/ Modified aug 21, 2020 10:08 a.m.

Arizona Supreme Court: Every county can have a marijuana dispensary despite cap

State law says the maximum number of dispensaries can be exceeded to ensure there is one every county.

Marijuana dispensary3 A dispensary employee weighing and portioning marijuana.

The Arizona Supreme Court ruled that the Arizona Department of Health Services made a mistake in turning down an application for a marijuana dispensary in La Paz County.

In 2016, Saguaro Healing LLC, applied to open a marijuana dispensary in La Paz County. The state Department of Health Services turned that application down because the maximum number of dispensaries allowed by state law had been met.

At the time of the ADHS decision, La Paz County did not have a dispensary.

The court ruled Thursday that the dispensary permit should have been issued because the law that sets the maximum number of dispensaries also says that number can be exceeded in order to ensure that there is a dispensary in every county.

State law sets the number of dispensaries each year as equal to one dispensary for every 10 pharmacies in the state. The law says the number can be exceeded to ensure there is a dispensary in every county.

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