLATFORM MAY HOST ADVERTISING ONLY IF ALL OF THE FOLLOWING APPLY 1. TIE ADVERTISING IS AUTHORIZED BY A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY. 2. THE ADVERTISING ACCURATELY AND LEGIBLY IDENTITIES THE MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY RESPONSIBLE FOR THE CONTENT OF THE ADVERTISING BY NAME AND LICENSE NUMBER OR REGISTRATION NUMBER. C. ANY ADVERTISING UNDER THIS CHAPTER INVOLVING DIRECT,INDIVIDUALIZED COMMUNICATION OR DIALOGUE SHALL USE A METHOD OF AGE AFFIRMATION TO VERIFY THAT THE RECIPIENT IS TWENTY-ONE YEARS OF AGE OR OLDER BEFORE ENGAGING IN THAT COMMUNICATION OR DIALOGUE. FOR THE PURPOSES OF THIS SUBSECTION,THAT METHOD OF AGE AFFIRMATION MAY INCLUDE USER CONFIRMATION,BIRTH DATE DISCLOSURE OR OTHER SIMILAR REGISTRATION METHODS. D. IT IS UNLAWFUL FOR AN INDIVIDUAL OR ENTITY OTHER THAN A MARIJUANA ESTABLISHMENT OR DUAL LICENSEE TO DO ANY OF THE FOLLOWING IN A MANNER THAT IS NOT AUTHORIZED BY THIS CHAPTER OR RULES ADOPTED BY THE DLPARTNiENT PURSUANT TO THIS CHAPTER I. FACILITATE THE DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS. 2. SOLICIT OR ACCEPT ORDERS FOR MARIJUANA OR MARIJUANA PRODUCTS OR OPERATE A PLATFORM THAT SOLICITS OR ACCEPTS ORDERS FOR MARIJUANA OR MARIJUANA PRODUCTS. 3. OPERATE A LISTING SERVICE RELATED TO THE SALE OR DELIVERY OF MARIJUANA OR MARIJUANA PRODUCTS. E. A MARIJUANA ESTABLISHMENT THAT VIOLATES THIS SECTION IS SUBJECT TO DISCIPLINARY ACTION BY THE DEPARTMENT PURSUANT TO SECTION 36-2854,SUBSECTION B. A NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT VIOLATES THIS SECTION IS SUBJECT'TO DISCIPLINARY ACTION BY THE DEPARTMENT PURSUANT TO SECTION 36-2816. F. IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW,AN INDIVIDUAL OR ENTITY OTHER THAN A MARIJUANA ESTABLISHMENT OR NONPROFIT MEDICAL MARIJUANA DISPENSARY THAT ADVERTISES MARIJUANA OR MARIJUANA PRODUCTS IN VIOLATION OF THIS SECTION OR OTHERWISE VIOLATES THIS SECTION SHALL PAY A CIVIL PENALTY OF 520,000 PER VIOLATION TO THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. TIES SUBSECTION MAY BE ENFORCED BY THE ATTORNEY GENERAL. 36-2860.Packaging;restrictions on particular marijuana Products A. A MARIJUANA ESTABLISHMENT MAY NOT: 1. PACKAGE OR LABEL MARIJUANA OR MARIJUANA PRODUCTS IN A FALSE OR MISLEADING MANNER. 2. MANUFACTURE OR SELL MARIJUANA PRODUCTS THAT RESEMBLE THE FORM OF A HUMAN, ANIMAL,INSECT,FRUIT,TOY OR CARTOON. 3. SELL OR ADVERTISE MARIJUANA OR MARIJUANA PRODUCTS WITH NAMES THAT RESEMBLE OR IMITATE FOOD OR DRINK BRANDS MARKETED TO CHILDREN,OR OTHERWISE ADVERTISE MARIJUANA OR MARIJUANA PRODUCTS TO CHILDREN, B. A MARIJUANA ESTABLISHMENT THAT VIOLATES'PHIS SECTION 1S SUBJECT TO DISCIPLINARY ACTION BY THE DEPARTMENT PURSUANT TO SECTION 36-2854,SUBSECTION B. 36.2861.Contracts iQnal scrviccs A. IT IS TIM PUBLIC POLICY OF THIS STATE THAT CONTRACTS RELATED TO MARIJUANA ESTABLISHMENTS AND MARIJUANA TESTING FACILITIES ARE ENFORCEABLE. B. A PERSON THAT IS LICENSED,CERTIFIED OR REGISTERED BY ANY DEPARTMENT,AGENCY OR REGULATORY BOARD OF THIS 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. 36-2862.Exxj2vngc cat:petition:appeal; dismissal of complaints:rules A. BEGINNING JULY 12,2021,AN INDIVIDUAL WHO WAS ARRESTED FOR,CHARGED WITH, ADJUDICATED OR CONVICTED BY TRIAL OR PLEA OF,OR SENTENCED I.OR,ANY OF THE FOLLOWING O1TENSES BASED ON OR ARISING OUT OF CONDUCT OCCURRING BEFORE THE EFFECTIVE DATE OF THIS SECTION MAY PETITION THE COURT TO HAVE THE RECORD OF THAT ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE EXPUNGED: 019 Page 12 of 17 LA 2 6 2 RETARY OF STATE h SEP 2 6 2019 ARIZONA SECRETARY OF STATE 1. POSSESSING,CONSUMING OR TRANSPORTING TWO AND ONE-HALF OUNCES OR LESS OF MARIJUANA,OF WHICH NOT MORE THAN TWELVE AND ONE-HALF GRAMS WAS 1N THE FORM OF MARIJUANA N CONCENTRATE, is 2. POSSESSING,TRANSPORTING,CULTIVATING OR PROCESSING NOT MORE THAN SIX MARIJUANA PLANT'S AT THE INDIVIDUAL'S PRI,NIARY RESIDENCE FOR PERSONAL USE. y 3. POSSESSING, USING OR