The purpose for the creation of title 17, chapter 17.18, sections 17.18.010 to 17.18.060 is to implement the provisions of the Arizona Medical Marijuana Act (Act), passed by the Arizona voters on November 2, 2010. The Act allows a "qualifying patient" who has a "debilitating medical condition" to obtain an "allowable amount of marijuana" from a "nonprofit medical marijuana dispensary" and to possess and use the marijuana to treat or alleviate the debilitating medical condition or symptoms associated with the medical condition. The Act requires the Arizona Department of Health Services to adopt and enforce a regulatory system for the distribution for medical use, including a system for approving, renewing, and revoking the registration of qualifying patients, designated caregivers, nonprofit dispensaries, and dispensary agents.

The Act further requires compliance with local governmental zoning rules and regulations including local approval before a dispensary is given permission to operate, for a local law enforcement plan for the disposal of "unusable marijuana" and for reporting of missing or stolen marijuana. This newly created chapter addresses the City of Willcox code regulations related thereto.

(Ord. NS306, § 2, 2011)

State law reference(s)-Arizona Medical Marijuana Act, A.R.S. 36-2801 et seq.

DHS Rule Reference: Title 9, Health Services, Chapter 17, DHS medical marijuana program.

The definitions contained in the Arizona Medical Marijuana Act, A.R.S. 36-2801 and R9-17-101, shall serve as the primary guide for the enforcement and practices of all such related activities. In addition, definitions contained herein are intended to further assist with the enforcement of this ordinance, as follows:

"Allowable amount of marijuana." With respect to a qualifying patient, "allowable amount of marijuana" means two and one-half-ounces of usable marijuana; and if the patient is authorized to cultivate marijuana, the patient may grow up to 12 marijuana plants contained in an enclosed, locked [facility] as defined in A.R.S. 36-2801.01.

"A.R.S." means the Arizona Revised Statutes.

"City" means the City of Willcox, Cochise County, Arizona.

"Enclosed area," when used in conjunction with "enclosed, locked facility" means outdoor space surrounded by solid, ten-foot walls, constructed of metal, concrete, or stone, that prevent any viewing of the marijuana plants, with a one-inch thick metal gate as defined in DHS R9-17-101(15).

"Enclosed, locked facility" means a closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by a cardholder.

"Dispensary" means the same as "nonprofit medical marijuana dispensary" as defined in A.R.S. 36-2801(11).

"Dispensary agent" means the same as "nonprofit medical marijuana dispensary agent" as defined in A.R.S. 36-2801(10).

"Department" or "DBS" means the Arizona Department of Health Services or its successor agency.

"Marijuana paraphernalia" means equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

"Marijuana" means all parts of the genus cannabis whether growing or not, and the seed of such plants as defined in A.R.S. 36-2801.

"Marijuana use" means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.

"Medical marijuana cultivation" means the process by which a person grows a marijuana plant.

"Medical marijuana cultivation site" means the one additional location where marijuana may be cultivated, infused, or prepared for sale by and for a dispensary as defined in DHS R9-17-101(10).

"Medical marijuana designated caregive cultivation site" means an enclosed facility that does not exceed, the square footage allowed by the department [DHS] for cultivation space, where a designated caregiver, as defined be A.R.S. 36-2801(05), cultivates marijuana if the designated caregiver's registry identification card provides that the designated caregiver is authorized to cultivate marijuana.

"Medical marijuana qualifying patient" means a person who has been diagnosed by a physician as having a debilitating, medical condition as defined in A.R.S. 36-2801(13).

"Medical marijuana qualifying patient cultivation site" means an enclosed facility, that does not exceed the square footage allowed by the department [DHS] for cultivation, space for each location, where a qualifying patient, as defined by A.R.S. 36-2801(13), cultivates marijuana if the qualifying patients registry identification card states that the qualifying patient is authorized to cultivate marijuana.

"Planning and zoning commission" means City of Willcox Planning and Zoning Commission.

