Section 37.V Medical Marijuana and Marijuana Establishments

Section 37.V. Medical Marijuana and Marijuana Establishments
V. Medical Marijuana and Marijuana Establishments
  1. Purpose. The purpose of this Section is to address the enactment of A.R.S. Sections 28.1 and 28.2.
  2. Authority. A.R.S. §36-2806 A.R.S. §36-2857 authorizes counties to enact reasonable zoning regulations that limit the use of land for registered nonprofit medical marijuana dispensaries and other marijuana establishments to specified areas.
  3. Intent. The intent of this Section is:
    1. To acknowledge the primary authority of the Arizona Department of Health or its successor agency for enforcement of A.R.S. §36-2801, and A.R.S. §36-2850, and the authority of law enforcement agencies in all other circumstances.
    2. To acknowledge that, except as allowed by A.R.S. §36-2801, and A.R.S. §36-2850, the cultivation, use, and sale of marijuana is a law enforcement issue, and shall continue to be handled by the agencies having primary enforcement authority.
    3. To establish reasonable zoning regulations that limit the use of land for registered non-profit medical marijuana dispensaries and marijuana establishments as contemplated by A.R.S. §36-2801 and A.R.S. §36-2850.
  4. Definitions contained in A.R.S. §36-2801 and A.R.S. §36-2850 are adopted by reference.
  5. Investigation and enforcement. A complaint to the Development Services Department based upon a violation of the medical marijuana and marijuana establishments provisions of this Zoning Ordinance shall be referred to the agency having enforcement authority under A. R. S. §36-2806 and A.R.S. §36-2857. Due to the confidentiality of registration information, no investigation or enforcement action may be pursued independently by the Development Services Department, but a zoning violation may be asserted by the enforcing agency in conjunction with an enforcement action based upon violation of A . R . S . §36-2806 and A.R.S. §36-2857, or criminal actions that may be associated with the alleged zoning violation.
  6. A non-profit medical marijuana dispensary, a marijuana establishment and any associated cultivation location allowed under a state-issued registration certificate for that dispensary or marijuana establishment, does not violate this Zoning Ordinance if it meets the conditions listed below. The Development Services Department will verify the zoning of a parcel upon request of an applicant or enforcement agency. All other information shall be verified by the applicant or enforcement agency.
    1. It is operated in accordance with a valid registration certificate for the location; and
    2. It is located in a permanent building; and
    3. It is a minimum distance from any public or private school as provided in state law or regulation; and
    4. It is located in a C-MO (Commercial-Manufacturing/Open Lot Storage) zone, M-1 (Light Manufacturing) zone, M-2 (General Manufacturing) zone, or M-X (Heavy Manufacturing) zone; or
    5. It is located in a C-2 (General Commercial) zone, C-2H (Highway Commercial) zone, or COR (Commercial-Office Residential) zone with a Special Use Permit; or
    6. It is a grow facility, or a marijuana establishment, located in a C-MO (Commercial-Manufacturing /Open Lot Storage) zone, M-1 (Light Manufacturing) zone, M-2 (General Manufacturing) zone, M-X (Heavy Manufacturing) zone, or the A-D (Airport Development) zone.
  7. When a medical marijuana dispensary or a marijuana establishment is proposed to be located near the city limits of an incorporated city, the setbacks outlined in Paragraph 6 shall also be measured from uses and zones located within the corporate limits of the city, and the more stringent county or city setbacks will apply.
  8. Measurement of Distance. The distance between any dispensary or a marijuana establishment and school shall be measured as provided by state law or regulation. In the event that a method of measurement is not provided in state law or regulation, the distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line where the dispensary or a marijuana establishment is located to the nearest property line of the school.

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