For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CULTIVATION. The process by which a person grows a marijuana plant(s) as allowed by Arizona Revised Statutes, Title 36, A.R.S. §§ 36-2801 et seq. and the Department rules and regulations.
MEDICAL MARIJUANA CULTIVATION FACILITY. The building, structure or premises used to cultivate a marijuana plant(s).
DEPARTMENT. The Arizona Department of Health Services or its successor agency.
DEPARTMENT RULES AND REGULATIONS. The adopted regulations of the Department relating to the provisions of Arizona Revised Statutes, Title 36, A.R.S. §§ 36-2801 et seq. currently in existence and as adopted in the future.
DESIGNATED CAREGIVER. A person, other than qualifying patient and the patient's physician, who, pursuant to Arizona Revised Statutes, Title 36, A.R.S. §§ 36-2801 et seq. and the Department rules and regulations, assists no more than five registered qualifying patients with the medical use of marijuana.
MEDICAL MARIJUANA. Marijuana or cannabis, including all parts of any plant of the genus cannabis whether growing or not, the seeds of such plant, and any infusion into consumable/edible goods, approved under state law for treatment of persons suffering from debilitating medical conditions as designated in Arizona Revised Statutes, Title 36, A.R.S. §§ 36-2801 et seq., the Department rules and regulations, and other laws and regulations of the State of Arizona.
MEDICAL MARIJUANA CULTIVATION LOCATION FOR A CAREGIVER shall only be permitted in a locked accessory building that does not exceed 250 square feet of cultivation space and meets the 60' setback requirement from all property lines and is where a designated caregiver, as designated by Arizona Revised Statutes, Title 36, A.R.S. §§ 36-2801 and the Department rules and regulations, cultivates medical marijuana.
MEDICAL MARIJUANA DISPENSARY or DISPENSARY. A building, structure or premises used to acquire, possess, cultivate, manufacture, deliver, transfer, transport, sell, distribute, transmit, give, dispense or otherwise provide medical marijuana in any manner to patients or designated caregivers pursuant to the authority contained in Arizona Revised Statutes, Title 36, A.R.S. §§ 36-2801 et seq., Department rules and regulations, or other implementing state statutes and administrative regulations.
PERSON. A natural person or business entity such as, without limitation, a corporation, association, firm, joint venture, estate, trust, business trust, syndicate, fiduciary, partnership or any group or combination thereof.
PREMISES. The entire parcel of property upon which a medical marijuana dispensary, medical marijuana cultivation facility or any other medical marijuana operation is located.
QUALIFYING PATIENT. A person who has a debilitating medical condition as defined in Arizona Revised Statutes, Title 36, A.R.S. §§ 36-2801 et seq. and is a registered qualifying patient as defined by state law and the Department rules and regulations.
SCHOOL. Any building, portion of building, or group of buildings which is designed, constructed, or used for education or instruction in any branch of knowledge, including tutoring centers, day care centers, and the following types of schools:
(1) CHARTER SCHOOL. A school operating under sponsorship of a public school district governing board, the State Board of Education or the State Board for Charter Schools and has been created pursuant to A.R.S. § 15-181.
(2) PRIVATE SCHOOL. Any building, portion of building, or group of buildings used for elementary, secondary or higher education that does not secure the major part of its funding from a governmental agency.
(3) PUBLIC SCHOOL. Any building, portion of building, or group of buildings used for elementary, secondary or higher education that secures the major part of its funding from a governmental agency.
(Ord. O2011-05, passed 4-18-11)