(Ord. NS306, § 2, 2011)

Cross reference(s)-2008 Code, Ordinance NS 283 under Title 1, Chapter 4, Section, 1.04.020.

State law reference(s)-Arizona Medical Marijuana Act, Chapter 28.1, A.R.S. 36-2801 et seq.; police regulation, A.R.S. 9-240(12); ordinances A.R.S. 9-240(28), (29); regulate construction and buildings, A.R.S. 9-240 et seq. and 9-276 et seq.

DHS Rule Reference: Title 9, Health Services, Chapter 17, DHS medical marijuana program.

   A.A.A.C. Reference: 9 A.A.A.C. 8, Article 1.

(Ord. NS306, § 2, 2011)

As long as the Arizona Revised Statutes remain in full force and effect to allow medical, marijuana dispensaries, a medical marijuana dispensary is permitted as a special use permit. The planning and zoning commission may include any conditions it finds reasonably necessary to conserve and promote the public health, safety, convenience and general welfare. The planning and zoning commission must include the following permit conditions for issuance of a special use permit for a medical marijuana, dispensary. 

   A.   Special Use Permit Conditions.

      1.   Minimum Notification Area. The minimum notification area for a special use permit for a medical marijuana dispensary is 1,000 feet.

      2.   A medical marijuana dispensary may not be operated as a home occupation anywhere within the city limits.

      3.   An applicant for a special use permit for a medical marijuana dispensary must complete an application that includes all of the following information:

         a.   If the application is made by an agent for the owner, the agent must include a notarized certification from the owner that the owner knows that the proposed use of the property is as a medical marijuana dispensary.

         b.   The legal name of the medical marijuana dispensary.

         c.   The name, address, and date of birth of each principal officer and board member of the nonprofit medical marijuana dispensary and the name, address, and date of birth of each medical marijuana dispensary agent.

         d.   A copy of the operating procedures adopted in compliance with A.R.S. 36-2804(B)(l)(c).

         e.   A notarized certification that none of the principal officers or board members has been convicted of one of the following offenses:

            i.   A violent crime as defined in A.R.S. 13-901.03(B) that was classified as a felony in the jurisdiction where the person was convicted;

            ii.   A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted including an offense for which the sentence, any term of probation, incarceration or supervised release, was completed within the ten years prior to applying for the application for the dispensary or an offense involving conduct that would be immune from arrest, prosecution or penalty under A.R.S. 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the State of Arizona.

         f.   A notarized certification that none of the principal officers or board members has served as a principal officer or board member for a registered nonprofit medical marijuana dispensary that has had its registration certificate revoked.

      4.   An expiration date for the special use permit that requires reapplication or renewal of the permit after two years.

      5.   Permitted Locations. A medical marijuana dispensary is permitted in GC-1 (general commercial), CC-1 (central commercial), OC-2 (central commercial), HP-1 (historical preservation), H-l (highway service), I-1 (industrial), I-2 (industrial) zones if they meet the requirements of this chapter.

      6.   A requirement that the medical marijuana dispensary comply with all applicable chapters of the Willcox Municipal Code.

      7.   Applications for a special use permit under the provisions of this chapter for a nonprofit medical marijuana dispensary may only be made, received or held by a registered nonprofit medical marijuana dispensary agent for a registered and certified medical marijuana dispensary as provided in A.R.S. 36-2804.

   B.   Standard Conditions for Approval.

      1.   Consumption of Marijuana. Marijuana shall not be consumed by patients on the premises of the dispensary, cultivation facility or any medical marijuana facility. Nor shall it be consumed via smoking or vaporization form in any public area within the city. The term "premises" includes the actual building, as well as any accessory structures, outdoor areas, vehicles, parking lot or parking areas which are part of the approved location.

      2.   No dispensary shall display any medical marijuana paraphernalia or any implement that may be used to administer medical marijuana in the public areas of the dispensary for general sales to the public. Related medical marijuana paraphernalia and equipment may be provided for sales to qualifying patients or designated caregivers only.

