36-2865. Enforcement of this chapter; special action
(Caution: 1998 Prop. 105 applies)
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 this chapter.
B. If the department fails to issue a license or send a notice of denial within sixty days after receiving a complete marijuana establishment 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 28.1 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 marijuana dispensary in good standing may begin to cultivate, produce, process, manufacture, transport and test marijuana and marijuana products and may sell marijuana and marijuana products to consumers until the department issues licenses to operate marijuana establishments. If this occurs, nonprofit medical marijuana dispensaries in good standing shall:
1. Be treated as marijuana establishments for all purposes under this chapter, and their nonprofit medical marijuana establishment agents shall be treated as marijuana facility agents for all purposes under this 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.