Medical Marijuana Process in Phoenix Medical Marijuana Staff

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 • D 2 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 – 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