      3.   The operator shall provide patients and employees with a list of the rules and regulations governing medical marijuana dispensaries and the use and consumption of medical marijuana within, the City of Willcox. Each patient and employee shall sign a copy of the rules and regulations and the operator shall keep said copy in its business records.

      4.   The dispensary may provide consultation to qualifying patients and designate caregivers on the effects of amount and forms of ingestion of different types of marijuana for medical use. The dispensary shall not provide other nonmedical marijuana health care services or products as part of the dispensary operations.

      5.   No person under the age of 18 may be present at a medical marijuana dispensary except with a "legal guardian" and with the prior written approval of the chief of police, or designee, for good cause shown.

      6.   A strict restriction on the medical marijuana dispensary offering a service that provides off-site delivery of the medical marijuana as required by the department [DHS].

      7.   Only persons with a registry identification card (RIC), as defined by A.R.S. 36-2801(14), authorized RIC holders, and authorized employees may be present at a medical marijuana dispensary.

      8.   A business license shall be required as provided under the provisions of title 4.

      9.   The medical marijuana dispensary shall comply with all the restrictions and requirements of the Arizona Medical Marijuana Act, A.R.S. 36-2801 through 36-2818, together with compliance with any regulations adopted by the Arizona Department of Health. Services pursuant to same, and said regulations are incorporated herein by this reference as if set forth in full.

      10.   No alcoholic beverages shall be sold, served, or consumed on the premises.

      11.   Each dispensary shall display in a manner legible and visible to its clientele:

         i.   Notice that persons without a registry identification card or under the age of 18 are not allowed on the premises except as provided by the department [DHS].

         ii.   That there be no consumption of medical marijuana on the premises of the dispensary.

         iii   Department [DHS] required postings.

      12.   Hours of operation shall be only from 8:00 a.m. to 5:00 p.m. for at least 30 hours per week.

      13.   The dispensary shall be operated in compliance with regulations promulgated by the department [DHS]. The city may adopt regulations regardless of the date of the grant of a business license or the approval of a special use permit. Such regulations may be amended from time to time as the city deems appropriate and shall be deemed to be incorporated in all medical marijuana dispensary special use permits authorized hereunder.

      14.   Medical marijuana dispensaries are not allowed to advertise.

      15.   Shall have an approved disposal plan from the Willcox Police Department for proper disposal of marijuana remnants or by-products ["unusable marijuana"] as required under R9-17-310, and not to be placed within the facility's exterior refuse containers.

      16.   Consent to Future Inspections. Acceptance of the business registration by a medical marijuana dispensary or cultivation facility from the City of Willcox constitutes consent by the registrant, owners, managers and employees to permit the city to conduct routine inspections of the licensed medical marijuana business to ensure compliance with this chapter or any other applicable law, rule or regulation.

      17.   Marijuana-infused edible food products dispensing facilities must comply with department [DHS] R9-17-319 and applicable requirements in 9 A.A.A.C. 8, Article 1. Such facilities shall be in compliance with all city codes, ordinances and regulations.

   C.   Development Standards.

      1.   Authorized Location:

         a.   A medical marijuana dispensary must be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.

         b.   A medical marijuana dispensary shall be located a minimum of 2,500 feet from all other medical marijuana dispensaries measured from the parcel boundaries.

         c.   A medical marijuana dispensary shall be located a minimum of 500 feet from schools, community service agency, activity facility and or activity where children may be enrolled, measured from the parcel boundaries.

         d.   A medical marijuana dispensary shall be located a minimum of 500 feet from a child care center, measured from the parcel boundaries.

         e.   A medical marijuana dispensary shall be located a minimum of 500 feet from a library, public community building, and a public park.

         f.   A medical marijuana dispensary shall be located a minimum of 500 feet from a church.

         g.   A medical marijuana dispensary shall be located a minimum of 500 feet from a residential substance abuse diagnostic and treatment facility or other drug or alcohol rehabilitation facility.

      2.   A medical marijuana dispensary may not have a drive-through service.

      3.   A medical marijuana dispensary may not have outdoor seating areas.

      4.   The maximum floor area of a medical marijuana dispensary shall be the square footage as required or allowed by the department [DHS].