TRANSPORTING PARAPHERNALIA RELATING TO THE CULTIVATION, a MANUFACTURE,PROCESSING OR CONSUMPTION OF MARIJUANA, B. IF THE COURT RECEIVES A PETITION FOR EXPUNGEMENT PURSUANT TO THIS SECTION: f 1. THE COURT SHALL NOTIFY THE PROSECUTING AGENCY OF THE FILING OF THE PETN ION,AND ALLOW THE PROSECUTING AGENCY TO RESPOND TO THE PETITION WITHIN THIRTY DAYS. 2, THE COURT MAY HOLD A HEARING; � (a) ON THE REQUEST OF EITHER THE PETITIONER OR THE PROSECUTING AGENCY, (b) IF THE COURT CONCLUDES THERE ARE GENUINE DISPUTES OF FACT REGARDING WHETHER THE PETITION SHOULD BE GRANTED. ' 3. THE COURT SHALL GRANT THE PETITION UNLESS THE PROSECUTING AGENCY ESTABLISHES BY CLEAR AND CONVINCING 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. Fi C. IF THE COURT GRANTS A PETITION FOR EXPUNGEMENT; I 1. THE SIGNED ORDER OR MINUTE ENTRY REQUIRED PURSUANT TO SUBSECTION B,PARAGRAPH 4 i OF THIS SECTION SHALL DO ALL OF THE FOLLOWING: ( (a) IF THE PETITIONER WAS ADJUDICATED OR CONVICTED OF AN OFFENSE SET FORTH IN SUBSECTION A OF THIS SECTION,VACATE THE JUDGMENT OF ADJUDICATION OR CONVICTION. (b) STATE THAT IT EXPUNGES ANY RECORD OF THE PETITIONER'S ARREST,CHARGE,CONVICTION, ADJUDICATION AND SENTENCE. (c) IF THE PETITIONER WAS CONVICTED OR ADJUDICATED OF AN OFFENSE SET FORTH IN SUBSECTION A OF THIS SECTION,STATE THAT THE PETITIONER'S CIVIL RIGHTS,INCLUDING THE 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 SUBSECTION A OF THIS SECTION. (d) 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 EXPUNGEMENT ORDER. I (e) REQUIRE THE CLERK OF THE COURT TO SEAL ALL RECORDS RELATING TO THE EXPUNGED ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE AND ALLOW THE RECORDS TO BE ACCESSED ONLY BY THE INDIVIDUAL WHOSE RECORD WAS EXPUNGED OR THE INDIVIDUAL'S ATTORNEY. 2, THE DEPARTMENT OF PUBLIC SAFETY SHALL SEAL AND SEPARATE THE EXPUNGED RECORD FROM ITS RECORDS AND INFORM ALL APPROPRIATE STATE AND FEDERAL LAW ENFORCEMENT AGENCIES OF THE EXPUNGEh1ENT.UNLESS THE PETITIONER IS INDIGENT,THE DEPARTMENT OF PUBLIC SAFE-IY MAY CHARGE THE SUCCESSFUL PETITIONER A REASONABLE FEE DETERMINED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO RESEARCH AND CORRECT THE PETITIONER'S CRIMINAL HISTORY RECORD. 3, 3. THE ARRESTING AND PROSECUTING AGENCIES SHALL CLEARLY IDENTIFY IN EACH AGENCY'S 6 FILES AND ELECTRONIC RECORDS THAT THE PETITIONER'S ARREST,CHARGE,CONVICTION,ADJUDICATION AND SENTENCE ARE EXPUNGED AND SHALL NOT MAKE ANY RECORDS OF THE EXPUNGED ARREST,CHARGE, CONVICTION,ADJUDICATION OR SENTENCE AVAILABLE AS A PUBLIC RECORD TO ANY PERSON EXCEPT TO THE INDIVIDUAL WHOSE RECORD WAS EXPUNGED OR THAT INDIVIDUAL'S ATTORNEY, D. AN ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE THAT IS EXPUNGED PURSUANT TO THIS SECTION MAY NOT BE USED IN A SUBSEQUENT PROSECUTION BY A PROSECUTING AGENCY OR COURT FOR ANY PURPOSE. E. AN INDIVIDUAL WHOSE RECORD OF ARREST,CHARGE,ADJUDICATION,CONVICTION OR SENTENCE IS EXPUNGED PURSUANT TO THIS SECTION MAY STATE THAT T711E INDIVIDUAL HAS NEVER BEEN ARRESTED FOR,CHARGED WITH,ADJUDICATED OR CONVICTED OF,OR SENTENCED FOR THE CRIME THAT IS THE SUBJECT OF THE EXPUNGEI>IENT. F. IF THE COURT DENIES A PETITION FOR EXPUNGEMENT,THE PETITIONER MAY FILE A DIRECT APPEAL PURSUANT TO SECTION 13-4033,SUBSECTION A,PARAGRAPH 3. G. ON MOTION,THE COURT SHALL DISMISS WITH PREJUDICE ANY PENDING COMPLAINT, INFORMATION OR INDICTMENT BASED ON ANY OFFENSE SET FORTH IN SUBSECTION A OF THIS SECTION,TO ' INCLUDE CHARGES OR ALLEGATIONS BASED ON OR ARISING OUT OF CONDUCT OCCURRING BEFORE THE EFFECTIVE DATE OF THIS CHAPTER. THE INDIVIDUAL CHARGED MAY THEREAFTER PETITION THE COURT TO t Page 13 of 17 SEP 2 6 2019 ARIZONA SECRETARY OF STATE EXPUNGE RECORDS OF THE ARREST AND CHARGE OR ALLEGATION AS PROVIDED IN THIS SECTION. A MOTION BROUGHT PURSUANT TO THIS SUBSECTION MAY BE FILED WITH THE COURT BEFORE JULY 12,2021. H. THE SUPREME COURT MAY ADOPT RULES NECESSARY TO IMPLEIhiENT THIS SECTION,AND MAY ALSO SPONSOR PUBLIC SERVICE ANNOUNCEMENTS OR OTHER NOTIFICATIONS INTENDED TO PROVIDE NOTICE TO INDIVIDUALS WHO MAY BE ELIGIBLE TO FILE PETITIONS FOR EXPUNGEMENT PURSUANT TO THIS SECTION. 