TO: Chair and Planning Commission
FROM: Andrew Miller, Town Attorney
DATE: November 17, 2020
CONTACT:
Staff Contact
Andrew Miller, 480-348-3691
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AGENDA TITLE:
Title
Citizen Review 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" (relating to the legalization of retail marijuana sales and consumption) was on the November 3, 2020 general election ballot as Proposition 207. The voters largely voted in support of Proposition 207 and it has now passed. It will take effect once the Governor has signed the legislation, which may be late December or early January. Once enacted, Proposition 207 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...
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