      5.   The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall be the square footage as required or allowed by the department [DHS].

      6.   Development services director or designee may require additional ventilation and air filtration to ensure compatibility with adjacent uses.

      7.   The medical marijuana dispensary shall have an interior customer waiting area equal to 25 percent of the gross floor area or as required or allowed by the department [DHS],

      8.   Dispensary Entrance. A dispensary may have more than one means of egress from the interior so as to meet building codes and public safety concerns; however it shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana, The dispensary entrance shall be located and maintained clear of any barriers, landscaping and similar obstructions that may block the view so that the entrance and pedestrian access is clearly visible from the public street, sidewalk and parking area. Dispensaries are to be designed and constructed so that no area or portion where marijuana can be not visible from the exterior while requiring the entrance to be visible from a public street.

      9.   Security Plans. Pursuant to the Arizona Medical Marijuana Act (A.R.S. 36-2801), the DHS is responsible for promulgating regulations pertaining to dispensary security. A dispensary shall comply with DHS security requirements provide for adequate lighting, alarms, security cameras and locks in order to ensure the safety of persons and to protect the premises from theft. A floorplan showing the location, dimensions and type of security measure demonstrating that the medical marijuana dispensary will meet the definition of enclosed locked facility and will be conducted completely within an enclosed, locked building. Security plans of dispensary must be approved by the City of Willcox Police Department before special permit issued. Before dispensary is open, for business, dispensary security must be inspected and approved by the City of Willcox Police Department.

      10.   A requirement that the owner secure a certification from the state fire marshall or from another acceptable entity responsible for fire safety in the area in which the medical marijuana dispensary location is to be located stating that the structure complies with all fire code requirements and supply a copy of that certification to the development services department.

      11.   Security Lighting. During all nighttime hours, dispensaries shall illuminate exterior areas of the premises, including related parking areas, sidewalks and building entrances so that all areas are readily visible. During all hours, the medical marijuana dispensary shall illuminate those areas of the interior of the building where the public has access, including the public entry, reception area, and counter area, as well as the interior hallways, other building ingress/egress locations and locations where medical marijuana may be located, stored or processed. All outdoor lighting shall be in compliance with City of Willcox Municipal Code, title 14, light pollution and regulation.

      12.   Medical marijuana dispensaries must conform to regulations for other businesses with similar zoning and all applicable building, fire and safety codes.

      13.   Medical marijuana dispensary must be issued a certificate of occupancy (C of O) from the City of Willcox Development Services Department before it opens for business.

   D.   Community Impact Assessment. The planning and zoning commission may or may not approve a medical marijuana dispensary at a site if substantial evidence is presented that locating the dispensary at the proposed site will negatively impact neighboring property values or if substantial evidence is presented that shows that locating the dispensary at the proposed site will create an unreasonable risk to the health, safety or general welfare in the area.

   E.   Enforcement. The provisions of this subsection may be enforced through the use of the City Code general penalty clause provided for by title 17, chapter 17.96 as amended pursuant to Ordinance No. NS283 under title 1, chapter 4, section 1.04.020 or by injunction or other civil proceeding as provided by the Arizona Revised Statutes.

   F.   Permit Fees. The current adopted development services department special use permit fee.

(Ord. NS306, § 2, 2011)

Cross reference(s)-2008 Code, Ordinance NS283 under Title 1, Chapter 4, Section, 1.04.020.

State law reference(s)-Arizona Medical Marijuana Act, Chapter 28.1, A.R.S. 36-2801 et seq.; police regulation, A.R.S. 9-240(12); ordinances, A.R.S. 9-240(28), (29); regulate construction and buildings, A.R.S. 9-240 et seq.; 9-276 et seq.

DHS Rule Reference: Title 9, Health Services, Chapter 17, DHS medical marijuana program.

   A.A.A.C. Reference: 9 A.A.A.C. 8, Article 1.

