Section R9-17-101. Definitions

In addition to the definitions in A.R.S. § 36-2801, the following definitions apply in this Chapter unless otherwise stated:

1.        “Acquire” means to obtain through any type of transac- tion and from any source.

2.        “Activities of daily living” means ambulating, bathing, dressing, grooming, eating, toileting, and getting in and out of bed.

3.        “Amend” means adding or deleting information on an individual’s registry identification card that affects the individual’s ability to perform or delegate a specific act or function.

4.        “Batch” means a specific lot of medical marijuana grown from one or more seeds or cuttings that are planted and harvested at the same time.

5.        “Batch number” means a unique numeric or alphanu- meric identifier assigned to a batch by a dispensary when the batch is planted.

6.        “Calendar day” means each day, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, statewide furlough day, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, statewide furlough day, or legal holiday.

7.        “CHAA” means a Community Health Analysis Area, a geographic area based on population, established by the Department for use by public health programs.

8.        “Change” means adding or deleting information on an individual’s registry identification card that does not sub- stantively affect the individual’s ability to perform or del- egate a specific act or function.

9.        “Commercial device” means the same as in A.R.S. § 41- 2051.

10.     “Cultivation site” means the one additional location where marijuana may be cultivated, infused, or prepared for sale by and for a dispensary.

11.     “Current photograph” means an image of an individual, taken no more than 60 calendar days before the submis- sion of the individual’s application, in a Department- approved electronic format capable of producing an image that:

a.        Has a resolution of at least 600 x 600 pixels but not more than 1200 x 1200 pixels;

b.        Is 2 inches by 2 inches in size;

c.        Is in natural color;

d.        Is a front view of the individual’s full face, without a hat or headgear that obscures the hair or hairline;

e.        Has a plain white or off-white background; and

f.         Has between 1 and 1 3/8 inches from the bottom of the chin to the top of the head.

12.     “Denial” means the Department’s final decision not to issue a registry identification card, a dispensary registra- tion certificate, or an approval of a change of dispensary or a dispensary’s cultivation site location, to an applicant because the applicant or the application does not comply with the applicable requirements in A.R.S. Title 36, Chapter 28.1 or this Chapter.

13.     “Dispensary” means the same as “nonprofit medical mar- ijuana dispensary” as defined in A.R.S. § 36-2801.

14.     “Dispensary agent” means the same as “nonprofit medi- cal marijuana dispensary agent” as defined in A.R.S. § 36-2801.

15.     “Edible food product” means a substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

16.     “Enclosed area” when used in conjunction with “enclosed, locked facility” means outdoor space sur- rounded by solid, 10-foot walls, constructed of metal, concrete, or stone that prevent any viewing of the mari- juana plants, and a 1-inch thick metal gate.

17.     “Entity” means a “person” as defined in A.R.S. § 1-215.

18.     “Generally accepted accounting principles” means the set of financial reporting standards established by the Finan- cial Accounting Standards Board, the Governmental Accounting Standards Board, or another specialized body dealing with accounting and auditing matters.

19.     “In-state  financial  institution”  means  the  same  as  in

A.R.S. § 6-101.

20.     “Legal guardian” means an adult who is responsible for a minor:

a.        Through acceptance of guardianship of the minor through a testamentary appointment or an appoint- ment by a court pursuant to A.R.S. Title 14, Chapter 5, Article 2; or

b.        As a “custodian” as defined in A.R.S. § 8-201.

21.     “Medical record” means the same as:

a.        “Adequate records” as defined in A.R.S. § 32-1401,

b.        “Adequate medical records” as defined in A.R.S. § 32-1501,

c.        “Adequate records” as defined in A.R.S. § 32-1800, or

d.        “Adequate records” as defined in A.R.S. § 32-2901.

22.     “Out-of-state financial institution” means the same as in

A.R.S. § 6-101.

23.     “Private school” means the same as in A.R.S. § 15-101.

24.     “Public place”:

a.        Means any location, facility, or venue that is not intended for the regular exclusive use of an individ- ual or a specific group of individuals;

b.        Includes, but not is limited to:

i.         Airports;

ii.        Banks;

iii.      Bars;

iv.      Child care facilities;

v.        Child care group homes during hours of opera- tion;

vi.      Common areas of apartment buildings, condo- miniums, or other multifamily housing facili- ties;

vii.     Educational facilities;

viii.   Entertainment facilities or venues;

ix.      Health care institutions, except as provided in subsection (24)(c);

x.        Hotel and motel common areas;

xi.      Laundromats;

xii.     Libraries;

xiii.   Office buildings;

xiv.   Parking lots;

xv.     Parks;

xvi.   Public transportation facilities;

xvii.  Reception areas;

xviii.  Restaurants;

xix.   Retail food production or marketing establish- ments;

xx.     Retail service establishments;

xxi.   Retail stores;

xxii.  Shopping malls;

xxiii.  Sidewalks;

xxiv.  rts facilities;

xxv.  Theaters; and

xxvi.  Waiting rooms; and

c.        Does not include:

i.         Nursing care institutions as defined in A.R.S. § 36-401,

ii.        Hospices as defined in A.R.S. § 36-401,

iii.      Assisted living centers as defined in A.R.S. § 36-401,

iv.      Assisted living homes as defined in A.R.S. § 36-401,

v.        Adult day health care facilities as defined in

A.R.S. § 36-401,

vi.      Adult foster care homes as defined in A.R.S. § 36-401, or

vii.     Private residences.

25.     “Public school” means the same as “school” as defined in

A.R.S. § 15-101.

26.     “Registry identification number” means the random 20- digit alphanumeric identifier generated by the Depart- ment, containing at least four numbers and four letters, issued by the Department to a qualifying patient, desig- nated caregiver, dispensary, or dispensary agent.

27.     “Revocation” means the Department’s final decision that an individual’s registry identification card or a dispensary registration certificate is rescinded because the individual or the dispensary does not comply with the applicable requirements in A.R.S. Title 36, Chapter 28.1 or this Chapter.

28.     “Working day” means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a state holiday or a state- wide furlough day.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by final rulemaking at 18 A.A.R. 3354, with an immediate effective date of December 5, 2012 (Supp. 12-4).