CHAPTER 4-20: RECREATIONAL MARIJUANA
SECTIONS:
4-20-3: MARIJUANA PROHIBITED ON PUBLIC PROPERTY:
4-20-4: MARIJUANA ESTABLISHMENT PROHIBITED; DUAL LICENSEE EXCEPTION:
4-20-5: MARIJUANA TESTING FACILITY PROHIBITED:
4-20-6: MARIJUANA CULTIVATION FACILITY PROHIBITED:
4-20-7: MARIJUANA PRODUCT MANUFACTURING FACILITY PROHIBITED:
4-20-8: INDIVIDUAL’S PRIMARY RESIDENCE FOR PERSONAL USE:
4-20-9: RETAIL SALES FROM MARIJUANA AND MARIJUANA PRODUCTS:
4-20-11: ENFORCEMENT – PENALTIES:
4-20-1 PURPOSE:
This chapter is adopted to protect the health, safety, and welfare of the community. Except as allowed by law for personal, private use, the City of Prescott enacts reasonable regulations and requires compliance with laws for the retail sale, cultivation and manufacturing of marijuana or marijuana products in a marijuana establishment or marijuana testing facility and the cultivation, processing and manufacturing of marijuana in a primary residence. Nothing in this chapter 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. (Ord. 2020-1735, 11-17-2020)
4-20-2 DEFINITIONS:
The below words and phrases, wherever used in this chapter, 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" means the process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.
"Chemical synthesis" means production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.
"City" means the City of Prescott.
"Consume," "consuming," and "consumption" mean the act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe.
"Consumer" means an individual who is at least twenty-one (21) years of age and who purchases marijuana or marijuana products.
"Cultivate" and "cultivation" mean to propagate, breed, grow, prepare and package marijuana.
"Deliver" and "delivery" mean the transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.
"Department" means the state of Arizona Department of Health Services or its successor agency.
"Dual licensee" means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
"Enclosed area" means a building, greenhouse, or other structure that has:
1. A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof;
2. Is secure against unauthorized entry;
3. Has a foundation, slab or equivalent base to which the floor is securely attached; and
4. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors.
"Extraction" means 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" mean to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
"Marijuana" means 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; and includes cannabis as defined in A.R.S. § 13-3401; but 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":
1. Means 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.
2. 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" means an entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
"Marijuana products" means 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" means 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" means a nonprofit entity as defined in A.R.S. § 36-2801(12).
"Open space" means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.
"Person" means an individual, partnership, corporation, association, or any other entity of whatever kind or nature.
"Process" and "processing" means to harvest, dry, cure, trim or separate parts of the marijuana plant.
"Public place" has the same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01.
"Smoke" means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic. (Ord. 2020-1735, 11-17-2020)
4-20-3 MARIJUANA PROHIBITED ON PUBLIC PROPERTY:
(A) The use, sale, cultivation, manufacture, production or distribution of marijuana or marijuana products is prohibited on property that is occupied, owned, controlled or operated by the City.
(B) It is unlawful for an individual to smoke or consume marijuana or marijuana products in a public place or open space in the City. (Ord. 2020-1735, 11-17-2020)
4-20-4 MARIJUANA ESTABLISHMENT PROHIBITED; DUAL LICENSEE EXCEPTION:
(A) To the fullest extent allowable by law, the operation of a marijuana establishment is prohibited, except where authorized for a dual licensee who:
1. Operates both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location; and
2. Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department.
(B) Operation of a marijuana establishment is further subject to the following conditions and limitations:
1. Shall not be more than one marijuana establishments operating in the City.
2. Shall be allowed in only nonresidential zoning districts.
3. Shall not be located within three hundred feet (300') of a residentially zoned property. This distance shall be measured from the lot line of the property in which the business is conducted or proposed to be conducted to the property boundary line of the residentially zoned property.
4. Shall not be located within three hundred feet (300') of a preschool, kindergarten, elementary, secondary or high school, place of worship, public park, or community center. This distance shall be measured from the lot line of the property in which the business is conducted or proposed to be conducted to the property line of the protected use.