1. 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 INDIVIDUAI-. 36-2863.Justice reinvestment fund;exemption;distnbulion:dcfinition A. T14F JUSTICE REINVESTMENT FUND IS ESTABLISHED CONSISTING OF ALL MONIES DEPOSITED PURSUANT TO SECTION 36-2856 AND INTEREST EARNED ON THOSE MONIES. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED. MONIES IN THE FUND AND ITS ACCOUNTS MAY NOT BE TRANSFERRED TO ANY OTHER FUND EXCEPT AS PROVIDED IN THIS SECTION,DO NOT REVERT TO THE STATE GENERAL FUND,AND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO THE LAPSING OF APPROPRIATIONS.THE STATE TREASURER SHALL ADMINISTER THE FUND. B. ALL MONIES IN THE JUSTICE REINVESTMENT FUND MUST FIRST BE SPENT,AND THE STATE TREASURER SHALL TRANSFER MONIES FROM THE FUND,TO PAY. 1. TIE REASONABLE COSTS INCURRED BY THE STATE TREASURER TO ADMINISTER THE FUND 2. THE REASONABLE ADMINISTRATIVE COSTS INCURRED BY THE DEPARTMENT TO CARRY OUT ITS DUTIES PURSUANT TO THIS SECTION. C. ON OR BEFORE JUNE 30 AND DECEMBER 31 OF EACH YEAR,THE STATE TREASURER SIIALL TRANSFER ALL MONIES IN THE JUSTICE REINVESTMENT FUND IN EXCESS OF THE AMOUNTS PAID PURSUANT TO SUBSECTION B OF THIS SECTION AS FOLLOWS- 1. THIRTY-FIVE PERCENT TO COUNTY PUBLIC IMALTH 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 DISTRIBUTING GRANTS TO QUALIFIED NONPROFIT ORGANIZATIONS TO PROVIDE JUSTICE REINVESTMENT PROGRAMS IN THAT COUNTY. 2. THIRTY-FIVE PERCENT TO THE DEPARTMENT FOR THE PURPOSE OF DISTRIBUTING GRANTS TO QUALIFIED NONPROFIT ORGANIZATIONS THAT PROVIDE JUSTICE REINVESTMENT PROGRAMS IN THIS STATE. 3. THIRTY PERCENT TO THE DEPARTMENT FOR THE PURPOSE OF ADDRESSING IMPORTANT PUBLIC HEALTH ISSUES THAT AFFECT THIS STATE. D. GRANTS MADE PURSUANT TO THIS SECTION ARE EXEMPT FROM TITLE 41,CHAPTER 23,AND EACH GRANTEE SHALL PROVIDE THE GRANTING AGENCY WITH AN ANNUAL REPORT DETAILING THE USE OF GRANTED MONIES. E. MONIES TRANSFERRED AND RECEIVED PURSUANT TO SUBSECTION C OF THIS SECTION ARE NOT CONSIDERED LOCAL REVENUES FOR THE PURPOSES OF ARTICLE IX,SECTION 20,CONSTITUTION OF ARIZONA. F. THE STATE TREASURER MAY PRESCRIBE FORMS NECESSARY TO MAKE TRANSFERS PURSUANT TO SUBSECTION B OF THIS SECTION. G. FOR THE PURPOSES OF THIS SECTION,"JUSTICE REINVESTMENT PROGRAMS"MEANS INITIATIVES OR PROGRAMS THAT FOCUS ON ANY OF THE FOLLOWING: I. PUBLIC AND BEHAVIORAL HEALTH,INCLUDING EVIDENCE-BASED AND EVIDENCE-rNTORMED SUBSTANCE USE PREVENTION AND'I'REATN=AND SUBSTANCE USE EARLY INTERVENTION SERVICES. 2. RESTORATIVE JUSTICE,JAIL DIVERSION,WORKFORCE DEVELOPMENT,INDUSTRY-SPECIFIC TECHNICAL ASSISTANCE OR MENTORQNG SERVICES FOR ECONONUCALLY DISADVANTAGED PERSONS IN COMMUNITIES DISPROPORTIONATELY IMPACTED BY HIGH RATES OF ARREST AND INCARCERATION. 3. ADDRESSING THE UNDERLYING CAUSES OF CRIh4E,REDUCING DRUG-RELATED ARRESTS AND REDUCING THE PRISON POPULATION IN THIS STATE. 4. CREATING OR DEVELOPING TECHNOLOGY AND PROGRAMS TO ASSIST WMJ THE RESTORATION OF CIVIL RIGHTS AND THE EXPUNGEMENT OF CRIMINAL RECORDS. 36-2864.Transaction privilcgc tax;use tax;addition al taxes prohibitcd:exception A. FOR PURPOSES OF THE TRANSACTJON PRIVILEGE TAX AND USE TAX LEVIED AND COLLECTED PURSUANT TO TITLE 42,CHAPTERS 5 AND 6,MARIJUANA AND MARIJUANA PRODUCTS ARE TANGIBLE PERSONAL PROPERTY DEFINED IN SECTION 42-5001 AND ARE SUBJECT TO THE TRANSACTION PRIVILEGE TAX IN THE RETAIL CLASSIFICATION AND USE TAX. B. EXCEPT AS PROVIDED IN SUBSECTION A OF THIS SECTION AND SECTION 42-5452,THIS STATE AND LOCALITIES MAY NOT LEVY OR COLLECT ADDITIONAL TAXES OF ANY KIND ON THE SALE OF MARIJUANA OR MARIJUANA PRODUCTS AND MAY NOT LEVY OR COLLECT ANY FEES OR ASSESSMENTS OF ANY KIND ON THE Page 14 of 17 SALE OF MARIJUANA OR MARIJUANA PRODUCTS OR ON THE LICENSING,OPERATIONS OR ACTIVITIES OF MARIJUANA ESTABLISHMENTS OR MARIJUANA TESTING FACILITIES,UNLESS THE FEE OR ASSESSMENT IS OF GENERAL