As long as the Arizona Revised Statutes remain in full force and effect to allow medical marijuana dispensaries, a medical marijuana dispensary off-site cultivation is permitted as a special use permit. The planning and zoning commission may include any conditions it finds reasonably necessary to conserve and promote the public, health, safety, convenience and general welfare. The planning and zoning commission must include the following permit conditions for issuance of a special use permit for a medical marijuana dispensary off-site cultivation.

   A.   Special Use Permit Conditions.

      1.   Minimum Notification Area. The minimum notification area for a special use permit for a medical marijuana dispensary off-site cultivation is 1,000 feet.

      2.   A medical marijuana dispensary off-site cultivation may not be operated as a home occupation anywhere within the city.

      3.   An applicant for a special use permit for a medical marijuana dispensary off-site cultivation location must complete an application that includes all of the following information:

         a.   If the application is made by an agent for the owner, the agent must include a notarized certification from the owner that the owner knows that the proposed use of the property is as a medical marijuana dispensary off-site cultivation.

         b.   The legal name of the medical marijuana dispensary.

         c.   The name address and date of birth of each principal officer and board member of the nonprofit medical marijuana dispensary and the name, address, and date of birth of each medical marijuana dispensary agent.

         d.   A copy of the operating procedures adopted in compliance with A.R.S. 36-2804(B)(1)(c).

         e.   A notarized certification that none of the principal officers or board members has been convicted of one of the following offenses:

            i.   A violent crime as defined in A.R.S. 13-901.03(B) that was classified as a felony in the jurisdiction where the person was convicted;

            ii.   A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted including an offense for which the sentence, any term of probation, incarceration or supervised release, was completed within the ten years prior to applying for the application for the dispensary or an offense involving conduct that would be immune from arrest, prosecution or penalty under A.R.S. 36-2811, except that the conduct occurred before the effective date of that statute or was prosecuted by air authority other than the State of Arizona.

         f.   A notarized certification that none of the principal officers or board members has served as a principal officer or board member for a registered nonprofit medical marijuana dispensary that has had its registration certificate revoked.

      4.   An expiration date for the special use permit that requires reapplication or renewal of the permit after two years.

      5.   Permitted Locations. A medical marijuana dispensary off-site cultivation is permitted in GC-1 (general commercial), CC-1 (central Commercial), CC-2 (central commercial), HP-1 (historical preservation), H-l (highway service), I-1 (industrial), I-2 (industrial) zones if they meet the requirements of this chapter.

      6.   A requirement that the medical marijuana dispensary off-site cultivation location comply with all applicable chapters of the Willcox Municipal Code.

      7.   Applications for a special use permit under the provisions of this chapter for a nonprofit medical marijuana dispensary may only be made, received or held by a registered nonprofit medical marijuana dispensary agent for a registered and certified medical marijuana dispensary as provided in A.R.S. 36-2804.

   B.   Standard Conditions For Approval.

      1.   Consumption of Marijuana. Marijuana a shall not be consumed by patients on the premises of the dispensary, cultivation facility or any medical marijuana facility. Nor shall it be consumed via smoking or vaporization form in any public area within the city. The term "premises" includes the actual building, as well as any accessory structures, outdoor areas, vehicles, parking lot or parking areas which are part of the approved location.

      2.   No medical marijuana dispensary off-site cultivation location shall sell any medical marijuana paraphernalia or any implement to administer medical marijuana.

      3.   The operator shall place a list of the rules and regulations governing medical marijuana dispensaries and medical marijuana dispensary off-site cultivation locations in a conspicuous place. Each employee shall read and sign a copy of the rules and regulations and the operator shall keep said copy in its business records.

      4.   No person under the age of 18 may be present at a medical marijuana dispensary off-site cultivation location except with a "legal guardian" and with the prior written approval of the chief of police, or designee, for good cause shown.

      5.   Only persons with a registry identification card (RIC), as defined by A.R.S. 36-2801(14), authorized RIC holders, and authorized employees may be present at a medical marijuana dispensary off-site cultivation location.

