Chapter 18.85
MEDICAL MARIJUANA
Sections:
18.85.030 Medical marijuana cultivation – Nonresidential.
18.85.040 Medical marijuana cultivation – Residential.
18.85.050 Medical marijuana dispensing facilities.
18.85.010 Purpose.
This chapter defines the requirements for the sale and use of medical marijuana as established by A.R.S. section 36-2801 et seq. and regulates the sale and use in order to protect, enhance, and promote the health, safety and welfare of individuals within the town of Taylor. [Ord. 2016-02 § 1; Ord. 2011-01 § 1.]
18.85.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
“Designated caregiver” means a person who is at least 21 years old; has agreed to assist a patient with the use of medical marijuana; has not been convicted of an excluded felony; and may assist no more than five patients as defined by A.R.S. section 36-2801(5).
“Industrial hemp” means all parts of the plant Cannabis sativa L., whether growing or not, and the seed of such plants, that contain a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent on a dry weight basis.
Industrial hemp cultivation, use and distribution shall fall under Arizona Department of Agriculture regulation. Growers shall identify parcels used in approved hemp cultivation and provide location to town officials.
“Medical marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, and the seed of such plants, that contain a delta-9 tetrahydrocannabinol (THC) concentration of more than three-tenths of one percent on a dry weight basis, that may be administered to treat or alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.
“Medical marijuana combination facility” means a facility that combines the dispensing and cultivation of medical marijuana as approved by the town of Taylor.
“Medical marijuana cultivation” means the process by which a person grows a marijuana plant.
Medical Marijuana Cultivation and Storage Facility. A “facility” shall mean a building, structure or premises used for the cultivation or storage of medical marijuana that is physically separate and off site from a medical marijuana dispensary.
“Medical marijuana dispensary” means a nonprofit entity, defined in A.R.S. section 36-2801(11), that sells, distributes, transmits, gives, dispenses, or otherwise provides medical marijuana to qualifying patients.
“Medical marijuana infusion facility” means a facility that incorporates medical marijuana (cannabis) by the means of cooking, blending, or incorporation into consumable/edible goods.
“Medical marijuana qualifying patient” means a person who has been diagnosed by a physician as having a debilitating medical condition as defined in A.R.S. section 36-2801(13).
“Physician” means a person authorized to issue a certificate pursuant to A.R.S. section 36-2801(12). [Ord. 2020-01 §§ B, C; Ord. 2016-02 § 1; Ord. 2011-01 § 1.]
18.85.030 Medical marijuana cultivation – Nonresidential.
Medical marijuana cultivation is subject to the following conditions and limitations:
A. The applicant shall provide:
1. The name(s) and location(s) of all off-site medical marijuana dispensaries associated with the cultivation operation.
2. A copy of the operating procedures adopted in compliance with A.R.S. section 36-2804(B)(1)(c) as set forth in the application submitted to DHS.
3. A survey sealed by a registrant of the state of Arizona showing the location of all medical marijuana dispensary or cultivation locations within 5,280 feet.
B. Combination facilities are subject to the regulations of this section and TTC 18.85.050.
C. Retail sales of medical marijuana from cultivation locations are prohibited except for combination facilities as approved by the town of Taylor.
D. Medical marijuana cultivation may be permitted as a special use in AG-1 and AG-2 zoning districts.
E. Shall not be located within 5,280 feet of similar facilities or operations. This distance shall be measured from the lot line of the property in which the cultivation is conducted or proposed to be conducted.
F. Shall not be located within 500 feet of a residentially zoned property. This distance shall be measured from the lot line of the property in which the cultivation is conducted or proposed to be con-
ducted to the property boundary line of the residentially zoned property.
G. Shall not be located within 1,000 feet of a public or private preschool, parochial, charter, dramatic, dancing or music learning center, kindergarten, elementary, secondary or high school or other similar school or educational facility that caters to children, place of worship, public park, public cemetery, childcare center, community center or facility devoted to family recreation or entertainment. This distance shall be measured from the lot line of the property in which the cultivation is conducted or proposed to be conducted to the property line of the protected use.
H. Shall have operating hours no earlier than 7:00 a.m. and no later than 6:00 p.m.
I. Shall provide for proper disposal of marijuana remnants or byproducts and not to be placed within the facility’s exterior refuse containers. [Ord. 2016-02 § 1; Ord. 2011-01 § 1.]
18.85.040 Medical marijuana cultivation – Residential.
Residential medical marijuana cultivation is subject to the following conditions and limitations:
A. A residential cultivation property must be located more than 25 miles from a medical marijuana dispensary as defined in A.R.S. section 36-2801(11).
B. Residential cultivation shall be conducted only by a qualifying patient or a designated caregiver as defined by A.R.S. section 36-2801.
C. There shall be no exterior evidence of medical marijuana cultivation either within or outside a residential property as viewed from a public right-of-way.
D. The qualified patient shall reside in the residence in which the residential medical marijuana cultivation occurs.
E. The qualified patient may only cultivate marijuana in the patient’s primary residence. It is unlawful for a qualified patient otherwise to cultivate marijuana within the town limits of the town of Taylor.
F. The residence shall maintain kitchen, bathrooms, and primary bedroom(s) for their intended use and shall not be used primarily for residential medical marijuana cultivation.
G. The quantity of residentially cultivated medical marijuana shall be limited to 12 marijuana plants as defined by A.R.S. section 36-2801(1)(b)(ii).
H. There shall be no emission of dust, fumes, vapors, or odors of marijuana into the environment from the residence.
I. Residential cultivation shall be confined to an enclosed, locked facility as defined by A.R.S. section 36-2801(6). [Ord. 2016-02 § 1; Ord. 2011-01 § 1.]
18.85.050 Medical marijuana dispensing facilities.
Medical marijuana dispensaries are subject to the following conditions and limitations:
A. The applicant shall provide:
1. The name(s) and location(s) of all off-site medical marijuana cultivation operations associated with and/or providing product to the dispensary.
2. A copy of the operating procedures adopted in compliance with A.R.S. section 36-2804(B)(1)(c) as submitted to DHS.
3. A site plan, floor plan, building permits for occupancy change if required, and a security plan.
B. Combination facilities are subject to the regulations of TTC 18.85.030 and this section.
C. Shall be located in permanent buildings and may not be located in a trailer, cargo container, motor vehicle or similar temporary structure.
D. Shall be a maximum 1,500 gross square feet for a dispensing facility or 3,000 gross square feet for a combination dispensing/cultivation facility.
E. Shall not be located within 5,280 feet of the same type of use. This distance shall be measured from the lot line of the property in which the dispensing is conducted or proposed to be conducted.
F. Shall not be located within 1,000 feet of a public or private preschool, parochial, charter, dramatic, dancing or music learning center, kindergarten, elementary, secondary or high school or other similar school or educational facility that caters to children, place of worship, public park, public cemetery, childcare center, community center or facility devoted to family recreation or entertainment. This distance shall be measured from the lot line of the property in which the cultivation is conducted or proposed to be conducted to the property line of the protected use.
G. Drive-through services are prohibited.
H. Shall have operating hours no earlier than 7:00 a.m. and no later than 6:00 p.m.
I. Shall provide for proper disposal of marijuana remnants or byproducts, and not to be placed within the facility’s exterior refuse containers. [Ord. 2016-02 § 1; Ord. 2011-01 § 1.]