Chapter 9.20
RECREATIONAL MARIJUANA
Sections:
9.20.030 Marijuana prohibited on public property.
9.20.040 Marijuana establishment prohibited – Dual licensee exception.
9.20.050 Marijuana testing facility prohibited.
9.20.010 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 town prohibits the retail sale, cultivation and manufacturing of marijuana in the town of Sahuarita. Nothing in this chapter is intended to promote or condone the sale, cultivation, manufacture, transport, production, distribution, possession, or use of marijuana in violation of any applicable law. [Ord. 2020-152 § 1.]
9.20.020 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.
A. “Chemical extraction” means the process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.
B. “Chemical synthesis” means production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.
C. “Consume,” “consuming,” and “consumption” mean the act of ingesting, inhaling or otherwise introducing marijuana into the human body.
D. “Consumer” means an individual who is at least 21 years of age and who purchases marijuana or marijuana products.
E. “Cultivate” and “cultivation” mean to propagate, breed, grow, prepare and package marijuana.
F. “Deliver” and “delivery” mean 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.
G. “Department” means the state of Arizona Department of Health Services or its successor agency.
H. “Dual licensee” means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
I. “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.
J. “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.
K. “Manufacture” and “manufacturing” mean to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
L. Marijuana.
1. 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.
2. Includes cannabis as defined in ARS 13-3401.
3. 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 plant to prepare topical or oral administrations, food, drink or other products.
M. “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.
N. “Marijuana establishment” means an entity licensed by the Department to operate all of the following:
1. A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
2. 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.
3. 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.
O. “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.
P. “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.
Q. “Nonprofit medical marijuana dispensary” means a nonprofit entity as defined in ARS 36-2801(12).
R. “Open space” means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.
S. “Person” means an individual, partnership, corporation, association, or any other entity of whatever kind or nature.
T. “Process” and “processing” mean to harvest, dry, cure, trim or separate parts of the marijuana plant.
U. “Public place” has the same meaning prescribed in the Smoke-Free-Arizona Act, ARS 36-601.01.
V. “Smoke” means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic. [Ord. 2020-152 § 1.]
9.20.030 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 town of Sahuarita.
B. It is unlawful for an individual to smoke marijuana in a public place or open space in the town of Sahuarita. [Ord. 2020-152 § 1.]
9.20.040 Marijuana establishment prohibited – Dual licensee exception.
A. To the fullest extent allowable by law, the operation of a marijuana establishment is not permitted in the town of Sahuarita, 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. [Ord. 2020-152 § 1.]
9.20.050 Marijuana testing facility prohibited.
To the fullest extent allowable by law, the operation of a marijuana testing facility is not permitted in the town of Sahuarita. [Ord. 2020-152 § 1.]