Building a Cannabis Dispensary in Arizona

FLAGSTAFF

A medical marijuana dispensary shall comply with the following area limitations:

• The total maximum floor area of a medical marijuana dispensary shall not exceed 3,000 square feet.
• The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed 500 square feet of the total 3,000 square foot maximum floor area of a medical marijuana dispensary.

A medical marijuana dispensary shall meet the following minimum separations, measured in a straight line from the boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the property boundary of the parcel containing any existing uses listed below:

• 2,000 feet from any other medical marijuana dispensary, medical marijuana dispensary offsite cultivation location or medical marijuana infusion facility.
• 500 feet from a licensed residential substance abuse treatment facility or other residential drug or alcohol rehabilitation facility.
• 500 feet from a community college, university, public, private, parochial, charter, dramatic, dancing, music learning center or other similar school or educational facility that caters to children.
• 500 feet from a childcare center.
• 500 feet from a public library or public park.
• 500 feet from a facility devoted to family recreation or entertainment.

PHOENIX

Phoenix adopted new zoning ordinances on December 8, 2010. Below is an outline of the zoning requirements for a medical marijuana dispensary in Phoenix, Arizona. Medical marijuana infusion facilities must follow the same requirements.
Requirements that apply to a medical marijuana dispensary’s retail location:

• Medical marijuana dispensaries must be located in districts zoned as Industrial A-1: Light Industrial or Commercial: C-2. The dispensary’s medical marijuana cultivation facility must obtain a use permit that is reviewed every 365 days from the City of Phoenix Planning Department. Also included must be the following: the name and location of the facility, a copy of the operating procedures, and a survey sealed by a Registrant of the State to show compliance with the distance requirement.
• The dispensary cannot grow marijuana at its retail location.
• A dispensary “shall be located in a closed building and may not be located in a trailer, cargo container, or motor vehicle or similar structure or motorized or non-motorized vehicle.”
• A dispensary “shall not exceed 2,000 square feet of net floor area; this shall include all storage areas, retail space and offices.”
• A dispensary “shall not be located within 5,280 feet of the same type of use or a medical marijuana cultivation or infusion facility.”
• A dispensary” shall not be located within 250 feet of a the following residentially zoned districts: S-1, S-2, RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15.”
• A dispensary “shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center.”
• A dispensary “shall not be located within 500 feet of a place of worship.”
• A dispensary “shall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.”
• A dispensary many not have any drive-through services

TUCSAN

Medical marijuana dispensaries in Tucson must be located in districts zoned as Commercial C-2 or Commercial C-3. Medical marijuana dispensaries in Tucson must also meet the following requirements:

• The total maximum floor area of a medical marijuana dispensary shall not exceed 2,500 square feet.
• The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed 500 square feet of the total 2500 square foot maximum floor area of a medical marijuana dispensary.
• A medical marijuana dispensary shall be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle. ‘Building shall have the same meaning provided in Article 6, Division 2, Section 6.2.2.
• The permitted hours of operation of a medical marijuana dispensary shall be from 9:00 am to 5:00 pm.
• A medical marijuana dispensary shall have an interior customer waiting area equal to a minimum of twenty-five (25) percent of the gross floor area.
• A medical marijuana dispensary shall not have a drive-through service.
• A medical marijuana dispensary shall not have outdoor seating areas.
• A medical marijuana dispensary shall not offer a service that provides offsite delivery of the medical marijuana.
• A medical marijuana dispensary shall be setback a minimum of 2,000 feet from any other medical marijuana dispensaries measured in a straight and direct horizontal line between the two closest exterior walls of medical marijuana dispensaries.
• A medical marijuana dispensary shall be setback a minimum of 1,000 feet from a public, private or charter school or a licensed childcare center, measured in a straight and direct horizontal line from the closest exterior wall of the medical marijuana dispensary to the closest property line of a school or childcare center.
• A medical marijuana dispensary shall be setback a minimum of 1,000 feet from a church, library, public park or licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility, measured in a straight and direct horizontal line from the closest wall of the medical marijuana dispensary to the closest property line of a church, library, public park, licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility.

TEMPE

• Dispensaries must be located 1,320 feet from another medical marijuana dispensary, cultivation facility, child-care facility, charter school, private school, public school, religious worship building, public park, library, or public community building.

• A dispensary may not be operated within 500 feet from a residential zoning district.

• A medical marijuana dispensary shall be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

• A dispensary may only have one (1) secured exterior doorway. Maximum size for tenant space shall be limited to the square footage dedicated for such use with one exit.

• The dispensary must comply with Tempe’s applicable building code and fire code requirements.

• Dispensaries may not have drive through windows.

