Maricopa crafts city pot ordinance

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The city of Maricopa presented the initial draft of a medical marijuana ordinance to the planning and zoning commission Monday night. It was the first step in the adoption of a restrictive zoning ordinance covering the locations of marijuana dispensaries, cultivation centers and infusion centers within city boundaries.

The ordinance breaks the restrictions into the categories of dispensaries and cultivation/infusion centers.
 
The code defines a dispensary as a nonprofit entity that dispenses marijuana.
 
The proposed code restricts dispensaries in these ways: they must be located in a permanent building; they cannot be more than 2,500 square feet; they cannot be located within 2,400 feet of a group home or transitional facility, within 1,500 feet of a school, place of worship, public library or park, or within 500 feet of property zoned residential.
 
A cultivation center is defined as a facility where marijuana is grown and the infusion center is defined as a facility that incorporates marijuana into food products.
 
Proposed restrictions on these facilities are similar to the ones on dispensaries, though buildings of 3,000 square feet are allowed.
 
“This code is the result of the city looking at codes being considered in 13 other municipalities,” said city of Maricopa Planning Manager Kazi Haque.
 
The draft ordinance is next scheduled to go before city council for input on Dec. 21 and then will go through a public hearing process at both the council and planning and zoning commission levels.
 
“We are looking to get lots of input and feedback on this ordinance,” Haque said.
 
 The Arizona Medical Marijuana Act, passed as Proposition 203 by Arizona voters in November, allows towns to establish “reasonable regulations” in regard to the placement and operation of dispensaries and cultivators.
 
The law also put the Arizona Department of Health Services (ADHS) in charge of crafting a medical marijuana facilities application process and governing who is eligible for the product.
 
Currently ADHS is working on these rules is expected to release a first draft of an ordinance on Dec. 17 for public comment.
 
Cities have until Feb. 15 to adopt an ordinance on the matter, in order to allow for a 30-day referendum period, which must be completed prior to March 30, by which point the ADHS must adopt its own set of regulatory rules for medical marijuana.
 
The voter-approved initiative allows 124 statewide for marijuana dispensaries.
 
If a person lives more than 25 miles from a dispensary they are then allowed to grow their own marijuana.