A. Marijuana prohibited on public property. To the fullest extent allowable by law, it is unlawful to possess, smoke, consume, 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, or an open space in the city.
B. Marijuana prohibited.
1. Marijuana products are prohibited on school grounds, inside school buildings, in school parking lots or playing fields and in school buses. For purpose of this division, SCHOOL means any public, charter, or private school where children attend classes in programs or grades equivalent to kindergarten through 12.
2. Smoking is prohibited in all private residences when used as a licensed childcare, adult day care, group home or health care facility, or any other facility receiving a license or certification from Arizona Department of Economic Security or the Arizona Department of Health Services, except when authorized by the Department.
C. Marijuana permitted in residential districts.
1. Except as provided by A.R.S. §§ 36-2801 et seq. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within the city limits.
2. Cultivation shall be limited to a closet room, 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.
D. Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Somerton, Arizona.
CONSUME, CONSUMING and CONSUMPTION. The act of ingesting, inhaling, or otherwise introducing marijuana into the human body.
CONSUMER. An individual who is at least 21 years of age and who purchases marijuana or marijuana products.
CULTIVATE or CULTIVATIONS. To propagate, breed, grow, prepare, and package marijuana.
DEPARTMENT. The State of Arizona Department of Health Services or its successor agency.
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 or MANUFACTURING. To compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
MARIJUANA. 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. Includes cannabis as defined in A.R.S. § 13-3401. 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. Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture, or preparation of the resin or tetrahydrocannabinol. 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 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.
OPEN SPACE. A public park, public sidewalk, public walkway, public trail, preserve, public pedestrian thoroughfare, or public rights-of-way.
PUBLIC PLACE. The same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601-01.
SMOKE. To inhale, exhale, burn, carry, or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.
(Ord. 2021-003, passed 6-15-2021)