(A) Purpose. This section is adopted to protect the health, safety, and welfare of the community. Except as allowed by law for personal, private use, the city prohibits the cultivation and manufacturing of marijuana in the city. Nothing in this section is intended to promote or condone the sale, cultivation, manufacture, transport, production, distribution, possession, or use of marijuana or marijuana products in violation of any applicable law.
(B) Definitions. The below words and phrases, wherever used in this section, 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.
CHEMICAL EXTRACTION. The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.
CHEMICAL SYNTHESIS. Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.
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 and CULTIVATION. To propagate, breed, grow, prepare and package marijuana.
DELIVER and DELIVERY. The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the location where the marijuana was cultivated, manufactured, or processed.
DEPARTMENT. The State of Arizona Department of Health Services or its successor agency.
DUAL LICENSEE. An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
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 and MANUFACTURING. To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
MARIJUANA.
(a) 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.
(b) Includes cannabis as defined in A.R.S. § 13-3401.
(c) 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 marijuana to prepare topical or oral administrations, food, drink, or other products.
MARIJUANA CONCENTRATE.
(a) 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.
(b) 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. An entity licensed by the Department to operate all of the following:
(a) A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products;
(b) 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; and
(c) A single off-site location at which the licensee may manufacture marijuana and 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. 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. 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. A non-profit entity as defined in A.R.S. § 36-2801(12).
OPEN SPACE. A public park, public sidewalk, public walkway, or public pedestrian thoroughfare.
PERSON. An individual, partnership, corporation, association, or any other entity of whatever kind or nature.
PROCESS and PROCESSING. To harvest, dry, cure, trim, or separate parts of the marijuana plant.
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.
(C) Marijuana prohibited on public property.
(1) To the fullest extent allowable by law, it is unlawful to:
(a) 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;
(b) Smoke marijuana or consume marijuana products in an open space in the city; and
(c) Smoke marijuana in a public place in the city.
(2) Exception. The use of marijuana allowed by law may be used at city-owned recreational lakes, which include Santa Fe Dam and Buckskinner (third dam).
(D) Marijuana establishment prohibited. To the fullest extent allowable by law, the operation of a marijuana establishment is prohibited in the city.
(E) Marijuana testing facility prohibited. To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in the city.
(F) Marijuana retail regulations. The operation and licensing of a marijuana retail establishment, including the operation of a marijuana establishment by a dual licensee, is overseen by the Arizona Department of Health Services (ADHS). The location and zoning of a marijuana establishment are regulated by the city as follows:
(1) A marijuana retail establishment is prohibited within the Historic Preservation District.
(2) Location and zoning of a marijuana retail establishment must comply with § 158.079 of this code.
(G) Violations; enforcement; penalties.
(1) It is unlawful and a violation of this section 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 section or state law, including the Department's rules.
(2) Each day any violation of any provision of this section shall continue shall constitute a separate offense.
(3) Except as otherwise provided in A.R.S. § 36-2853, any violation of this section shall be a violation of § 130.99 of this code.
(4) Violations of this section 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 section, 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.
(5) The remedies provided in this section 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. 985, passed 12-9-2021)