Medical Marijuana
Process in Phoenix
Medical Marijuana
• Staff began researching February of 2010
– Included members from Planning and Law
– Talked to city staff from cities in CA and CO
• Staff met with Will Humble, Director of AZ
Dept of health Services
• D2 held a meeting on the issue in Summer
of 2010
– Invited Neighborhood Leaders
– Invited Industry Members
Medical Marijuana
• Staff drafted suggestions for a text
amendment and presented to Council
subcommittee
• Initial thoughts were to locate in heaviest
Commercial and Industrial Zones
• Council Subcommittee suggested use
permit approach, disperse in city,
distancing requirements from certain land
uses
Medical Marijuana
• Went to Village Planning Committees to
gather suggestions on locational criteria
– VPC’s generally were supported on treating
like a commercial use for dispensaries and an
industrial use for grow facilities
– Several suggested use permit approach
– Majority wanted distance requirements from
schools, parks and residential
Medical Marijuana
• Staff Reported back to Council
subcommittee with information from VPC’s
and suggestions for zoning categories
• Planning Commission Initiated Text
Amendment for Medical Marijuana
• Staff drafted language/seek advice from
Police Department
• Worked closely with our attorneys
Phoenix Zoning Regs
• State Law Definition of Medical Marijuana
Non-Profit Dispensaries very Broad
• Decided to categorized by land use
functions
• Phoenix developed three categories
– Retail Dispensaries
– Cultivation or Grow Facilities
– Infusion Facilities
Phoenix Zoning Regs
• Non-Profit Dispensaries
– Retail – C-2, C-3, A-1, A-2 (use permit
required)
– Maximum 2,000 square feet for retail
dispensaries
– 1 mile from medical marijuana facilities
– 1,320 feet from schools and public community
centers
– 500 feet from places of worship
– 250 feet from residential districts
Phoenix Zoning Regs
• Non-Profit Cultivation
– Cultivation – S-1, S-2, A-1 and A-2 (use
permit required)
– 1 mile from medical marijuana facilities
– 1,320 feet from schools and public community
centers
– 500 feet from places of worship
– 1,000 feet from residential districts
– 1,000 feet from S-1 or S-2 property lines
Phoenix Zoning Regs
• Non-Profit Infusion
– Infusion/manufacturing –A-1 and A-2 (use
permit required)
– 1 mile from medical marijuana facilities
– 1,320 feet from schools and public community
centers
– 500 feet from places of worship
– 1,000 feet from residential districts
Phoenix Process
• Opposition to the Proposed Language
– None- really
– No Neighborhood representatives at Planning
Commission
– Some Industry Members thought we were too
restrictive
• Reviewed State Draft and have provided
comments back to the State (Staff only)
• No applications to date, only expressed interest
in regulations
What does 2.5 ounces look like?
WHAT TO EXPECT:
USE PERMIT APPLICATIONS
● Quasi Judicial Public Hearing Process
● Use Permit
– Not cause significant increase in vehicular/pedestrian
traffic in nearby residential neighborhoods
– Not emit odor, dust, gas, noise, etc. exceeding
ambient conditions
– Not contribute in a measurable way to deterioration of
area/downgrading of property values
– Shall be in compliance with provisions of Zoning
Ordinance and laws of City of Phoenix
● Hearing conducted by Zoning Administrator, at
City of Phoenix. See Section 307, City of
Phoenix Zoning Ordinance.
WHAT TO EXPECT:
USE PERMIT APPLICATIONS
● Tips for Successful Applications
– Meet all required tests
– Explore all options, submit best
– Detailed site plan
– Pictures
– Project narrative
– Neighborhood outreach
– Include copy of application in mailing to neighbors
within 150 feet of property line, neighborhood
associations within 600 feet of property.
WHAT TO EXPECT:
USE PERMIT APPLICATIONS
● Appeals of Zoning Administrator Decision
– May be filed by any person
– Within fifteen days from Zoning Administrator
decision
– Fee equal to that of original application
WHAT TO EXPECT:
USE PERMIT APPLICATIONS
● Board of Adjustment Appeal Process
– See A.R.S. 9-462.06
– In Phoenix, Board has 7 members
– Meetings held once a month
– Appeals of Board of Adjustment decision: by a
person aggrieved or any taxpayer or municipal
officer within 30 days of the Board decision.
Complaint for special action.
Questions