36-2857. Localities; marijuana establishments and marijuana testing facilities

307 words·~1 min read·/az/title-36/36-2857

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(Caution: 1998 Prop. 105 applies)

A. A locality may:

1. Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas.

2. Limit the number of marijuana establishments or marijuana testing facilities, or both.

3. Prohibit marijuana establishments or marijuana testing facilities, or both.

4. Regulate the time, place and manner of marijuana establishment and marijuana testing facility operations.

5. Establish reasonable restrictions on public signage regarding marijuana, marijuana establishments and marijuana testing facilities.

6. Prohibit or restrict delivery within its jurisdiction.

B. A county may exercise its authority pursuant to subsection A of this section only in unincorporated areas of the county.

C. A locality may not enact any ordinance, regulation or rule that:

1. Is more restrictive than a comparable ordinance, regulation or rule that applies to nonprofit medical marijuana dispensaries.

2. Makes the operation of a marijuana establishment or marijuana testing facility unduly burdensome if the locality has not prohibited marijuana establishments or marijuana testing facilities.

3. Conflicts with this chapter or rules adopted pursuant to this chapter.

4. Prohibits the transportation of marijuana by a marijuana establishment or marijuana testing facility on public roads.

5. Restricts or interferes with the ability of a dual licensee or an entity eligible to become a dual licensee to operate a nonprofit medical marijuana dispensary and a marijuana establishment cooperatively at shared locations.

6. Except as expressly authorized by this section or section 36-2851, prohibits or restricts any conduct or transaction allowed by this chapter, or imposes any liability or penalty in addition to that prescribed by this chapter for any conduct or transaction constituting a violation of this chapter.

7. Allows a marijuana establishment to locate within five hundred feet of a public or private school, a child care facility or a facility that provides preschool programs.