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New owner of Apache Junction marijuana cultivation, infusion kitchen gets permit

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A conditional-use permit has been approved to continue the use of an existing Apache Junction marijuana cultivation and infusion kitchen facility under new ownership.

The Apache Junction Planning and Zoning Commission on May 13 voted 6-0 to approve the permit for the business on the southwest corner of South Tomahawk Road and East 18th Avenue subject to 20 conditions. Commissioner Ari Kalan was absent.

“It appears to me this is a facility that has been approved multiple times over the years, has had no real problems, and see absolutely no reason to disapprove of it now,” Commissioner Robin Barker said before the vote.

“I agree Commissioner Barker, and this is kind of just a matter of housekeeping in my opinion,” Chair Dave Hantzsche said before the vote.

If no one challenges the board’s decision within 20 days in writing and with a filing fee, the decision stands. Otherwise it will go to council, Development Services Director Rudy Esquivias said after the vote.

The property at 1575 E. 18th Ave. has been used for marijuana cultivation and infusion kitchen operations since 2014 pursuant to multiple conditional-use permits approved when management or ownership has changed, Senior Planner Nicholas Leftwich said to the commission.

“So this is not an expansion of the use or a change of conditions but it is an administrative procedural update,” he said.

Barker asked if the business had any problems or any calls for police.

“There were complaints regarding an odor in November of last year,” Leftwich said. “And that was shortly after this transition of ownership was happening. We worked with the current owners and were able to resolve that and create a mitigation plan for the future... We have not had any complaints since then.”

Scott Vargas of Border Health Inc. and Cortex Holdings LLC, represented by Justin Brandt of Bianchi Brandt, is the applicant. Cortex Holdings LLC/Scott Vargas is the property owner.

Border Health owns a dually licensed dispensary registration certificate and marijuana establishment license under the Arizona Department of Health Services’ medical and adult-use marijuana program. Cortex is an affiliate of Border Health that recently acquired the property from MBD Holdings LLC (David House). The facility operator under Border Health’s license is MariBrea Enterprises LLC, which does business as Gas Pump Farms, according to a written narrative.

The facility is equipped with an odor-control system to help mitigate negative impacts related to the cultivation and infusion kitchen operations. The system is regularly maintained to ensure it functions properly, it states.

“Additionally, all operations occur indoors within the structures located on the property. Border Health will maintain current operations according to procedures that have been approved by AZDHS,” it states in the narrative. “(T)he property has been used as an off-site cultivation and infusion kitchen since 2014 and continuing operations will not result in emission of odor, dust, gas, noise, lighting, vibration, smoke, heat or glare at a level exceeding ambient conditions.”

Richard H. Dyer can be reached at rdyer@iniusa.org, or on X @rhdyer. To voice your opinion on this story, connect with us at AzOpinions@iniusa.org.

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