Arizona Medical Marijuana Act(AMMA)

Proposed Amendments to the Cochise County Zoning Regulations

Board of SupervisorsMarch 15, 2011

Background

The AMMA legalizes the use of marijuana to treat specific debilitating medical conditions.

Allows for the creation of medical marijuana uses operated by not-for-profit organizations for the cultivation, infusion and dispensing of medical marijuana products.

Allows for a qualifying patient to grow up to 12 plants.

Allows designated caregivers to grow up to 12 plants for up to 5 qualifying patients if there is no dispensary located within 25 miles of the qualifying patient’s home.

AZ Dept. of Health Services

Final rules released on March 28th; applications for dispensary registration certificates will be accepted beginning in May.

Has the responsibility to issue dispensary licenses; however, approval would be contingent upon compliance with local zoning requirements.

The ADHS plans to allocate certificates on the basis of Community Health Analysis Areas (CHAAs).

Cochise County CHAAs

State Requirements

Authorizes the BOS to adopt reasonable zoning regulations to limit the land use of dispensaries, as well for any cultivation or infusion facilities.

Facilities shall have a single secure entrance.

Facilities shall implement appropriate security measures to deter and prevent theft; all cultivation must take place in an enclosed, locked facility.

Prohibits on-site use or consumption.

Facilities shall not be located within 500-ft. of existing schools.

Prohibits home growing within 25 miles of a dispensary.

PNZ Commission March 9, 2011

The Commission voted unanimously to forward a recommendation of approval to the Board of Supervisors

1. Medical Marijuana Cultivation Facility:

A building, structure, or premises used for the cultivation and storage of medical marijuana that is physically separate and off-site from a medical marijuana dispensary.

2. Medical Marijuana Dispensary:

A nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2801 that sells, distributes, transmits, gives, dispenses, or otherwise provides medical marijuana to qualifying patients.

3. Medical Marijuana Dispensary Cultivation Facility:

A building, structure or premises where marijuana will be cultivated for sale at a non-profit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804.

4. Medical Marijuana Infusion Facility:

A facility that incorporates medical marijuana into consumable/edible goods by means of cooking, blending, or any other type of incorporation.

5. Medical Marijuana Uses:

Shall include collectively medical marijuana cultivation facilities, medical marijuana dispensaries, medical marijuana dispensary cultivation facilities, medical marijuana infusion facilities and medical marijuana use, per Arizona Revised Statutes Title 36, Chapter 28.1.

Recommended Definitions

Recommended Amendments

Allow medical marijuana dispensary cultivation facilities, dispensaries and infusion facilities in the RU-4, RU-10, RU-18, RU-36, GB and LI Zoning Districts subject to Special Use Permit approval.

Would have dedicated minimum setback requirements from existing residential uses in residential Zoning Districts and approved subdivisions.

Allow medical marijuana cultivation in the RU-4, RU-10, RU-18, RU-36, GB, LI and HI Zoning Districts with a Special Use Permit with dedicated minimum setback requirements.

Recommended Site Development Standards (Minimum Separation From Various Uses)

Medical Marijuana Cultivation Facilities, Medical Marijuana Dispensaries, Medical Marijuana Dispensary Cultivation Facilities and Medical Marijuana Infusion Facilities be located no closer than 500-ft, as measured from the property boundary, from the following land uses:

1. Schools (Private or Public);

2. Any other medical marijuana dispensary or infusion facility;

3. Any library; and

4. Day Care Centers (Private or Public)

Staff recommends that Medical Marijuana Cultivation Facilities, Medical Marijuana Dispensaries, Medical Marijuana Dispensary Cultivation Facilities and Medical Marijuana Infusion Facilities be located no closer than 300 feet, as measured from:

1. Any existing residential use located in a residential zoning district or an approved subdivision. The distance would be measured in a straight and direct horizontal line between the closest exterior wall of the medical marijuana dispensary to the closest exterior wall of the nearest principal residential structure(s).

