To the fullest extent allowable by law, marijuana possession, consumption, processing, manufacturing, transportation, and cultivation is permitted in a residential zoning district in the town and is subject to the following conditions and limitations.
(A) It shall be unlawful for any individual who is at least 21 years of age to possess, transport, cultivate or process more than six marijuana plants.
(B) It shall be unlawful for two or more individuals who are at least 21 years of age to possess, transport, cultivate, or process more than 12 marijuana plants at the individual’s primary residence.
(C) Except as provided by A.R.S. §§ 36-2801 et seq. and this chapter, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within the 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 100° Fahrenheit.
(E) Kitchen, 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.
(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.
(Ord. O2023-03, passed 3-20-23)