Section 4-230 Recreational and Medical Marijuana (Created by Ordinance #409 11-10-20 – Effective 12-10-20)
A. Purpose. This section is adopted to protect the health, safety, and welfare of the community. Except as allowed by law for personal, private use, the Town enacts reasonable regulations and requires compliance with zoning laws for the retail sale, cultivation and manufacturing of marijuana or marijuana products in a marijuana establishment or marijuana testing facility and the cultivation, processing and manufacturing of marijuana in a primary residence. Nothing in this section is intended to promote or condone the sale, cultivation, manufacture, transport, production, distribution, possession, or use of marijuana or marijuana products in violation of any applicable law.
B. Definitions. The below words and phrases, wherever used in this section, shall be construed as defined in this section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
Chemical extraction: The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.
Chemical synthesis: Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.
Consume, consuming, and consumption: The act of ingesting, inhaling or otherwise introducing marijuana into the human body.
Consumer: An individual who is at least twenty-one years (21) of age and who purchases marijuana or marijuana products.
Cultivate and cultivation: To propagate, breed, grow, prepare and package marijuana.
Deliver and delivery: The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.
Department: The state of Arizona Department of Health Services or its successor agency.
Dual licensee: An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
Enclosed area: A building, greenhouse, or other structure that has:
a. A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof;
b. Is secure against unauthorized entry;
c. Has a foundation, slab or equivalent base to which the floor is securely attached; and
d. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors.
Extraction: The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes.
Manufacture and manufacturing: To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
a. Means all parts of the plant of the 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.
b. Includes cannabis as defined in A.R.S. § 13-3401.
c. 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.
a. Means resin extracted from any part of a plant of the genus Cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.
b. 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.
Marijuana establishment: An entity licensed by the Department to operate all of the following:
a. A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
b. 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 transferred or sold to consumers.
c. A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
Marijuana products: Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.
Marijuana testing facility: The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants.
Medical marijuana: All parts of marijuana as defined by A.R.S. § 36-2801(8), used pursuant to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency.
Medical marijuana caregiver facility: A facility assisting with the use of medical marijuana and operated by an individual or entity registered by the state of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures.
Medical marijuana cultivation: The growing of medical marijuana plants, as authorized by the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures.
Medical marijuana dispensary: A nonprofit entity as defined in A.R.S. § 36-2801(11), and operated by an individual or entity registered by the state of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures.
Medical marijuana processing facility: A facility that:
a. Engages in the growing of medical marijuana and/or incorporates medical marijuana into consumable or edible goods by the means of cooking, or blending;
b. Is operated by an individual or entity registered by the state of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency, including compliance with security measures; and
c. Is associated with a medical marijuana dispensary.
Medical marijuana qualifying patient: A person who has been diagnosed by a physician as having a debilitating medical condition as defined in A.R.S. § 36-2801.13 and is registered with the state of Arizona according to the Arizona Medical Marijuana Act and the regulations promulgated by the Arizona Department of Health Services or its successor agency.
Nonprofit medical marijuana dispensary: A nonprofit entity as defined in A.R.S. § 36-2801(12).
Open space: A public park, public sidewalk, public walkway or public pedestrian thoroughfare.
Person: An individual, partnership, corporation, association, or any other entity of whatever kind or nature.
Process and processing: To harvest, dry, cure, trim or separate parts of the marijuana plant.
Public place: Has the same meaning prescribed in the Smoke-Free Arizona Act, A.R.S. § 36-601.01 and further regulated in Chapter 10, Offenses, Article 10-2, Smoking, of the Town Code of the Town of Clarkdale.
Smoke: To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.
Storefront location: The use shall be located in a permanent building on an established foundation adhering to Town building codes and shall not include any temporary, portable or self-powered mobile facilities, or trailer, cargo container or motor vehicle.
C. Marijuana Establishments Permitted – Nonresidential.
1. If authorized by state law and a valid permit has been obtained from the Town, a marijuana establishment or a medical marijuana dispensary is permitted in Clarkdale, subject to the following conditions and limitations:
a. To the fullest extent allowable by law, shall be authorized in Clarkdale for:
i. A dual licensee who operates both a nonprofit medical marijuana dispensary and marijuana establishment.
ii. Any other entity licensed by the Department to provide marijuana or marijuana products to consumers.
3. Shall be authorized in Commercial and Central Business District Zoning Districts, except that there shall be no cultivation.
4. Infusion of marijuana into food products by a marijuana establishment with a valid food establishment license shall be permitted as a conditional use in the Commercial and Central Business District Zoning Districts.
5. Shall not be located within 500 feet of a preschool, kindergarten, elementary, secondary or high school. This distance shall be measured from the lot line of the property in which the business is conducted or proposed to be conducted to the property line of the protected use.
6. Shall be located in a permanent building on an established foundation adhering to Town building codes and shall not include any temporary, portable or self-powered mobile facilities, or trailer, cargo container or motor vehicle.
