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Medical Marijuana and County Zoning Ordinances




by:
Renaud Cook Drury Mesaros PA - Phoenix Office

 
April 22, 2013

Previously published on Spring 2013

On April 11, 2013, Governor Brewer signed SB 1098 which allows county zoning ordinances to apply to the cultivation of cannabis or marijuana.

History - Arizona Revised Statutes (A.R.S.) § 11-811 permits the county board of supervisors to adopt zoning ordinances for the purpose of conserving and promoting public health, safety, convenience and the general welfare.  A zoning district may be designated for various residential, business or industrial uses.  Zoning districts are not permitted to impose fees unauthorized by law or regulate or restrict the use of contiguous commercial tracts of land of at least five acres for railroad, mining, metallurgical, grazing or general agriculture purposes. 

As passed in 2010 by the voters, the Arizona Medical Marijuana Act allows persons with certain debilitating medical conditions to obtain an allowable amount of marijuana from a dispensary.  Pursuant to A.R.S. § 36-2804.02, qualifying patients must obtain a registry identification card from the Arizona Department of Health Services to possess the allowable amount of marijuana.  Patients will receive a designation on their registry identification card allowing for the cultivation of marijuana if the patient does not live within 25 miles of a registered, operating non-profit medical marijuana dispensary. Cities, towns and counties have the authority to enact reasonable zoning regulations that limit the use of land for registered non-profit medical marijuana dispensaries to specified areas (A.R.S. § 36-2806.01).

Marijuana, as defined in A.R.S. § 36-2801, means all parts of any plant of the genus cannabis, whether growing or not, and the seeds of such plant.  As defined in A.R.S. § 13-3401, cannabis means the resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin.  Excluded from the definition of cannabis is any oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant, except the resin extracted from the stalks or any fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

Provisions -  Allows county zoning ordinances to apply to the cultivation of cannabis or marijuana.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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