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File #: 20-406    Version: 1 Name:
Type: Study Session Item Status: Agenda Ready
File created: 10/14/2020 In control: Planning Commission
On agenda: 10/20/2020 Final action: 10/20/2020
Title: Discussion regarding referral from the Town Council of an amendment to the Town Zoning Ordinance to prohibit recreational marijuana establishments.
Attachments: 1. 102020 Resolution 2020-30 & Exhibit A


TO: Chair and Planning Commission

FROM: Andrew Miller, Town Attorney


DATE: October 20, 2020

CONTACT:
Staff Contact
Andrew Miller, 480-348-3691
End

AGENDA TITLE:
Title
Discussion regarding referral from the Town Council of an amendment to the Town Zoning Ordinance to prohibit recreational marijuana establishments.
Body

Background
BACKGROUND:
The statewide ballot measure I-23-2020, known as "Smart and Safe Arizona Act" has been certified as Proposition 207 and placed on the November 3, 2020 general election ballot. Proposition 207, if enacted, contains provisions authorizing the possession, consumption, purchase, processing, manufacturing or transporting of marijuana by an individual who is at least twenty-one (21) years of age; allows a nonprofit medical marijuana dispensary or other non-dispensary applicant to apply to the Department of Health Services to become a licensed marijuana establishment authorized to engage in the retail sale, cultivation and manufacturing of marijuana; and allows the Department, or another entity designated by the Department, to become a marijuana testing facility to test the potency of marijuana and detect any harmful contaminants. Proposition 207 also permits cities and towns to enact ordinances prohibiting [recreational] "marijuana establishments" and "marijuana testing facilities."

Based on the lack of any appropriate retail zoning districts in the Town, the potential high-volume quick trip traffic that might be generated from a marijuana establishment or marijuana testing facility, and in order to protect public health, safety, and welfare of the Town, the Town staff recommended to the Town Council that the Town should consider adopting revisions to the Town Zoning Ordinance that would prohibit marijuana establishments and/or marijuana testing facilities in the Town. Staff prepared a draft ordinance for the Council to review, with a recommendation that the Council provide input on any ...

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