Question: Must all owners, officers and members of the board of directors of an Arizona medical marijuana dispensary be a citizen of the United States?
Answer: Apparently “the principal officer” or one board member must be a U.S. citizen as of today, January 26, 2011. It appears that no other owner, officer or director must be a U.S. citizen, except for the one “principal officer” or board member selected by the insiders to give proof of U.S. citizenship to the Arizona Department of Health Services.
Although Proposition 203 does not contain U.S. citizenship or Arizona residency requirements, the first draft of the Arizona Department of Health Services rules contain both requirements. Rule R9-17-107.F.1.d.v(1) requires that after a dispensary applicant receives the written notice of preliminary approval from DHS, the applicant shall submit to DHS “a copy of the principal officer or board member’s Arizona driver’s license or identification card issued before October 1, 1996, and one of the following:
(1) Birth certificate verifying U.S. citizenship,
(2 ) U. S. Certificate of Naturalization, or
(3) U. S. Certificate of Citizenship.”
My take from reading this poorly worded rule is that only one person who is an owner, officer or board member of an Arizona medical marijuana dispensary must be a United States citizen. The term “principal officer” is used 47 times in the rules, but the term is not defined.
