Before the “final” Arizona Department of Health Services rules issued on March 28, 2011, I prepared Bylaws for Arizona limited liability companies, for profit corporations and nonprofit corporations that intend to apply for a license to own and operate an Arizona medical marijuana dispensary. I have not been able to “finalized” my Bylaws because I have been waiting for the “final” version of the DHS rules to be set in concrete. I want to modify my Bylaws only one more time so I am waiting patently for DHS to “finalize” the rules.
You will notice that I have put “final” and “finalize” in quotes. I did that because despite DHS’ statements that the March 28, 2011, version of the rules was the final version, the rules have not yet been “finalized.” I attended a forum last Tuesday at which DHS Director Will Humble announced two important facts about the March 28, 2011, version of the rules.
- The rules will not be final until DHS delivers them to the Arizona Secretary of State on or before April 14, 2011.
- DHS intends to make changes to the March 28, 2011, version of the rules before submitting the rules to the Arizona Secretary of State.
Note to KEYTLaw Dispensary Clients & People Who Purchased Dispensary Bylaws Online in Our Store
My goal is to review the final final version of the rules delivered to the Arizona Secretary of State this coming weekend and modify the Bylaws as necessary to comply with the final rules. You should anticipate that my “final” version of the Bylaws will be available beginning on April 18, 2011.
If you are an owner of a not for profit LLC or corporation that I formed to own and operate an Arizona medical marijuana dispensary, you should have gotten an email message from me that I sent to you three days ago. In that message, I asked that the contact for your company send the following information to me so I can prepare the Bylaws for your company:
- Names of all members of the board of directors of the company
- Name of the President (must be one of the managers if the company is an LLC – can only have one President)
- Name of the Secretary (can be the same as the President)
- Name(s) of any Vice Presidents (optional officers)
- Name of the Treasurer (optional officer)
If I formed your company, make sure that your contact person sends an email message to me asap with the above information.