The AZ Medical Marijuana Act states that cities and towns may adopt “reasonable regulations” regarding the location and operations of medical marijuana dispensaries and growing operations in their jurisdictions. The ADHS still has the responsibility to issue the dispensary license- but any license that we ultimately issue would be contingent on the prospective facility being in compliance with local zoning requirements. To help, the League of Arizona Cities and Towns has put together a model ordinance to help cities and towns get their arms around the zoning issue. The League has also posted examples of ordinances that have been passed by other cities and towns like Globe, Marana, Oro Valley and Tucson.
Medical Marijuana (Cannabis) Dispensary Zoning
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About the Author: azdhs-admin
Arlis Jenkins is the Hepatitis C Epidemiology Program Manager at the Arizona Department of Health Services. Her work involves specialized knowledge of state and local jurisdictions, social determinants of
health and harm reduction services including drug user health and sex positivity. She is tasked with hepatitis C elimination planning and strategy implementation, a collaborative project that necessitates
statewide community engagement and the formation of strategic partnerships to increase access to quality hepatitis C prevention and care services for all Arizonans.
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The local zoning rules are very important as Arizona moves forward implementing the AMMA. Several cities (Oro Valley, Marana, Tucson) have zoned in their new zoning rules to ban offsite delivery by the dispensaries and this is in direct conflict with the Arizona Medical Marijuana Act.
As the person implementing the overall state rules could you please inform the public (and city officials) here at this blog that delivery of medication is part of the services a non-profit medical marijuana dispensary may offer.
If no offsite delivery a class of patients that have no caregivers will be left without any means to their legally recommended medicine. A patient is legally entitled to have their medicines delivered and how can places like Tucson and Marana outlaw this?
Thank you for having such a transparent and open process on the implementation.
Has DHS formed a board or panel for the implimention of Prop 203. And if so is this information public record?
No we have not.
I noticed several cities are passing ordinances that prohibit home marijuana delivery. That does not sound like a reasonable ordinance to me. Especially if the patient is house bound, completely disabled and without a caregiver. Please consider no unreasonable restrictions on home delivery.
how do dispensaries avoid federal prosecution while growing enough supply to meet the demand. by my estimation it is going to take a lot more than just 99 plants to supply the allowed 2.5-5 oz per patient per month?
Kevin-
ADHS is still in the process of writing the rules/regulations, and will post a draft on our website (www.azdhs.gov) December 17th. Please check back regularly for updates.
Thanks!
Will
Will—I to am concerned about communities passing ordinances to prohibit home delivery. If a patient is too sick to travel, and has no caregiver, that sounds like an unfair restriction.
Mr. Humble,
A recent article in my hometown news paper has indicated that the City of Globe, as part of their ordinance planning, is considering implementing their own seperate background investigation and be subject to Police oversight of any person wishing to establish or be employed by a Medical Marijuana Dispensary. Will the state of Arizona have the sole responsibility of deciding who will be issued a permit to operate within the state or will each municipality have the final say?
There is no need to worry about homebound patients not being able to get marijuana. When a person is homebound they have caregivers already.
I am also concerned that local communities will stick their noses where they don’t belong by passing unjust ordinances that will prevent disabled shut-ins from receiving deliveries of their medical marijuana. Please specify what cities can and can not impose. I think most of us can understand dispensary zoning requirements but I think most of us are against patient zoning requirements.
In regard to Mr. Ochoa’s input, folks living within the City of Globe who may become an AMMA patient should closely read the City ordinance. The zoning measure specifically prohibits delivery of medical marijuana to home-bound patients without regard to a caregivers’ status. It also prohibits anyone who is not a registered patient from entering a dispensary, thus precluding a loved-one, Registered Nurse, or Home Care Professional from accompanying an immobile patient to their appointment. The other concerning aspect is in that a violation of the city’s ordinance calls for a $2500.00 dollar fine and /or six months in jail. Is this over-regulation?
Will—I know many homebound patients that do not have caregivers. Maybe a family member looks in on them once in a while. But basically they are stuck in their homes, left on their own to survive.
But my question is Mesa’s proposed ordinance of zoning marijuana dispensaries to industrial areas. This seems like an unnecessary burden, it stigmatizes card carrying users to make them seem like criminals, and it imposes restrictions, like wasting gas, to procure legal medical marijuana.
I hope your department will take the lead in recommending sensible zoning restrictions to communities like Mesa.
Will, I also wanted to point out a few points that will have to be addressed in the rules somehow. What happens if a person lives 25 miles beyond the nearest dispensary and then one opens 15 miles away? Will the patient still be able to provide his own? Some people i know are moving for this specific purpose. AND, what if a qualifying patient is homeless?? Where are they suppose to use their medicine And can a caregiver cultivate for one patient at their place of residence within the city( as stated by the City of Tucson in their zoning ordinance) as long as the patient lives 25 miles away from the nearest dipensary??? Thank you for your time. I hope these concerns help you form your rules better.
I heard dispenseries are limited to 1 gropw op. that grow op can only be 3000 sq ft. is this true?
Tim,
This can’t be answered until the rules are complete. We will have a draft copy on our website December 17, and will be accepting comments at that time.
Regarding opposition to delivery aspects of a dispensary, I think cities are creating more of a problem for themselves if they restrict sale of the herb to storefronts. The home delivery service should be far easier to control and police than a store might be that attracts undesirables of all types. If this law passed to allow sick people to have medicine, why do Arizona officials and bureaucrats seem to be putting up restrictions and barriers that will aid in the failure of the dispensary/supply chain? Not dealing with the need for home delivery shows lack of cooperation in making this whole thing work or fail.It sounds to me a lot like sour grapes from the minority who lost the vote.
Will Humble-
I’m elderly. I do not have a caregiver. I have many serious medical problems and I am in a great deal of pain. I have no vehicle nor can I leave my home. If I am eligible for a medical marijuana card, will I be able to have it delivered to my door to ease my suffering? I do not want a caregiver. Do I have to have a marijuana caregiver? Thank you for your consideration. George Sandoval
George-
We will not have the answers to these questions until the rules/regulations are complete. You will be able to review a copy of the draft rules on our webiste December 17th, at http://www.azdhs.gov.
Thanks,
Will
Some cities are proposing zoning restrictions for the patient as well as the dispensary operators. Some patients don’t have the money or luxury to move. Many are very immobile. I’m hoping the state will mandate cities can not zone patients out of receiving deliveries no matter where they live
i have medical marajuana card when they did my paper work they forgot to put my caregiver down how can i get this corrected
Joan,
Please submit your questions regarding the medical marijuana patients to our online live help. It can be found here in the lower left corner of the page.
Thankyou.
I have my medical marijuana card but no idea how to find a caregiver. I listed myself as a grower on the card simply because I did not have another option but I have no idea how to cultivate my own. Not to mention the time and expense to just have to get rid of it once dispensaries are open. What good is the card if you cannot find a legal source of medicine?
Thx,
~Sam
What is the zoning for dispensaries in Maricopa County now?
Steve,
You will have to contact Maricopa County for specific zoning questions.