Code now covers both recreational, medical cannabis
Posted
I wanted to thank Lisa and the staff for making the changes based on our last work session. I appreciate the extra due diligence in not making this a burden to those that are using it medically and those that are using it privately in their homes.”
While recreational marijuana is now legal in Arizona and Goodyear, that doesn’t mean it’s a free-for-all for those who smoke or consume marijuana products in the city.
When Arizona voters approved Proposition 207, the Smart and Safe Arizona Act, in November, they legalized the sale, possession and use of recreational marijuana by adults 21 and older.
Prop. 207 also gave cities the ability to regulate recreational marijuana use within their jurisdictions, and authorized the Arizona Department of Public Health to issues licenses and to establish rules for retail sales, cultivation, manufacturing and processing facilities.
In October, the council unanimously approved zoning changes authorizing recreational sales only by individuals and facilities already licensed to sell medical marijuana and marijuana products.
“We expect licenses to be issued within the first quarter of 2021 and ADHS also has up until July to issue rules,” Assistant City Attorney Lisa Maxie-Mullins told the council during a Jan. 11 work session on code amendments. “Also, the law allows for delivery in 2023,” at which time the public health agency will issue rules for that activity.
During their regular session Monday, Jan. 25, council members voted unanimously to update Chapter 11 of the city code to regulate public and at-home recreational use, as well as residential and business disposal.
“I wanted to thank Lisa and the staff for making the changes based on our last work session,” Vice Mayor Bill Stipp said. “I appreciate the extra due diligence in not making this a burden to those that are using it medically and those that are using it privately in their homes. I think we’ve struck a real good middle of the road here on it and I appreciate their work.”
Public regulations
The newly updated code prohibits smoking, vaping, consumption, possession, cultivation, extraction, manufacturing, procession, sales, transfer and display of marijuana or marijuana products on or in:
• Property owned, controlled or operated by the city;
• Places where tobacco smoking is prohibited;
• Public places including banks, bars, multifamily housing common areas, educational, entertainment and health care facilities, restaurants, retail stores and theaters; and
• Public parks, sidewalks, walkways, trails and pedestrian thoroughfares.
Delivery to consumers within the city limits, and advertisement or promotion of the transfer of legally permissible amounts of marijuana also are prohibited.
Residential regulations
Under the updated code, cultivation, extraction, manufacture and processing of marijuana for personal use must be confined to an enclosed area within the primary residence or accessory building on the property not visible to the public, with a lock or other security device that prevents access by those younger than 21.
Chemical extraction or synthesis, excluding manual or mechanical means is prohibited, and landlords are prohibited from allowing that activity on their rental properties.
Both tenants and landlords can be cited if a resident is found to be in violation of the city code.
Disposal
City code updates initially classified both recreational medical marijuana and marijuana product waste as hazardous, and prohibited residents from disposing of them in regular trash.
At the council’s request, Ms. Maxie-Mullins conferred with city staff, and updated the language to allow residential disposal of all marijuana and marijuana product waste that has been rendered unusable, placed with other waste in a closed container and placed in a trash bag.
Ms. Maxie-Mullins said marijuana establishment and dispensary waste will still be classified as hazardous because of the volume to be disposed, and because those facilities will potentially treat plants with chemicals.
City staff will provide residents with information on proper disposal to avoid confusion, she said.
Penalties
Under the new code, penalties for violations on city-owned property would be a Class 1 misdemeanor and other violations would be petty offenses.
“In Prop. 207, most of the violations are petty offenses, except for underage uses,” Ms. Maxie-Mullins said.
Kelly O’Sullivan can be reached at kosullivan@newszap.com or 760-963-1697.
Kelly O’Sullivan News Editor | Litchfield Park& Goodyear @AzNewsmedia
Kelly O’Sullivan is a longtime journalist who joined Independent Newsmedia in January 2020, after returning to the Valley from Twentynine Palms, California, where she worked for eight years as a communications specialist for the U.S. Marine Corps. When she’s not covering stories of interest to Litchfield Park, Goodyear and other Southwest Valley residents, she stays busy rediscovering Arizona and photographing its spectacular landscapes and wildlife.
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