Building a Cannabis Dispensary in Arizona

Arizona Cannabis Legal Status: Medical and Recreational Sales are Legal

Recreational use applications are now being accepted.

The main governing body of Arizona cannabis is the Arizona Department of Health Services.

Building Code

Building a dispensary in Arizona is subject to both local municipal code, the universal building code and also the Alcoholic Beverage Control Division (ABC). The final Arkansas cannabis building inspections are done through the local municipal building department but operation approval also must pass inspection by the ABC.

Below is a section of the Rules and Regulations governing cannabis construction and approvals:

Dispensaries and cultivation facilities shall be subject to reasonable inspection by the Alcoholic Beverage Control Division.

a. The Director of the Alcoholic Beverage Control Administration or the Director of Alcoholic Beverage Control Enforcement, or an enforcement agent, may:

i. Inspect, without the need for a search warrant, the licensed premises of a dispensary or cultivation facility, including any marijuana and marijuana product on the premises, equipment used in cultivating, processing, testing, or storing

b. marijuana establishment’s records required by these rules and computers, at any time;

  1. Issue a written report or notice of his or her findings;
  2. Exercise law enforcement powers, if authorized, and take any other action the Director of Alcoholic Beverage Control Administration or Director of Alcoholic Beverage Control Enforcement determines is necessary; and
  3. Enlist the assistance of any law enforcement officer not directly employed by Alcoholic Beverage Control Enforcement toward performance of these enforcement duties.

A dispensary or cultivation facility, and any licensee, employee, or agent shall cooperate with the Director of Alcoholic Beverage Control Administration, the Director of Alcoholic Beverage Control Enforcement, an enforcement agent, an employee of the board, or assisting law enforcement officer, acting in an official capacity to enforce the laws related to marijuana, including but not limited to:

  1. Permitting entry upon and inspection of the licensed premises; and
  2. Providing access to records required by these rules and computers, when requested by the Director of Alcoholic Beverage Control Administration, or the Director of Alcoholic Beverage Control Enforcement, or an enforcement agent, or an assisting law enforcement officer.

RR 4.2.
cultivation facilities shall notify the Alcoholic Beverage Control Division of their intent to commence operations. The Alcoholic Beverage Control Division shall conduct a thorough inspection of the premises for the following:

a. Verify possession and accuracy of detailed plans and elevation drawings required in RR 6.2 and RR 7.2;

  1. Verify connection and accessibility to the Inventory Tracking System;
  2. Verification of operational alarm and video surveillance systems;
  3. Verification of secure locks throughout the facility;
  4. Verification of controls to limited access areas;
  5. Verification of compliance with perimeter restrictions;
  6. Any existing personnel records as required by RR 19.4; and

Inspection required prior to operation. All licensed dispensaries and

h. Review initial inventory required by RR 10.1, and verify for accuracy.

  1. sensitive sound accumulator system; or other such device designed to detect illegal entry.

Security Requirements

Each facility must have a complete IP-compatible video surveillance system with security cameras that produce a minimum resolution of 640×470 pixels.

There must be a security camera installed in every room of the facility where the Marijuana is growing.

All security camera video must be recorded continuously for 24 hours a day.

All recorded surveillance video must be stored and kept for a minimum of 45 days on the video recording device. All recorded video is subject to inspection at any time by any liquor control board employee or law enforcement officer, and a copy of the video must be provided upon request.

Zoning Law

Arizona Cannabis Dispensary Zoning Regulations – City By City

Arizona zoning regulations are determined at the municipal (city) level.

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

TUSCAN


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

News

During the November 2020 election, a proposition was approved by voters that legalizes adult-use marijuana in Arizona. Retail sales are anticipated to start in April 2021 or sooner. Existing medical market operators with fewer than two nonprofit medical marijuana dispensaries that are in good standing and those seeking to operate a new marijuana establishment in a county can submit applications for adult-use sales as soon as January 19, 2021. In Arizona the adult use market is projected to generate as much as $375 million – $400 million in its first year and $700 million – $760 million by 2024.