      6.   A business license shall be required as provided under the provisions of title 4.

      7.   The medical marijuana dispensary off-site cultivation locations shall comply with all the restrictions and requirements of the Arizona Medical Marijuana Act, A.R.S. 36-2801 through 36-2818, together with compliance with any regulations adopted by the Arizona Department of Health Services pursuant to same, and said regulations are incorporated herein by this reference as if set forth in full.

      8.   No alcoholic beverages shall be sold, served, or consumed on the premises.

      9.   Hours of operation shall be only from 8:00 a.m. to 5:00 p.m. for at least 30 hours per week.

      10.   The medical marijuana dispensary off-site cultivation location shall be operated in compliance with regulations promulgated by the department [DHS]. The city may adopt regulations regardless of the date of the grant of a business license or the approval of a special use permit. Such regulations may be amended from time to time as the city deems appropriate and shall be deemed to be incorporated, in all medical marijuana dispensary off-site cultivation special use permits authorized hereunder.

      11.   Medical marijuana dispensaries off-site cultivation sites are not allowed to advertise.

      12.   Shall have an approved disposal plan from the Willcox Police Department for proper disposal of marijuana remnants or by-products ["unusable marijuana"] as required under R9-17-310, and not to be placed within the facility's exterior refuse containers.

      13.   Consent to Future Inspections. Acceptance of the business registration by a medical marijuana dispensary or cultivation facility from the City of Willcox constitutes consent by the registrant, owners, managers and employees to permit the city to conduct routine inspections of the licensed medical marijuana business to ensure compliance with this chapter or any other applicable law, rule or regulation.

      14.   Marijuana-infused edible food products dispensing facilities must comply with department [DHS] R9-17-319 and applicable requirements in 9 A.A.A.C. 8, Article 1. Such facilities shall be in compliance with all city codes, ordinances and regulations.

      15.   No sale of medical marijuana to "qualifying patient" allowed at cultivation facilities.

   C.   Development Standards.

      1.   Location;

         a.   A medical marijuana dispensary off-site cultivation location must be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.

         b.   A medical marijuana dispensary off-site cultivation location shall be located a minimum of 2,500 feet from all other medical marijuana dispensaries and medical marijuana dispensary off-site cultivation locations measured from the parcel boundaries.

         c.   A medical marijuana dispensary off-site cultivation location shall be located a minimum of 500 feet from schools, community service agency, activity facility and/or activity where children may be enrolled, measured from the parcel boundaries.

         d.   A medical marijuana dispensary off-site cultivation location shall be located a minimum of 500 feet from a childcare center, measured from the parcel boundaries.

         e.   A medical marijuana dispensary off-site cultivation location shall be located a minimum of 500 feet from a library, public community building, and a public park.

         f.   A medical marijuana dispensary off-site cultivation location shall be located a minimum of 500 feet from a church.

         g.   A medical marijuana dispensary off-site cultivation location shall be located a minimum of 500 feet from a residential substance abuse diagnostic and treatment facility or other drug or alcohol rehabilitation facility.

      2.   The maximum floor area of a medical marijuana dispensary off-site cultivation location shall be the square footage as required or allowed by the Arizona Department of Health [DHS].

      3.   The secure storage area for the medical marijuana stored at the medical marijuana dispensary off-site cultivation location shall be the square footage as required or allowed by the department [DHS].

      4.   Development services director or designee may require additional ventilation and air filtration to ensure compatibility with adjacent uses.

      5.   Medical Marijuana Dispensary Off-Site Cultivation Entrance. An off-site cultivation location may have more than one means of egress from the interior so as to meet building codes and public safety concerns; however it shall have a single secure entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana. The medical marijuana dispensary off-site cultivation entrance shall be located and maintained clear of any barriers, landscaping and similar obstructions that may block the view so that the entrance is clearly visible from the public street, sidewalk and parking area. Medical marijuana dispensary off-site cultivation locations are to be designed and constructed so that no area or portion where marijuana cannot be visible from the exterior while requiring the entrance to be visible from a public street.

