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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
medical marijuana dispensaries; location
Purpose
Prohibits a nonprofit medical marijuana dispensary or cultivation site from being within 500 feet of a child care facility or facility that provides preschool programs. Prohibits a locality from enacting any ordinance or rule that allows a marijuana establishment to be located within 500 feet of a public school, private school, child care facility or facility that provides preschool programs. Contains requirements for enactment for initiatives and referendums (Proposition 105).
Background
In 2010, Arizona voters approved the Arizona Medical Marijuana Act to establish a regulatory system, overseen by the Department of Health Services (DHS), that allows a nonprofit medical marijuana dispensary to dispense a permissible amount of medical marijuana to a qualified patient. A prospective nonprofit medical marijuana dispensary must register with DHS and submit an application that contains specified information, including the physical address of the nonprofit medical marijuana dispensary and any additional location where marijuana will be cultivated. A nonprofit medical marijuana dispensary or cultivation site may not be within 500 feet of a public or private school that existed prior to the date of the nonprofit medical marijuana dispensary's application submission (A.R.S. Title 36, Chapter 28.1).
In 2020, Arizona voters approved the Smart and Safe Arizona Act which legalized the sale and use of recreational marijuana to Arizonans who are at least 21 years of age. DHS adopts rules to regulate recreational marijuana and marijuana establishments. A locality may enact reasonable marijuana establishment zoning regulations, including regulations that limit number, prohibit or regulate the time, place and manner of marijuana establishments. Statute prohibits a locality from adopting an ordinance, regulation or rule that: 1) is more restrictive than a comparable ordinance, rule or regulation that applies to nonprofit medical marijuana dispensaries; 2) makes the operation of a marijuana establishment burdensome; or 3) restricts or interferes with the ability of a dual license to operate a nonprofit medical marijuana dispensary and a marijuana establishment cooperatively at shared locations (A.R.S. Title 36, Chapter 28.2).
A child care facility is any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor. A child care facility may not care for, supervise or train a child unless the facility is licensed by DHS. The DHS Director oversees the regulation of child care facilities and sets reasonable rules for child care facilities regarding the health, safety and well-being of children. (A.R.S. §§ 36-881 – 36-883).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, to the list of locations a nonprofit medical marijuana dispensary or cultivation site may not be within 500 feet of, a child care facility or facility that provides preschool programs that existed prior to the nonprofit medical marijuana dispensary's application submission.
2. Prohibits a locality from enacting any ordinance, regulation or rule that allows a marijuana establishment to be located within 500 feet of a public school, private school, child care facility or facility that provides preschool programs.
3. Applies the location restrictions on nonprofit medical marijuana dispensaries and marijuana establishments to only nonprofit medical marijuana dispensary registration certificates and marijuana establishment licenses issued after the general effective date.
4. Makes technical and conforming changes.
5. Requires for enactment the affirmative vote of at least three-fourths of the members of each house of the Legislature (Proposition 105).
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Prohibits a locality from enacting any ordinance or rule that allows a marijuana establishment to be located within 500 feet of a public school, private school, child care facility or facility that provides preschool programs.
2. Applies the location restrictions to nonprofit medical marijuana dispensary registration certificates and marijuana establishment licenses issued after the general effective date.
3. Makes conforming changes.
Senate Action
ED 1/29/25 DP 6-0-1
Prepared by Senate Research
February 20, 2025
MH/KK/ci