A. To the fullest extent allowable by law, marijuana consumption, cultivation, extraction, manufacture, and processing is permitted in an individual's primary residence for personal use subject to the following conditions and limitations:
1. 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.
2. It shall be unlawful for two (2) or more individuals who are at least twenty-one (21) year of age to possess, transport, cultivate, or process more than twelve (12) marijuana plants.
3. Except as provided by A.R.S. § 36-2801 et al. and this section, it shall be unlawful for an individual to otherwise consume, cultivate, extract, manufacture, possess, or process marijuana in a residence or accessory building within the Town limits.
4. Marijuana or marijuana products shall not be cultivated, extracted, manufactured, or processed outdoors.
5. The cultivation, extraction, manufacture, and processing of marijuana shall be limited to a closet, room, greenhouse, or other enclosed area within the primary residence or an accessory building on the property with a permanent foundation that is equipped with a lock or other security device that prevents access by minors.
6. Individuals shall not extract, manufacture, or process marijuana by chemical extraction or chemical synthesis, excluding manual or mechanical means.
7. The indoor area used for cultivation, extraction, manufacturing, or processing shall include a ventilation and filtration system designed to ensure that odors from the cultivation extraction, manufacturing, or processing are not detectable beyond the property line of a parcel containing a single dwelling unit, or beyond the boundaries of a single dwelling unit in multiple residence dwellings, condominiums, apartments, or similar closely built dwelling unit arrangements, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence or unit. This shall include, at a minimum, a system meeting the requirements of the current, adopted edition of the International Residential Code.
8. Marijuana may only be cultivated, extracted, manufactured, or processed as an accessory use at the primary residence of the person conducting such activity or in an accessory building on the property with a permanent foundation, and only for such person's own use, or by a primary caregiver on behalf of a patient.
9. It is unlawful to use any grow lighting system for the indoor cultivation of marijuana other than light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short-arc lamps, are prohibited.
10. Cultivation, extraction, manufacturing, and processing shall take place in an area where the marijuana plants or products are not visible from public view without using binoculars, aircraft, or other optical aids. (Ord. 02-2020, 10-20-2020)