      6.   Security Plans. Pursuant to the Arizona Medical Marijuana Act (A.R.S. 36-2801), the DHS is responsible for promulgating regulations pertaining to dispensary security. A medical marijuana dispensary off-site cultivation location shall comply with DHS security requirements provide for adequate lighting, alarms, security cameras and locks in order to ensure the safety of persons and to protect the premises from theft. A floorplan showing the location, dimensions and type of security measure demonstrating that the medical marijuana dispensary off-site cultivation location will meet the definition of enclosed, locked facility and will be conducted completely within an enclosed, locked building. Security plans of medical marijuana dispensary off-site cultivation location must be approved by the City of Willcox Police Department before special permit issued. Before the medical marijuana dispensary off-site cultivation location is issued certificate of occupation, medical marijuana dispensary off-site cultivation location security must be inspected and approved by the City of Willcox Police Department.

      7.   A requirement that the owner secure a certification from the state fire marshall or from another acceptable entity responsible for fire safety in the area in which the medical marijuana dispensary off-site cultivation location is to be located stating that the structure complies with, all fire code requirements and supply a copy of that certification to the development services department.

      8.   Security Lighting. During all nighttime hours, dispensaries shall illuminate exterior areas of the premises, including related parking areas, sidewalks and building entrances so that all areas are readily visible. All outdoor lighting shall be in compliance with City of Willcox Municipal Code, title 14, light pollution and regulation.

      9.   Medical marijuana dispensary off-site cultivation location must conform to regulations for other businesses with similar zoning and all applicable building, fire and safety codes.

      10.   Medical marijuana dispensary off-site cultivation location must be issued a certificate of occupancy (C of O) from the City of Willcox Development Services Department before it opens for business.

   D.   Community Impact Assessment. The planning and zoning commission may or may not approve a medical marijuana dispensary off-site cultivation location at a site if substantial evidence is presented that locating the dispensary at the proposed site will negatively impact neighboring property values or if substantial evidence is presented that shows that locating the medical marijuana dispensary off-site cultivation location at the proposed site will create an unreasonable risk to the health, safety or general welfare in the area.

   E.   Enforcement. The provisions of this subsection may be enforced through the use of the City Code general penalty clause provided for by title 17, chapter 17.96 as amended pursuant to Ordinance No. NS283 under title 1, chapter 4, section, 1.04.020 or by injunction or other civil proceeding as provided by the Arizona Revised Statutes.

   F.   Permit Fees. The current adopted development services department special use permit fee.

(Ord. NS306, § 2, 2011)

Cross reference(s)-2008 Code, Ordinance No. NS283 under Title 1, Chapter 4, Section, 1.04.020.

State law reference(s)-Arizona Medical Marijuana Act, Chapter 28.1, A.R.S. 36-2801 et seq.; police regulation, A.R.S. 9-240(12); ordinances, A.R.S. 9-240(28), (29); regulate construction and buildings, A.R.S. 9-240 et seq.; 9-276 et seq.

BUS Rule Reference: Title 9, Health Services, Chapter 17, DHS medical marijuana program.

   A.A.A.C. Reference: 9 A.A.A.C. 8, Article 1.

As long as the Arizona Revised Statutes remain in full force and effect to allow medical marijuana dispensaries, nondispensary cultivation is permitted. The planning and zoning commission may include any conditions it finds necessary to conserve and promote the public health, safety, convenience and general welfare.

   A. l. Medical marijuana cultivation location, for a registered qualifying patient:

      1.   Allowed as an accessory to a primary residence.

      2.   Must be conducted in a completely enclosed, locked building.

      3.   Must have a legible copy of a valid medical marijuana registry qualifying patient identification card, the original of which is issued by the State of Arizona, plainly displayed inside of the doorway.

      4.   The qualified patient cultivation must be at least 25 miles from a medical marijuana dispensary.

      5.   Consent to Future Inspections. City of Willcox constitutes consent by the registered qualifying patient to permit the city to conduct routine inspections to ensure compliance with this chapter or any other applicable law, rule or regulation.