APPLICABILITY TO INDIVIDUALS OR BUSINESSES THAT ARE NOT ENGAGED IN TI SAL E OF MARIJUANA OR MARIJUANA PRODUCTS. C. THE PROHIBITION IMPOSED BY SUBSECTION B OF THIS SECTION DOES NOT APPLY TO UNIFORM INCREASES TO THE TRANSACTION PRIVILEGE TAX RATE FOR THE RETAIL CLASSIFICATION OR USE TAX RATE BY TOS STATE OR A LOCALITY OR TO UNIFORM INCREASES TO FEES OR ASSESSMENTS SUBSECTION B OF THIS SECTION, ALLOWED BY 36-2865.Enf2rcernent of this cha t r•cnccial action A. IF THE DEPARTMENT FAILS TO ADOPT RULES NECESSARY TO IMPLEMENT THIS CHAPTER ON OR BEFORE JUNE 1,2021,OR FAILS TO BEGIN ACCEPTING APPLICATIONS AS PROVIDED IN SECTION 36-2854, SUBSECTION A,PARAGRAPH 1,SUBDIVISION(d),ANY CITIZEN MAY COMMENCE A SPECIAL ACTION IN SUPERIOR COURT TO COMPEL THE DEPARTMENT TO PERFORM THE.ACTIONS MANDATED UNDER 71US CHAPTER. B IF THE DEPARTMENT'FAILS TO ISSUE A LICENSE OR SEND A NOTICE OF DENIAL WITHIN SIXTY DAYS AFTER RECEIVING A COMPLETE MARIJUANA ESTABLISI-IMENT APPLICATION PURSUANT TO SECTION 36- 2854,SUBSECTION A,PARAGRAPH 1,SUBDIVISION(d),THE APPLICANT MAY COMMENCE A SPECIAL ACTION IN SUPERIOR COURT TO COMPEL THE DEPARTMENT TO PERFORM THE ACTIONS MANDATED UNDER THIS CHAPTER, C. NOTWITHSTANDING CHAPTER 28,I OF THIS TITLE, IF THE DEPARTMENT FAILS TO ISSUE ANY MARIJUANA ESTABLISHMENT LICENSES PURSUANT TO SECTION 36-2854, SUBSECTION A, PARAGRAPH 1, SUBDIVISION D ON OR BEFORE APRIL 5, 2021, EACH NONPROFIT MEDICAL h1AR17UANA DISPENSARY IN GOOD STANDING MAY BEGIN TO CULTIVATE,PRODUCE,PROCESS,MANUFAC111RE,TRANSPORT AND TEST MAItI1UANA AND MARIJUANA PRODUCTS AND MAY SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS UNTIL THE DEPARTMENT ISSUES LICENSES TO OPERATE MARIJUANA ESTABLISHMENTS MEDICAL MARIJUANA DISPENSARIES IN GOOD STANDING SHALL: . IF THIS OCCURS,NONPROFIT 1. BE TREATED AS MARIJUANA ESTABLISHMENTS FOR ALL PURPOSES UNDER THIS CHAPTER, AND THEM NONPROFIT MEDICAL MARIJUANA ESTABLISHMENT AGENTS SHALL BE TREATED AS MARIJUANA FACILITY AGENTS FOR ALL PURPOSES UNDER TIJIS CHAPTER. 2. COMPLY WITH THE RULES ADOPTED BY THE DEPARTMENT TO IMPLEMENT CHAPTER 28,1 OF THIS TITLE,EXCEPT THOSE THAT ARE INCONSISTENT WITH THIS CHAPTER ecti 5.Title 42,Chapter 5,Arizona Revised Statutes,is amended by adding article 10 to read: to ARTICLE 10. MARIJUANA AND MARIJUANA PRODUCT'S 42-5451. I inns IN THIS ARTICLE,UNLESS THE CONTEXT OTHERWISE REQUIRES: I. "CONSUMER,""DUAL LICENSEE,""MARIJUANA,""NiARIJUANA ESTABLISIIh4ENI—AND "MARIJUANA PRODUCTS"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2850. 2. "DESIGNATED CAREGIVER,""NONPROFIT MEDICAL MARIJUANA DISPENSARY"AND "QUALIFYING PATIENT"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2801. 42-5452.LSyy end_rnte of tax:effect of federal mi5e tax A. THERE IS LEVIED AND THE DEPARTMENT SHALL COLLECT AN EXCISE TAX ON ALL MARIJUANA AND MARIJUANA PRODUCTS SOLD TO A CONSUMER BY A MARIJUANA ESTABLISHMENT AT A RATE OF SIXTEEN PERCENT OF THE PRICE OF THE MARIJUANA OR MARIJUANA PRODUCT SOLD. THIS SUBSECTION DOES NOT APPLY TO MARIJUANA DISPENSED TO A REGISTERED QUALIFYING PATIENT OR REGISTERED DESIGNATED CAREGIVER PURSUANT TO TITLE 36,CHAPTER 28.1 BY A DUAL LICENSEE OR NONPROFIT MEDICAL MARIJUANA DISPENSARY. B. IF THE UNITED STATES LEVIES AND COLLECTS AN EXCISE TAX ON MARIJUANA AND MARIJUANA PRODUCTS,THE-AGGREGATE OF FEDERAL AND STATE EXCISE TAXES MAY NOT EXCEED A RATE OF THIRTY PERCENT OF THE PRICE OF THE MARIJUANA OR MARIJUANA PRODUCT SOLD,AND THE TAX LEVIED PURSUANT TO SUBSECTION A OF THIS SECTION SHALL BE LOWERED ACCORDINGLY AND AUTOMATICALLY ON"f EFFECTIVE DATE OF THE FEDERAL EXCISE TAX. HE C. A PRODUCT SUBJECT TO THE TAX IMPOSED BY THIS SECTION MAY NOT BE BUNDLED WITH A PRODUCT OR SERVICE THAT IS NOT SUBJECT TO THE TAX IMPOSED BY THIS SECI'ION, D. THE TAX LEVIED AND COLLECTED PURSUANT TO THIS SECTION SHALL NOT BE INCLUDED IN COMPUTING THE TAX BASE,GROSS PROCEEDS OF SALES OR GROSS INCOME OF A MARIJUANA ESTABLISHMENT Pogo 15 of 17 FOR PURPOSES OF TITLE 42,CHAPTERS 5 AND 6,AND IS NOT SUBJECT TO ANY TRANSACTION PRIVILEGE,SALES, USE OR OTHER SIMILAR TAX LEVIED BY A COUNTY,CITY,TOWN OR SPECIAL TAXING DISTRICT. E. NOTWITHSTANDING SECTION 42-3102,THE DEPARTMENT SHALL DEPOSIT ALL MONIES LEVIED AND COLLECTED PURSUANT TO THIS SECTION IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. 