7. Shall be a total maximum 1,500 square feet. Maximum square footage may be expanded subject to use permit application and hearing procedures set forth under Chapter 5, Conditional Use Permit, of the Zoning Code of the Town of Clarkdale.
8. The secure storage area for the marijuana stored at the location shall not exceed 500 square feet of the total 1,500-square-foot maximum floor area of the facility. Maximum square footage may be expanded subject to use permit application and hearing procedures set forth under Chapter 5, Conditional Use Permit, of the Town of Clarkdale Zoning Code.
9. Shall not provide drive-thru services or offsite deliveries of marijuana or marijuana products.
10. Shall allow on-site consumption or ingestion of food products infused with marijuana by a marijuana establishment only in the Commercial or Commercial Business Districts with a conditional use permit and with a valid food establishment license in the storefront location where the infused food product was produced.
11. Shall provide for proper disposal of marijuana remnants or by-products. The remnants or by-products shall not to be placed within the facility’s exterior refuse containers, Town trash can, bin or other Town facility, or in any park refuse container unless authorized by the Town.
12. Shall not emit dust, fumes, vapors or odors into the environment from the facility and shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the Town of Clarkdale.
13. Shall not sell marijuana or marijuana products, except as permitted by state law to consumers.
14. Shall not display or keep marijuana or marijuana products that are visible from outside the premises.
15. Shall be located in a storefront with windows facing the street. Window covers shall be open during business hours.
16. Shall utilize one (1) secure entrance/exit for customer use where purchasing area is located.
17. Shall comply with applicable county health regulations for food preparation and handling.
18. Shall submit a written security plan to the Community Development Department that describes the actions taken to deter and prevent unauthorized entrance into limited access areas including use of security equipment, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras.
19. For a marijuana establishment located in the Industrial (I) Zoning District that engages in cultivation or manufacturing, shall submit a written operations plan to the Community Development Department that describes the following:
a. Procedures showing that the marijuana cultivation will be conducted in accordance with state and local laws and regulations regarding use and disposal of pesticides and fertilizers.
b. The legal water source, irrigation plan, wastewater systems to be used, and projected water use.
c. The plan for addressing odor and other public nuisances that may derive from the establishment.
20. If the Department has not adopted final rules pursuant to this section at the time marijuana establishment licenses are issued pursuant to this section, licensees shall comply with the rules adopted by the Department to implement Chapter 28.1 of A.R.S. § 36-2854 except those that are inconsistent with this section.
D. Marijuana Testing Facility Permitted.
1. It shall be unlawful for a person to operate a marijuana testing facility at any location within the Town without obtaining a security plan approval and business license permit from the Town Clerk or his/her designee in accordance with Town Code, including any application and review procedures pursuant to regulations promulgated by the Arizona Department of Health Services.
2. A marijuana testing facility is permitted in the Town of Clarkdale subject to the following conditions:
a. Shall ensure that access to the area of the facility where marijuana or marijuana products are being tested or stored for testing is limited to a facility’s owners or authorized agents.
b. Shall ensure that transportation of marijuana or marijuana products is in compliance with applicable law.
c. Shall comply with all testing processes, protocols, standards, and criteria adopted by the Department for testing marijuana and marijuana products.
d. Shall maintain records, equipment and instrumentation as required by the Department.
e. Shall submit a written security plan to the Town that specifies the measures that will be taken to deter and prevent unauthorized entrance into limited access areas including the use of security equipment to detect unauthorized intrusion, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras that provide coverage of all entrances to and exits from limited access areas and all entrances to and exits from the building and has sufficient recording resolution.
f. If the Department has not adopted final rules pursuant to this section at the time marijuana testing facility licenses are issued pursuant to this section, licensees shall comply with the rules adopted by the Department to implement Chapter 28.1 of A.R.S.§ 36-2854 except those that are inconsistent with this section.
E. Individual’s Primary Residence for Personal Use.
1. To the fullest extent allowable by law, marijuana possession, consumption, processing, manufacturing, transportation, and cultivation is permitted in a Residential Zoning District in Clarkdale and is subject to the following conditions and limitations:
a. It shall be unlawful for any individual who is at least twenty-one (21) years of age to possess, transport, cultivate or process more than six (6) marijuana plants.
b. It shall be unlawful for two (2) or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals’ primary residence.
c. Except as provided by A.R.S.. § 36-2801 et al. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a Residential Zoning District within the Clarkdale Town limits.
d. Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit.
e. Kitchens, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.
f. A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the Town of Clarkdale.
g. Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.
h. Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids.
2. If the Department has not adopted final rules pursuant to this section at the time the “Smart and Safe Arizona Act” is effectuated, individuals shall comply with the rules adopted by the Department to implement Chapter 28.1 of A.R.S. § 36-2854 except those that are inconsistent with this section. (Created by Ordinance #409)