5. Shall be located in a permanent building on an established foundation adhering to City building codes and shall not include any temporary, portable or self-powered mobile facilities, or trailer, cargo container or motor vehicle.
6. Shall have operating hours not earlier than 9:00 a.m. and not later than 8:00 p.m.
7. Shall not provide drive-through services or off-site deliveries of marijuana or marijuana products.
8. Shall not allow a person to consume marijuana or marijuana products on the premises or provide outdoor seating areas.
9. Shall provide for proper disposal of marijuana remnants or by-products. The remnants or by-products shall not to be placed within the facility’s exterior refuse containers, City trash can, bin or other City facility, or in any park refuse container unless authorized by the City.
10. Shall not emit dust, fumes, vapors or odors into the environment from the facility and shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the City.
11. Shall not sell marijuana or marijuana products, except as permitted by state law to consumers.
12. Shall not display or keep marijuana or marijuana products that are visible from outside the premises.
13. Shall comply with applicable county health regulations for food preparation and handling.
14. Shall comply with applicable laws to safely and securely engage in extraction processes.
15. Shall submit a written security plan to the Prescott Police Department that describes the actions taken to deter and prevent unauthorized entrance into limited access areas including use of security equipment, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras. (Ord. 2020-1735, 11-17-2020)
4-20-5 MARIJUANA TESTING FACILITY PROHIBITED:
To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in the City. (Ord. 2020-1735, 11-17-2020)
4-20-6 MARIJUANA CULTIVATION FACILITY PROHIBITED:
Except as provided in Sections 4-20-4 and 4-20-8, to the fullest extent allowable by law, the operation of a cultivation location at which the licensee cultivates marijuana, processes marijuana and manufactures marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers, is prohibited in the City. (Ord. 2020-1735, 11-17-2020)
4-20-7 MARIJUANA PRODUCT MANUFACTURING FACILITY PROHIBITED:
Except as provided in Sections 4-20-4 and 4-20-8, to the fullest extent provided by law, the operation of a manufacturing location at which the licensee manufactures marijuana products and packages and stores marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers, is prohibited in the City. (Ord. 2020-1735, 11-17-2020)
4-20-8 INDIVIDUAL’S PRIMARY RESIDENCE FOR PERSONAL USE:
To the fullest extent allowable by law, marijuana possession, consumption, processing, manufacturing, transportation, and cultivation is permitted in a residential zoning district in the City and is subject to the following conditions and limitation:
(A) 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.
(B) It shall be unlawful for two 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 at the individuals’ primary residence.
(C) Except as provided by A.R.S. § 36-2801 et al. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within the City limits.
(D) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol that has a flashpoint below one hundred (100) degrees Fahrenheit.
(E) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.
(F) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the City.
(G) Cultivation shall be limited to a closet, 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.
(H) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. (Ord. 2020-1735, 11-17-2020)
4-20-9 RETAIL SALES FROM MARIJUANA AND MARIJUANA PRODUCTS:
To the fullest extent allowable by law, the sale of marijuana and marijuana products is authorized within the City from a marijuana establishment and is tangible personal property as defined in A.R.S. § 42-5001 and subject to the transaction privilege tax in the retail classification and use tax. (Ord. 2020-1735, 11-17-2020)
4-20-10 VIOLATIONS:
(A) It is unlawful and a violation of this chapter for a person to sell, cultivate, process, manufacture or transport marijuana or marijuana products if the person fails to meet all the requirements in this chapter or state law, including the Department’s rules.
(B) It is a violation of this chapter for any person to provide false information on any permit application.
(C) Each day any violation of any provision of this chapter shall continue shall constitute a separate offense. (Ord. 2020-1735, 11-17-2020)
4-20-11 ENFORCEMENT – PENALTIES:
(A) Violations of this chapter are in addition to any other violation enumerated within 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 chapter, 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.
(B) Civil Penalty. Violations of any provision of this chapter shall be civil code offenses which may be adjudicated and enforced by the civil hearing process set forth in Sections 1-3-1 and 1-3-2. (Ord. 2020-1735, 11-17-2020)