• Hours of operation are limited to no earlier than 8:00 a.m. and no later than 6:00 p.m.

• There shall be no emission of dust, fumes, vapors, or odors into the environment from the premise.

• A dispensary must have a security plan.

GILBERT

Dispensaries and cultivation sites will only be allowed within industrial zoning districts in northwest Gilbert near Morrison Ranch and near Gilbert Road and the Santan Freeway. They must also follow the zoning requirements laid out by the city, which are as follows:

• Medical marijuana dispensaries and grow rooms must be 1,320 feet apart from each other, 1,000 feet from parks, churches and schools, and 500 feet away from residential areas.
• A dispensary’s hours of operation are limited to no earlier than 8 a.m. and no later than 6 p.m.
• The facilities are only allowed in permanent buildings. And cultivation can only take place inside a closed, locked building and not on a farm.
• Dispensaries cannot sell merchandise other than medical marijuana.
• Dispensaries cannot make home deliveries or offer a drive-through window.
• Dispensaries must submit security plan details to the town.

GLENDALE

Medical marijuana dispensary shall be permitted only in the General Office (G-O), General Commercial (C-2), and Heavy Commercial (C-3) zoning districts.

Applicants must provide the city with name and location of the offsite cultivation location, a copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B) (1) (c), a survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within 10,560 feet, site plan, floor plan, building permits for occupancy change, a security plan, and a letter of authorization from the property the owner that the proposed use of the property is as a medical marijuana dispensary.

Medical marijuana dispensaries must also follow the following restrictions:

• Shall be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.

• Shall not provide outdoor seating.

• Shall not permit on-premise consumption.

• Shall be a maximum 2,000 gross square feet.

• Shall not be located within 5,280 feet of any other Medical Marijuana Dispensary, Medical Marijuana Dispensary Offsite Cultivation Location, Medical Marijuana Infusion (or Manufacturing) Facility, or Medical Marijuana Designated Caregiver Cultivation Location. This distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted.

• Shall not be located within 500 feet of a residentially zoned property. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned property.

• Shall not be located within 1,320 feet of an elementary, secondary or high school. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the property line of the protected use.

• Shall have operating hours not earlier than 10:00 a.m. and not later than 6:00 p.m.

• Off-site delivery is prohibited.

• Drive-through services are prohibited.

SCOTTSDALE

• Dispensaries must be 500 feet from zoning district boundaries of R-1: Single-family Residential District, R-2: Two-family Residential District, M-H: Manufactured Home District, or any public, private or charter school.
• Dispensaries must be at least 1320 feet from another medical marijuana dispensary.
• Dispensaries must be at least 1320 feet from a medical marijuana cultivation site, caregiver cultivation site, or medical marijuana manufacturing site.
• Dispensaries must submit a written exterior refuse plan for approval by the City.
• Dispensaries must submit a written public safety plan for approval by the city.
• Dispensaries cannot be open earlier than 6:00 a.m. and no later than 7:00 p.m.
• Dispensaries cannot have drive-thru service, a take-out window, or drive-in service.

MESA

• The dispensary shall be located a minimum distance of 2,400-feet from Residential Substance Abuse Facilities, Alcohol Rehabilitation Facilities, Correctional Transitional Housing Facilities, and Off-site Medical Marijuana Cultivation Facilities (Except the dispensary specifically associated with the off-site cultivation facility).
• The dispensary shall be located a minimum distance of 1,200-feet from Churches, Libraries, and Public Parks or Privately-owned designated open space recreational areas maintained by a Homeowner’s Association.
• The dispensary shall be located a minimum distance of 500-feet from Day Care Centers and Pre-schools.
• The Dispensary shall be no larger than 2,500 square feet, of which no more than 500 square feet shall be used for storage of product.
• The Dispensary shall be housed in a permanent building.
• A minimum of 25% of the gross floor area (GFA) of the Dispensary shall be set aside for use as an interior customer waiting area.
• The Dispensary facility shall not include a drive through window, outdoor seating, outdoor vending machines, or temporary, portable, or self-powered mobile facilities.
• The Dispensary shall not offer direct or home delivery service.
• The time the Dispensary may be open to the public shall be limited to the hours between 8:00 am and 9:00 pm of the same calendar day.
• The Dispensary shall remain in compliance with all requirements of the Arizona Department of Health Services and ARS § 36-2804.

SEDONA

A medical marijuana dispensary or medical marijuana dispensary offsite cultivation location shall be at least 500 feet from the following existing uses, measured in a straight line from the nearest property line to nearest property line.

• Educational Institutions
• Religious Institutions, Churches and Places of Worship
• Parks and Recreational Facilities
• Day Care Facilities
• Public Library
• Youth or Teen Center