Recommended Site Development Standards (Minimum Separation From Residential)

Recommended Requirements

Staff recommends the following standards to be included in Article 18 for medical marijuana dispensaries, dispensary cultivation and infusion facilities:

1. All medical marijuana dispensaries, cultivation and infusion facilities shall be located in a permanent building and may not be located in a trailer, cargo container, or motor vehicle;

2. No medical marijuana dispensaries, cultivation and infusion facilities shall provide drive-through services; and

3. No medical marijuana dispensaries, cultivation and infusion facilities shall provide outdoor seating areas.

Recommendation

Staff recommends that the Board adopt the Resolution, thus approving the text amendments to the Zoning Regulations.

Questions

1. RU-4 and larger, GB and LI as permitted use with dedicated site development standards (e.g., larger setbacks, maximum building footprint, etc.)

2. RU-4 and larger, GB and LI, with SUP

3. RU-4 and larger, GB and LI, with SUP and dedicated site development standards (Staff’s Recommendation)

4. RU-4 and larger and GB, as permitted use with dedicated site development standards

5. RU-4 and larger and GB, with SUP with dedicated site development standards

6. GB only, with SUP

7. GB only, with SUP with dedicated site development standards

Options for Dispensaries

Dispensary -- Off-site Cultivation

1. RU-4 and larger, GB, LI and HI as a permitted use with dedicated site development standards.

2. RU-4 and larger, GB, LI and HI with SUP.3. RU-4 and larger, GB, LI and HI with SUP with dedicated site

development standards (Staff’s Recommendation).

“Do Nothing”

1. Dispensaries  can  establish anywhere; subject to State regs only.  2. Codify that medical marijuana dispensaries shall be treated as "retail

sales" & cultivation as "commercial plant nursery."3. Codify that marijuana-related retail sales and cultivation shall be

setback 500 ft. from existing schools, per ADHS.

Considerations…

Possible Site Development Standards for Dispensaries

Limited hours of operation

Limited maximum footprint of building

Require to be located in a permanent building and may not be located in a trailer, cargo container, or motor vehicle

Prohibit drive-through and delivery services

Require that they not emit dust, fumes, vapors, or odors

Prohibit consumption of marijuana on the premises

Prohibit the provision of any outdoor seating areas

Setbacks -- Other AZ Jurisdictions

In an effort to minimize impacts, some jurisdictions require that they be located at least 500-ft from all of the following land uses:

Other medical marijuana uses Residential substance abuse treatment facilities Residentially zoned property. Public, private, or other or educational facilities catering to children. Childcare centers Public libraries and parks Churches or religious institutions Airports Bars, taverns and/or establishments with a liquor license

Another Rural AZ County (Graham)

Added definitions, including: Medical marijuana Medical marijuana cultivation Medical marijuana dispensary Medical marijuana infusion Medical marijuana qualifying patients

Amended ag districts by adding language to allow cultivation as a permitted use, subject to conditions and limitations, including:

Identifying the names and locations of offsite dispensaries associated with the cultivation operation

Copy of operating procedures Survey showing the location of the nearest dispensary or

cultivation site.

Includes provisions to prohibit dispensaries near residential zoning.

City/Town MedicalMarijuanaDispensary

Residential Zoning

Schools;Childcare

Church Public Park

Library;Community Center

Substance,Rehab or Transition Housing

AdultBusiness

Group Home

League of AZ Cities

X X X X X X

Tempe X X X X X X

Mesa X X X X X X X

Gilbert X X X X X

Queen Creek

X X X X X X X

Phoenix X X X X X X

Scottsdale X X X X X X

Tucson X X X X X X

Flagstaff X X (schoolsonly)

Zoning/Land Use Concerns

Dispensaries & site locations in proximity to:

schools and child care places of worship drug/alcohol rehab facilities bars/taverns other medical marijuana dispensaries airports parks libraries residential properties

Crime