Arizona Cannabis
Trade Associations

Arizona Dispensaries Association 

The Arizona Dispensaries Association is focused on protecting patients and providing high quality cannabis in Arizona. Their priorities are Work with the Arizona Department of Health Services on regulatory compliance and best practice development.

ADA Logo

“To promote and advocate for a safe, patient focused cannabis industry in Arizona.

Help enforce laws against unlicensed operators who are selling unsafe marijuana products while avoiding state tax and compliance regulations

Lower patient and employee card fee to a negligible amount with no expiration date for terminal patients

On-site certification and telemedicine with same day access to medical marijuana for patients

Allow a certifying professional to recommend medical marijuana for any ailment they believe will be alleviated with medical marijuana

Obtain reciprocity for medical marijuana patients from other states

Ensure the smooth implementation of SB 1494, also known as the 2019 Testing Bill”

MITA (Marijuana Industry Trade Association)

“The mission of MITA is to help Arizona’s cannabis industry businesses stay informed, network and thrive. They work directly with policy makers to ensure that Arizona’s program is fair, tightly regulated and successful.”

Mita

Cannabis News – Active Dispensaries

Apache Junction

Nature’s Wonder Dispensary 260 W Apache Trail Dr 85120

Avondale

Harvest Of Avondale 3828 S Vermeersch Rd 85323

Benson

Total Accountability Patient Care 226 E 4th St 85602

Bisbee

Green Farmacy 1191 S Naco Hwy 85603

Casa Grande

Harvest Of Casa Grande 1860 E Salk Dr Ste B-1 85122

Cave Creek

Cave Creek Cannabis 6812 E Cave Creek Rd Ste #3 85331

Chandler

Oasis Dispensaries 26427 S Arizona Ave 85248

Harvest Of Chandler 13433 E. Chandler Blvd. Suite A&B 85225

Chino Valley

Organica Patient Group Inc 856 S Sr 89 86323

Clifton

Holistic Patient Wellness Group 211 Chase Creek Rd 85533

Cochise

Cathy’s Compassion Center 1825 W Dragoon Rd 85606

Coolidge

The Desert Valley Pharmacy Inc 1302 W Industrial Dr Bldg #7 85128

Cottonwood

Yavapai Herbal Services Inc 675 E Sr 89a86326

Harvest Of Cottonwood 2400 Arizona 89a 86326

El Mirage

Arizona Cannabis Society Inc 8376 N El Mirage Rd Bldg 2 Ste 2 85335

Wickenburg Alternative Medicine Llc 12550 W Thunderbird Rd Ste 114b 85335

Flagstaff

High Mountain Health Llc 1250 S Plaza Way Ste A 86001

Greenhouse Of Flagstaff 460 N Switzer Canyon Dr Ste 100 86001

Fountain Hills

Nature’s Medicines 16913 E Enterprise Dr 85268

Gilbert

Emerald Palace 175 S Hamilton Pl Bldg 4 Ste 110 85233

Glendale

Arizona Organix Glendale 5301 W Glendale Ave 85301

The Greenhouse Dispensary 8160 W Union Hills Dr Ste A 106 85308

Harvest Of Glendale 13631 N 59th Ave 85304

Globe

Globe Farmacy Inc 200 N Broad St 85501

Goodyear

Valley Of The Sun Medical Dispensary 16200 W Eddie Albert Way 85338

Guadalupe

The Mint Dispensary 5210 S Priest Dr 85283

Harvest Of Guadalupe Guadalupe 1821 W Baseline Rd No. 101 85283

Havasu

Harvest Of Havasu 1691 Industrial Blvd 86403

Kingman

Hana Meds Kingman 2095 Northern Ave 86409

Lake Havasu

Farm Fresh 790 N Lake Havasu Ave 86404

Marana

Nature Med Inc 5390 W Ina Rd 85743

