The purpose of this amendment is to protect the health, safety, and welfare of the community. Except as allowed by law for personal use, the town prohibits the retail sale, cultivation, storage, processing, testing, and manufacturing of marijuana products in the town, except as set forth hereafter.

(Ord. O2021.01, passed 2-25-2021)

   The words listed hereafter are to be construed as defined in this section unless it is clear for the context another meaning is intended.

      (1)   All of the parts of the plant genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.

      (2)   Includes cannabis as defined in A.R.S. § 13-3401.

      (3)   Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

      (1)   Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt compound, derivative, mixture, or preparation of that resin or tetrahydrocannabinol.

      (2)   Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.

      (1)   A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.

      (2)   A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be sold.

      (3)   A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana, and marijuana may not be sold to consumers.

(Ord. O2021.01, passed 2-25-2021)

   (A)   The use, sale, cultivation, manufacture, production, storage, or distribution of marijuana or marijuana products is prohibited on property that is occupied, owned, controlled or operated by the town.

   (B)   It is unlawful for an individual to smoke marijuana or consume marijuana products on property that is occupied, owned, controlled or operated by the town. This division shall not apply to lawful activities of law enforcement agencies.

   (C)   It is unlawful for an individual to smoke marijuana or consume marijuana products in any open space in the town.

(Ord. O2021.01, passed 2-25-2021)

   (A)   To the fullest extent allowable by law, the operation of a marijuana establishment is prohibited in the town, except where authorized for a dual licensee who:

      (1)   Operates both a licensed nonprofit medical marijuana dispensary and said medical marijuana dispensary was licensed to operate within the town limits of the Town of Guadalupe prior to the passage of Proposition 207 known as the "Smart and Safe Arizona Act," pursuant to Ordinance 2011-02 as modified by Ordinance 2016-01 and the right to continue such operation was confirmed by Ordinance 2017-02 and further has since obtained a license from the Department to operate a marijuana establishment from the Department at the same location as the medical marijuana dispensary; and

      (2)   Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department.

   (B)   Marijuana establishment:

      (1)   May be open to the public for business 24 hours a day, seven days a week unless otherwise revised by the Arizona Revised Statutes and/or new or revised administrative rules by the State of Arizona Department of Health.

      (2)   In addition to any permits or licenses issued by the State of Arizona and any of its departments or subdivisions, such marijuana establishment shall obtain a Town of Guadalupe business license and a privilege tax license.

(Ord. O2021.01, passed 2-25-2021; Ord. O2022.01, passed 2-10-2022; Ord. O2022.03, passed 9-8-2022)

   To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in the town.

(Ord. O2021.01, passed 2-25-2021)

   (A)   It is unlawful and a violation for a person to sell, cultivate, process, manufacture, store, or transport marijuana or marijuana products if the person fails to meet all of the requirements in this code or state law, including the Department's rules.

   (B)   Each day any violation of any provision of this subchapter of the code shall continue shall constitute a separate, public offense.

   (C)   Except as otherwise provided in A.R.S. § 36-2853, any violation of this subchapter § 154.090 through § 154.095 shall be a violation of § 10.99 of this code.

   (D)   Violations of this subchapter are in addition to any other violation enumerated within the town ordinances or the town code and in no way limits the penalties, actions, or abatement procedures which may be taken by the town for any violation of this subchapter, which is also a violation of any other ordinance or Code provision of the town, or federal or state law. Conviction and punishment or judgment and civil sanction against any other person shall not relieve such person from the responsibility of correcting prohibited conditions, or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.

   (E)   The remedies provided herein shall be cumulative and in addition to any other federal, state or local remedy which may be available. Nothing contained herein shall be construed to preclude prosecution under any other applicable statute, ordinance, rule, order or regulation.

(Ord. O2021.01, passed 2-25-2021)