42-5453.Return statemcilt and ppyment by ma •'uana csjablishjnent cnnit inl ICEc nfid ntial 'n aCon A. THE TAX IMPOSED BY TIES IES ARTICLE IS DUE AND PAYABLE,TOGETHER WITH A RETURN STATEMENT PRESCRIBED BY THE DEPARTMENT,FOR EACH MONTH ON OR BEFORE THE TWENT•TI_TII DAY OF THE SUCCEEDING MONTH. B. A MARIJUANA ESTABLISHMENT THAT FAILS TO PAY THE TAX IMPOSED BY THIS ARTICLE- WIIIIIN TEN DAYS AFTER THE DATE THE PAYMENT IS DUE IS SUBJECT TO AND SHALL PAY A PENALTY DETERMINED UNDER SECTION 42-1125,PLUS INTEREST AT THE RATE DETERMINED PURSUANT TO SECTION 42-1123,FROM THE TIME THE TAX WAS DUE AND PAYABLE UNTIL PAID.THE DEPARTMENT MAY WAIVE ANY PENALTY OR INTEREST ff IT DETERMINES THAT THE MARIJUANA ESTABLISHMENT HAS MADE A GOOD FAITH ATTEMPT TO COMPLY WITH THE REQUIREMENTS OF TIES ARTICLE C. THE MONTHLY RETURN STATEMENT PRESCRIBED BY THE DEPARTMENT SHALL INCLUDE AN ACCOUNTING OF THE QUANTITY OF MARIJUANA THAT IS SOLD BY A MARIJUANA ESTABLISHMENT THAT IS SUBJECT TO THE TAX IMPOSED BY THIS ARTICLE DURING THE TAX MONTH. D. ALL PENALTIES AND INTEREST COLLECTED PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE SMART AND SAFE ARIZONA FUND ESTABLISHED BY SECTION 36-2856. E. THE DEPARTMENT MAY ADOPT RULES THAT ARE NECESSARY OR CONVENIENT TO ENFORCE THIS ARTICLE,EXCEPT THAT THOSE RULES MAY NOT CONFLICT WITH TITLE 36,CHAPTER 28.2. F. THE DEPARTMENT MAY SHARE CONFIDENTIAL INFORMATION AS DEFINED IN SECTION 42-2001 WITH THE DEPARTMENT OF HEALTH SERVICES FOR ITS USE IN DETERMINING WHETHER A MARIJUANA ESTABLISHMENT,MARIJUANA TESTING FACILITY OR DUAL LICENSEE IS IN COMPLIANCE WITH TAX OBLIGATIONS UNDER THIS TITLE OR TITLE 43. section 6. Title 43,Chapter I,article 1,Arizona Revised Statutes,is amended by adding Section 43-108 to read: t tin 43-168.5 raction from eras m incoe,4rdinary and necessary expenses:tr�j�tna cstablishmcnts and mariluann�g facilities•definitions A. NOTWITHSTANDING ANY OTHER LAW, IN COMPUTING ARIZONA ADJUSTED GROSS INCOME OR ARIZONA TAXABLE INCOME FOR A TAXPAYER,ALL ORDINARY AND NECESSARY EXPENSES PAID OR INCURRED DURING THE TAXABLE YEAR IN CARRYING ON A TRADE OR BUSINESS AS A MARIJUANA ESTABLISHMENT, MARIJUANA TESTING FACILITY, OR DUAL LICENSEE THAT ELECTS TO OPERATE ON A FOR-PROFIT 13ASIS PURSUANT TO TITLE 36,CHAPTER 28.2 SHALL BE SUBTRAC"fLD FROM ARIZONA GROSS INCOb1E TO THE EXTENT NOT ALREADY EXCLUDED FROM ARIZONA GROSS INCOME, B. FOR THE PURPOSES OF TIIIS SECTION, "DUAL LICENSEE." "MARIJUANA ESTABLISHMENT," AND "MARIJUANA TESTING FACILITY"HAVE THE SAME MEANINGS PRESCRIBED IN SECTION 36-2850. Section 7. Voter Protection Act For the purposes of the Voter Protection Act,Ariz.Const.art.IV,pt. 1,§ 1(6)(C),the People of llte State of Arizona declare that the following acts of the Legislature would flrrther the purpose of this act: I. Enacting a per sc law for the presumption of marijuana impairment based on the concentration of delta-9 tetrahydrocannabinol in a person's body when scientific research on the subject is conclusive and the National Highway Traffic Safety Administration recommends the adoption of such a law. 2. Reducing or eliminating any offense,offense level or penalty provided for in this act. 3. Increasing the amount of marijuana thnt a person may lawfully possess. 