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Marijuana in any form, including medical and recreational marijuana, is illegal under federal law pursuant to the Controlled Substances Act (21 U.S.C § 811). However, under Arizona State law, the Arizona Medical Act (Proposition 203, passed by the voters in 2010) allows a qualifying patient who has an identified debilitating medical condition, to obtain and use marijuana to treat or alleviate the qualifying debilitating medical condition or its associated symptoms; and the Arizona Smart and Safe Act (Proposition 207, passed by the voters in 2020) allows the responsible adult use of marijuana for persons 21 years of age or older. Both Proposition 203 and 207 contain provisions for dispensaries to provide medical or recreational marijuana to qualifying individuals. These changes in state law mean that it is possible that medical marijuana dispensaries and recreational marijuana establishments could be operating in the City of Yuma. The city has a duty to ensure that the dispensaries are located and operated in a manner that least harms the health, safety and general welfare of its citizens. The purpose of this article is to ensure the health, safety and welfare of the general public. Furthermore, the City of Yuma does not condone the use of marijuana or violation of federal law.
(Ord. O2011-06, passed 3-2-2011; Ord. O2021-002, 2-3-2021)