Dewey Humboldt City Zoning Code
MEDICAL MARIJUANA
§ 153.205 PURPOSE.
It is the purpose and intent of this subchapter (as enabled by A.R.S. Title 36, Chapter 28, Arizona Medical Marijuana Act) to regulate the sale and cultivation of medical marijuana to promote the health, safety, morals and general welfare of the citizens of the town and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of medical marijuana related businesses within the town, thereby reducing or eliminating adverse and secondary effects from such businesses. It is neither the intent nor effect of this subchapter to restrict or deny access to distributors and cultivators or medical marijuana to their intended market. Neither is it the intent nor the effect of this subchapter to condone or legitimize the production or distribution of medical marijuana.
(Ord. 11-83, passed 4-19-2011)
§ 153.206 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EDIBLE FOOD PRODUCT. A substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
INFUSION or INFUSE. The act or process of mixing, blending, combining, or otherwise admixing medical marijuana or the active ingredients of medical marijuana into an edible food product.
INFUSION FOOD ESTABLISHMENT. A food processing or other food establishment of any type or size, not operated by a medical marijuana dispensary and not located at a medical marijuana facility or a medical marijuana cultivation site, but which is permitted under Arizona state law to contract with and does provide to a medical marijuana dispensary edible food products infused with medical marijuana.
MEDICAL MARIJUANA. All parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant, used to treat or alleviate a debilitating medical condition or the symptoms associated with the debilitating medical condition of a person who is registered with and identified by the Arizona State Department of Health Services as a registered qualifying patient.
MEDICAL MARIJUANA CULTIVATION SITE. The physical location in which medical marijuana is grown, cultivated, packaged or stored, or from which medical marijuana is delivered, transferred, transported, or supplied to another medical marijuana facility.
MEDICAL MARIJUANA DISPENSARY. A not-for-profit entity registered with and approved to operate by the Arizona State Department of Health Services that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells, or dispenses medical marijuana or related supplies and educational materials to cardholders, as that term is defined in A.R.S. § 36-2801.
MEDICAL MARIJUANA FACILITY. The physical location from which medical marijuana is dispensed, cultivated, stored and/or infused.
RELATED SUPPLIES. Any equipment, product, or material of any kind that is primarily
intended or designed for the purpose of assisting a person who is registered with and identified by the Arizona State Department of Health Services as a registered, qualifying patient in smoking or otherwise consuming medical marijuana.
(Ord. 11-83, passed 4-19-2011)
§ 153.207 ESTABLISHMENT AND LOCATION.
The establishment of any medical marijuana dispensary, infusion food establishment or cultivation business shall be permitted only in C-3 (Commercial and Minor Industrial), M1, (Industrial; General Limited), and M2 (Industrial; Heavy) Zoning Districts and shall be subject to the Arizona Administrative Code, Title 9, Health Services, Chapter 17 Department of Health Services, Medical Marijuana Program and the approval of a use permit as described in § 153.091 and the following performance standards.
(A) The physical location of any medical marijuana facility shall not be closer than 1,000 feet of a public or private school, bona fide childcare facility or church existing before the date of application to establish a medical marijuana facility. The distance shall be measured in a straight line building to property line without regard to intervening structures or objects.
(B) The physical location of any medical marijuana dispensary, infusion food establishment or cultivation facility shall not be closer than 250 feet of a residentially zoned property existing before the date of application to establish a dispensary, cultivation or infusion food facility. The distance shall be measured in a straight line building to property line without regard to intervening structures or objects.
(C) The distance between any two medical marijuana facilities shall not be closer than 1,000 feet. The distance shall be measured in a straight line building to building without regard to intervening structures or objects.
(D) The maximum aggregate floor area of a medical marijuana dispensary shall be no larger than 2,500 square feet.
(E) The maximum aggregate floor area of a medical marijuana dispensary that includes a cultivation site or an infusion food establishment shall be no larger than 4,000 square feet.
(F) The maximum aggregate floor area of a medical marijuana cultivation facility inclusive of or without an infusion food establishment is 10,000 square feet.
(G) The exterior of the building shall be lighted from dusk until dawn in compliance with “dark sky” regulations except that lighting at all exterior doors shall measure five foot-candles per square foot on the ground ten feet away from the building.
(H) Maintain an eight-foot tall chain-link fence around the facility and parking area to remain closed and secured during hours of non-operation.
(I) No drive-through service shall be permitted.
(J) Shall not provide off-site delivery of medical marijuana except that a medical marijuana cultivation facility may transport medical marijuana to medical marijuana dispensaries and between dispensaries and/or infusion food establishments per Arizona Health Services R9-17-317.
(K) Any type of medical marijuana facility shall not emit dust, fumes, vapors or odors into the environment.
(L) Any type of medical marijuana facility shall not have outdoor seating areas except for the use of employees only when located in a secure area.
(M) No signs advertising, or any other advertising matter used in connection with any medical marijuana facility shall be of an offensive nature and shall in no way be contrary to town code.
(Ord. 11-83, passed 4-19-2011) Penalty, see § 153.999
§ 153.208 HOURS OF OPERATION.
Unless specified otherwise through the use permit process medical marijuana dispensaries shall only operate between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday. Dispensaries may only receive product during daylight hours. Medical marijuana cultivation facilities may operate round the clock as needed, however product may only be shipped during daylight hours.
(Ord. 11-83, passed 4-19-2011) Penalty, see § 153.999