4. Amending the provisions of this act to align more closely with federal laws and regulations if marijuana is legalized er decriminalized by the federal government,but only if and to the extent that such federal laws and regulations are not more restrictive than the provisions of this act. 5. Amending the provisions of this act to align more closely with federal laws and regulations govcmiug the possession,processing,cultivation,transport,or transfer of industrial hemp,but only if and to the extent that such federal laws and regulations are not more restrictive than the provisions of this act. 6. Increasing the number of marijuana establishment licenses by up to 10 percent in furtherance of the social equity ownership program established by this act. 7. Facilitating the expungement and sealing of records of arrests,charges,convictions,adjudications and sentences that were predicated on conduct made lawful by this act,including by automatic means,and otherwise preventing or mitigating prejudice to individuals whose arrests,charges,convictions,adjudications or sentences arc expunged. FE 0 ! Page 16 of 17 SEP 2 6 2019 ARIZONA SECRETARY OF STATE i Amending the definition of"smoking"in this act to conform with the Smoke-Free Arizona Act if that act is amended to include the use of an electronic smoking device that creates an aerosol or vapor. ScctIon 8. Exemption from rulcmaking f" For the purposes of this act,and for sixty months aRer the effective date of this act,the department of revenue and the department of health services are exempt from(a)any executive order or other directive purporting to limit or restrict their ability to adopt new rules,and(b)the rulemaking requirements of tide 41,chaptc�5 6 and 6.1,Arizona Revised Statutes,except that e c department shall provide the public with a reasonable opportunity to comment on proposed rules and shall publish otherwise exempted a h rules. i� Sectl01,9. Severability If any provision of this act or its application to any person or circumstance is declared invalid by a court of competent jurisdiction,such invalidity does not affect other provisions or applications of this 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 1 applicable law and to give the maximum effect to the intent of this act and,to the fullest extent( including each portion of any section of this act containing any invalidated provision that is not pt el bilnvalidpons shall the consthrued is so as jto give effect to the intent thereof. !t i MMg Y OF STATE Page 17 of 17 CITY OF APACHE JUNCTION MEDICAL MARIJUANA REGULATIONS AMENDED ON 3-7-17 (ORDINANCE NO. 1444) 1-6-12 MEDICAL MARIJUANA A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. B. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Mariivana Act, for definitions and statutes pertaining to medical marijuana.) C. Allowed Zoning Districts. 1) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B- 2, B-4 and B-S zoning districts. 2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. 3)An existing medical marijuana facility that has received a conditional use permit approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in an enclosed locked facility, such as a permanent secure building and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or Infusion facilities shall include all the information required on the CUP application form and the following supplemental information: 1. Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. 2. A copy of the preliminary approval from the State Department of Health Services ("DNS"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from DHS, as well as a copy of said final approval document. 3. Application and all applicable fees paid as required by Apache Junction City Code Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. 4. A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. F. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: 1. Required Spacing Requirements: a. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. b. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution, library, public park, commercial-zoned day care facility, free-standing church, or drug and/or alcohol rehabilitation center, as measured from nearest building wall of the business to the nearest building wall of the protected use. 2. Operating Requirements: a. Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b. Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c. A medical marijuana facility shall submit a security plan containing the following information: i) Proof that any cultivation and storage of medical marijuana will take place in an "enclosed, locked facility" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii) A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii) Additional protections, if any, against medical marijuana diversion and theft. iv) Provide and update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d. On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. e. Dispensaries selling marijuana related products such as pipes, water pipes, rolling paper, screens, vaporizers, mills, concealing devices, etc., shall be restricted to selling only to patients displaying the required Arizona Department of Health Services medical marijuana card and to be used only in conjunction with a physician's certification or recommendation. Cookbooks and educational materials are excepted from this provision. f. The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g. Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior Signage. 3. Other Conditions.The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a. Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b. The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c. Hours of operation will be addressed through the CUP process. 4. Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 5. Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. Direction to Staff RE : Voter Approval of Smart and Safe Arizona Act ( Recreational Marijuana ) City of Apache Junction City Council Direction to Staff Item Nov. 30, 2020 WS & Dec. 1,, 2020 DtS Background On November 3, 2020, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative. . . . . . -"'relating to the responsible adult use, regulation and taxation of marijuana", (also referred to as the "recreational marijuana act" ) . The act declares that in the interest of public health and safety, the legal adult use of marijuana should be regulated so that : • Legitimate, taxpaying business people, and not criminal actors, conduct sales of marijuana; • Marijuana sold in this state is tested, labeled and subject to additional regulations to ensure that consumers are informed and protected; Background ( cont . ) • Employers retain their rights to maintain drug and alcohol free places of employment; • The health and safety of employees in the marijuana industry are protected; • Individuals must show proof of age before purchasing marijuana; • Selling, transferring or providing marijuana to minors and other individuals under the age of 21 remains illegal; • Driving, flying or boating while impaired to the slightest degree by marijuana remains illegal . Newly Defined Uses : A marijuana establishment includes : • a retail establishment at which the sale of marijuana and marijuana products is conducted, along with the possible cultivation and manufacture of marijuana products; • an off-site location where marijuana is cultivated, processed and products are made, but which does not conduct sales to consumers; • an off-site location at which marijuana products are manufactured, packaged and stored, but which does not conduct sales to consumers. Newly Defined Uses ( cont . ) • A marijuana testing facility includes ADHS facilities or facilities operated by another licensed entity to analyze the potency of, and test the marijuana for, harmful contaminants. The act does not : • change the medical marijuana laws, except that a licensed medical marijuana dispensary may also apply to offer recreational marijuana products to consumers over 21 years of age ( referred to as being a "dual licensee" ); • allow smoking in public or open spaces; • allow persons to operate motor vehicles, boats or fly aircraft under the influence . The act does : • impose a sales tax of 16% on recreational