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The following words and phrases, wherever used in this article, 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.
"Consume," "consuming," and "consumption" mean the act of ingesting, inhaling, or otherwise introducing marijuana into the human body.
"Consumer" means an individual who is at least twenty-one years of age and who purchases marijuana or marijuana products.
"Cultivate" and "cultivation" mean to propagate, breed, grow, prepare, and package marijuana.
"Department" means the State of Arizona Department of Health Services or its successor agency.
"Dual licensee" means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
"Extraction" means 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" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
"Marijuana:"
1. 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.
2. Includes cannabis as defined in A.R.S. § 3-3401.
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.
"Marijuana concentrate"
1. 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.
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.
"Marijuana establishment" means an entity licensed by the Department to operate all of the following:
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 transferred or sold to consumers.
3. 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" means 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" means the Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants.
"Nonprofit medical marijuana dispensary"" means a non-profit entity as defined in A.R.S. § 36-2801(12).
"Open space" means a public park, public sidewalk, public walkway, public trail, preserve, public pedestrian thoroughfare, or public rights-of-way.
"Person" means an individual, partnership, corporation, association, or any other entity of whatever kind or nature.
"Process" and "processing" means 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.
"Smoke" means to inhale, exhale, burn, carry, or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.
(Ord. 1397.08.29 § 1 (part), 2021)
A. To the fullest extent allowable by law, it is unlawful to:
1. Sell or distribute, store, cultivate, manufacture, or produce marijuana or marijuana products on or in property that is occupied, owned, controlled, or operated by the City;
2. Smoke marijuana or consume marijuana products in an open space in the City or on or in property that is occupied, owned, controlled, or operated by the City;
3. Smoke marijuana in a public place in the City.
B. A violation of Subsection A(l) shall be a Class 2 misdemeanor. A violation of Subsection A(2) or A(3) shall be punishable as a petty offense.
(Ord. 1397.08.29 § 1 (part), 2021)
To the fullest extent allowable by law, the operation of a marijuana establishment is prohibited in the City, except where authorized for a dual licensee who:
A. Operates both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location; and
B. Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department.
(Ord. 1397.08.29 § 1 (part), 2021)
It is unlawful to solicit, facilitate, or accept orders for delivery, or to deliver marijuana or marijuana products in the City; provided that the prohibition in this section shall not apply when delivery is done by a nonprofit medical marijuana dispensary in compliance with the Department rules and requirements governing the Arizona Medical Marijuana Program.
(Ord. 1397.08.29 § 1 (part), 2021)
A. It is unlawful and a violation of this chapter for a person to sell, cultivate, process, manufacture, store, or transport marijuana or marijuana products if the person fails to meet all the requirements in this chapter or state law, including the Department's rules.
B. Each day any violation of any provision of this chapter shall continue shall constitute a separate offense.
C. Except as otherwise provided in A.R.S. § 36-2853, A.R.S. § 36-2854, or as otherwise specifically provided in this chapter, any violation of this chapter not specifically designated shall be a Class 1 misdemeanor.
D. For purposes of this chapter, a violation of any provision of the chapter or code shall mean any of the following:
1. Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor, by ordinance or by rule or regulation authorized by ordinance.
2. Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
3. Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance
4. In this section, a violation of the chapter or code includes causing, allowing, permitting, aiding, abetting, suffering, or concealing a violation of this chapter or code.
5. Officers of any corporation or partners of any firm or entity that are found to have committed a violation of this code shall be individually subject to fine and/or imprisonment for the violation by the entity.
E. Violations of this chapter are in addition to any other violation enumerated within the City ordinances or the City Code, and in no way limits the penalties, actions, or abatement procedures which may be taken by the City for any violation of this chapter, which is also a violation of any other ordinance or code provision of the City or federal or state law. Conviction and punishment of judgment and civil sanction against any person under this chapter 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.
F. The remedies provided in this chapter 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. 1397.08.29 § 1 (part), 2021)