   A. 2. Development Standards.

      1.   All conditions and restrictions for medical marijuana dispensary offsite cultivation locations except that the designated caregiver cultivation location cultivation area is limited to 25 square feet.

      2.   Medical marijuana cultivation as an accessory use to the qualifying patient's primary residence must not be detectable from exterior of the building in which the cultivation takes place.

      3.   Development services director or designee may require additional ventilation and air filtration to ensure compatibility with adjacent uses.

      4.   Security Plans. Pursuant to the Arizona Medical Marijuana Act and A.R.S. 36-2801, the DHS is responsible for promulgating regulations pertaining to dispensary security. A medical marijuana cultivation location for a registered qualifying patient shall comply with DHS security requirements provide for adequate lighting, alarms, security cameras and locks in order to ensure the safety of persons and to protect the premises from theft, and must be inspected and approved by the Willcox Police Department.

      5.   Shall have an approved disposal plan from the Willcox Police Department for proper disposal of marijuana remnants or by-products ["unusable marijuana"] as required under R9-17-310, and not to be placed within the facility's exterior refuse containers.

      6.   In the event that a registered nonprofit medical marijuana dispensary begins operating within 25 miles of the qualifying patient's home subsequent to the establishment of the cultivation facility, all such cultivation operations shall cease within 15 days and equipment and materials shall be removed from the premises.

   B. l. Medical Marijuana Cultivation Location for a Registered Designated Caregiver.

      1.   Allowed as an accessory to a primary residence.

      2.   Must be conducted in a completely enclosed, locked building.

      3.   Must have a legible copy of a valid medical marijuana registry qualifying patient identification card, the original of which is issued by the State of Arizona, plainly displayed inside of the doorway.

      4.   The qualified patient cultivation must be at least 25 miles from a medical marijuana dispensary.

      5.   Consent to Future Inspections. City of Willcox constitutes consent by the registered qualifying patient to permit the city to conduct routine inspections to ensure compliance with this chapter or any other applicable law, rule or regulation.

   B. 2. Development Standards.

      1.   All conditions and restrictions for medical marijuana dispensary off-site cultivation locations except that the designated caregiver cultivation area is limited to 25 square feet.

      2.   Medical marijuana cultivation as an accessory use to the qualifying patient's primary residence must not be detectable from exterior of the building in which the cultivation takes place.

      3.   Development services director or designee may require additional ventilation and air filtration to ensure compatibility with adjacent uses.

      4.   Security Plans. Pursuant to the Arizona Medical Marijuana Act and A.R.S. 36-2801, the DHS is responsible for promulgating regulations pertaining to dispensary security. A medical marijuana designated caregiver cultivation location shall comply with DHS security requirements, provide for adequate lighting, alarms, security cameras and locks in order to ensure the safety of persons and to protect the premises from theft, and must be inspected and approved by the Willcox Police Department.

      5.   Shall have an approved disposal plan from the Willcox Police Department for proper disposal of marijuana remnants or by-products ["unusable marijuana"] as required under R9-17-310, and not to be placed within the facility's exterior refuse containers.

      6.   In the event that a registered nonprofit medical marijuana dispensary begins operating within 25 miles of the qualifying patient's home subsequent to the establishment of the cultivation facility, all such cultivation operations shall cease within 15 days and equipment and materials shall be removed from the premises.

(Ord. NS306, § 2, 2011)

Cross reference(s)-2008 Code, Ordinance NS283 under Title 1, Chapter 4, Section 1.04.020.

State law reference(s)-Arizona Medical Marijuana Act, Chapter 28.1, A.R.S. 36-2801 et seq.; police regulation, A.R.S. 9-240(12); ordinances, A.R.S. 9-240(28), (29); regulate construction and buildings, A.R.S. 9-240 et seq.; 9-276 et seq.

BUS Rule Reference: Title 9, Health Services, Chapter 17, DHS medical marijuana program.

   A.A.A.C Reference: 9 A.A.A.C. 8, Article 1.