Written by Arizona Medical Marijuana Regulations: Who can Cultivate and Where?
Last November Arizona voters approved the use of medical marijuana by patients with debilitating medical conditions. Use is limited to 2.5 ounces every two weeks. The Arizona Department of Health Services is expected to issue about 125 dispensary certificates statewide. Dispensaries may cultivate on location or may cultivate at a cultivation site. Both of which, need to be in compliance with local zoning restrictions.
Along with dispensaries and cultivation sites, a qualifying patient’s designated caregiver may be approved to cultivate if the qualifying patient lives more than 25 miles from the nearest dispensary. And because dispensaries are not likely to begin operation until September, every patient granted a card between April and that date will, by default, live more than 25 miles from a dispensary and be able to cultivate. Fair warning, once dispensaries open patients will no longer be able to grow their own marijuana.
Patients who want to grow their own medication must do so in a secure facility though the facility requirements will not be as strict as those of cultivation sites.
All cultivation sites must meet the definition of an “enclosed, locked facility”. To meet that definition there must be locks or other security devices that permit access only by a cardholder.
Outside cultivation must be enclosed by a 10-foot-high concrete wall and include a metal gate. Inside cultivation, however, would only require the cannabis to be grown in a, “enclosed, locked facility.”
A cultivation site may include a green house but again it must be equipped with “locks or other security devices that permit access only by a cardholder or surrounded by a solid 10 foot wall constructed of concrete or metal to prevent any visible marijuana plants.
One of the glaring problems in the law, so far, is that there is no indication of how a cultivation site or legal qualifying patient obtains the necessary materials to begin growing marijuana. The laws primary focus is on who is eligible to grow and how the marijuana needs to be secured. But, so far there is no mechanism that would legally allow growers to obtain seeds or plants to begin growing.
The other problem concerns mostly cultivation sites and local zoning ordinances. In order for a dispensary to have permission to grow at a cultivation site it must comply with zoning ordinances. However, cities and towns that have marijuana cultivation portions of their local zoning laws vary greatly. While most towns will be forced to create such zoning laws, it will be interesting to see how fast they will complete the process. One good sign is that Chandler already has made some guidelines:
Under Chandler’s laws a dispensaries must be at least 5,280 feet from another medical marijuana facility and 1,320 feet from a school, public park, day-care center, place of worship or library. Cultivation and infusion facilities will be limited to commercial locations zoned for industrial, not retail, businesses.
Most likely other cities will follow Chandler’s guidelines but it is too early to tell. Not to mention there may be towns that will oppose the new law and not do anything at all until they are forced to which could delay certain dispensaries from opening.
Whether you are a prospective patient or dispensary owner and/or agent, it is suggested that you meet with an Arizona attorney to answer and counsel you through Arizona’s Medical Marijuana Laws. Many local law firms are apprehensive to provide services to Arizona residents in the practice area of medical marijuana due to possible and unknown federal implications. However, the law firm of Ariano & Reppucci, PLLC is on the forefront of Arizona Medical Marijuana laws, rules, and regulations and is likewise proud to offers our counseling services in assisting those in their endeavors to assure compliance with Arizona’s medical marijuana laws. Please visit our Arizona medical marijuana website for more information or contact as 602-515-0841 to arrange your consultation.
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