Arizona Statewide Rule
Arizona Marijuana Dispensary Licensing and Local Zoning Limits
Key Facts
- Statute
- ARS 36-2854
- Licensing Agency
- Arizona DHS
- Local Authority
- Reasonable zoning only
- School Buffer
- Set by state rule
Summary
Arizona caps statewide marijuana establishment licenses and limits the local zoning conditions cities may impose under ARS Title 36 Chapter 28.2.
A. A locality may: 1. Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas. 2. Limit the number of marijuana establishments or marijuana testing facilities, or both. 3. Prohibit marijuana establishments or marijuana testing facilities, or both. 4. Regulate the time, place and manner of marijuana establishment and marijuana testing facility operations. 5. Establish reasonable restrictions on public signage regarding marijuana, marijuana establishments and marijuana testing facilities. 6. Prohibit or restrict delivery within its jurisdiction.
Full Breakdown
ARS 36-2854 directs the Department of Health Services to license marijuana establishments and dual-license existing nonprofit medical dispensaries. Localities may adopt reasonable zoning regulations governing location, hours, and signage but cannot ban marijuana establishments outright in cities where adult-use was approved by voters. State rules require minimum buffers from schools and public buildings. Local rules cannot conflict with statewide buffer standards or impose discriminatory permit fees.
Violations & Penalties
Operating without DHS licensing, exceeding state buffer rules, or violating local zoning conditions can result in license suspension, civil penalties, and criminal charges for unlicensed sales.
Frequently Asked Questions
Can an Arizona city ban marijuana dispensaries entirely?
How close can a dispensary be to an Arizona school?
Sources
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