Mesa

Nova 1911 W Broadway Rd 23 85202

Sky Dispensaries 5205 E University Dr 85205

Health For Life Dispensary 5550 E Mcdowell Rd, Ste 103 85215

AZ Natural Selections 938 E Juanita Ave 85204

Greenpharms 7235 E Hampton Avenue Unit 115 85209

Kind Meds Inc 2152 S Vineyard St Ste 120 85210

Sky Dispensaries 3155 E Mcdowell Rd Ste 2 85008

Trubliss 859 E Rembrandt Ave Ste 128 85212

The Good Dispensary 1842 W Broadway Rd 85202

Mohave Valley

Mojave Green 6870 S Hwy 95 Ste 251 86440

New River

Zen Dispensary 46639 N Black Canyon Hwy 1-2 85087

Oracle

Bloom 1880 W American Ave 85623

Payson

Uncle Herb’s 200 N Tonto 85541

Peoria

AZ Natural Selections 9275 W Peoria Ave 85345

Phoenix

The Holistic Center 21035 N Cave Creek Rd Ste C5 85024

Phoenix Urban Greenhouse 2630 W Indian School Rd 85017

Desert Rose 24905 N 7th Ave 85085

Arizona Natural Remedies 22041 N 23rd Ave 85027

Trumed 1613 N 40th St 85008

Midtown Roots 2918 N Central Ave 85012

Metro Meds 10040 N Metro Pkwy W 85051

M ü V 12620 N Cave Creek Rd Ste 1 85022

Herb’N Dispensary 2601 W Dunlap Ave 18 85021

Herbal Wellness Center Inc 4126 W Indian School Rd 85019

Nirvana 2 N 35th Ave 85009

Yilo 2841 W Thunderbird Rd 85032

Sky Dispensaries 10827 S 51st St 85044

Parc 4201 E University Dr 85034

Emerald Dispensary Phoenix 4244 W Dunlap Rd Ste 1 85051

Phoenix Relief Center Inc 6330 S 35th Ave, Ste 104 85041

Nature’s AZ Medicines 439 W Mcdowell Rd 85009

The Giving Tree Wellness Center 21617 N 9th Ave 85027

Bloom 14 S 41st Pl 85034

Reef Dispensaries Phoenix 5436 W Latham St 85043

Prescott

Swc123 Merritt St 86301

Prescott Valley

BC Wellness Center 6287 E Copper Hill Dr. Ste A 86314


Queen Creek

Reef Dispensaries Queen Creek 18423 E San Tan Blvd #1 85142

Rio Rico

Green Med Wellness 1115 Circulo Mercado 85648

Safford

Natural Remedy Patient Center 1362 W Thatcher Blvd 85546

Sahuarita

Hana Green Valley 1732 W Commerce Point Pl 85614


Scottsdale

Harvest Of Scottsdale 15190 North Hayden Rd 85260

Level Up 14980 N 78th Way 85260

Monarch Wellness Center 8729 E Manzanita Dr 85258

AZ Natural Selections 7320 E Butherus Dr. Suite 100 85260

Sedona

Bloom Sedona 465 Jordan Rd 86336

Show Low

Green Hills Patient Center Inc 3191 S White Mountain Rd Ste A 85901

Sierra Vista

Sierra Vista Phytotherapeutics 1633 S Hwy 92 Ste 7 85635

Superior

Superior Organics 750 S Belmont Ave 85173

Taylor

Kompo Care 600 S Centennial Blvd 85939

Tempe

Swc Tempe 2009 E 5th St Ste 11 85281

Harvest Of Tempe 710 W Elliot Rd Ste 102 85284

Tucson

D2 Dispensary 7105 E 22nd St 85710

Botanica 6205 N Travel Center Dr 85741

Earth’s Healing Inc 2075 E Benson Hwy 85714

The Downtown Dispensary 221 E 6th St Ste 105 85705

Southern Arizona Integrated Therapies 112 S Kolb Rd 85710

Desert Bloom Releaf Center 8060 E 22nd St Ste 108 85710

Purplemed Inc 1010 S Hwy Ste 130 85745

Rainbow Collective Inc 4220 E Speedway Blvd 85712

Bloom Dispensaries 4695 N Oracle Rd Ste 117 85705

The Green Halo Llc 7710 S Wilmot Rd 85756

Harvest Of Tucson 2734 E Grant Rd 85716

Wickenburg Mmj Apothecary 1175 W Wickenburg Way Ste 4 85390

Winslow

The Medicine Room Llc 2015 W 3rd St 86047

Yuma

Jamestown Center 4340 E 32nd St 85365