marijuana products; • allow people to consume marijuana products in private places, carry small quantities of marijuana and/or marijuana products and paraphernalia; • allow a person over the age of 21 to securely cultivate up to 6 plants in their own private residence ( no more than 12 plants if two or more persons over the age of 21 reside together); • set penalties for violators . City's Optionsfor Regulation — A City May : • Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas; • Limit the number of marijuana establishments or marijuana testing facilities, or both; • Prohibit marijuana establishments or marijuana testing facilities, or both; • Regulate the time, place and manner of marijuana establishment and marijuana testing facility operations; • Establish reasonable restrictions on public signage regarding marijuana, marijuana establishments and marijuana testing facilities; • Prohibit or restrict delivery within its jurisdiction . City's Options for Regulation — A City May Not : Enact any ordinance, regulation or rule that: • Is more restrictive than a comparable ordinance, regulation or rule that applies to non-profit medical marijuana dispensaries; • Makes the operation of a marijuana establishment or marijuana testing facility unduly burdensome if the locality has not prohibited marijuana establishments or marijuana testing facilities; • Conflicts with state law or rules adopted pursuant to state law; • Prohibits the transportation of marijuana by a marijuana establishment or marijuana testing facility on public roads; City's Optionsfor Regulation — A City May Not : ... ...enact a rule that: • 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 a marijuana establishment cooperatively at shared locations; • Except as expressly authorized by state law (Section 36-2851), prohibits or restricts any conduct or transaction allowed by this chapter, or imposes any liability or penalty in addition to that prescribed by this chapter for any conduct or transaction constituting a violation of this chapter. Sampling of what other cities are doing : ME & MTF ME Prohibited ex- MTF Prohibited Prohibition cept dual licensee • Gilbert: X X • Fountain Hills: X X • Payson X X • Sahuarita : X X • Tolleson : X X • Wickenburg: X • Queen Creek: X (ME = Marijuana Establishment; MTF = Marijuana Testing Facility) Possible Directions to Staff: • ALLOW EXISTING DISPENSARIES TO BECOME DUAL LICENSEES: - Require CUP amendment process; - Operate under the same rules as existing dispensaries; - Allow rec-mar sales too, but no cultivation or processing; - Allow med-mar to convert to rec-mar though CUP amendment; - AJ code still allows for med-mar cultivation & infusion kitchens; • TAKE NO ACTION : - ME would be treated like retail or liquor stores in 6-1, B2, B-3 zones; - MTF would be treated like light industrial uses in B-4, B-5 zones; - ME & MTF would be subject to states' minimum requirements; Possible Directions to Staff ( cont. ) : • PROHIBIT ANY NEW FREE-STANDING ME OR MTF USES IN CITY: - It is possible that in the future a new med-mar facility could apply for a CUP, which could lead to another dual licensee; • ALLOW ME OR MTF USES IN SIMILAR MANNER AS MED-MAR : - Through the CUP process; - In specific zoning districts; - With regulations on signage, delivery, hours of operation, separ- ations, limit on # of establishments, odor control, security, etc.; Possible Directions to Staff (cont. ) : • ALLOW ME & MTF OUTRIGHT IN SPECIFIC ZONING DISTRICTS: - With states' minimum regs., including odor control, security, etc.; - Subject to city's normal commercial development requirements; • OTHER??? Final Comments : • Staff report also contains a model ordinance drafted by the League of Cities and Towns for the possible regulation of marijuana establishments and marijuana testing facilities. • AJ presently has two licensed dispensaries which could apply to be dual licensees. Questions/direction to staff*?. 0 .-