Arizonans knew zoning points may trigger complications for dispensary house owners. Nevertheless, what was unanticipated are the brand new bans by a number of the Arizona cities for leisure marijuana institutions.
Shortly after the passage of Proposition 207, in any other case referred to as the Sensible and Secure Arizona Act (the “Act”), a number of Arizona cities moved to ban leisure marijuana gross sales, until the dispensary is a “twin licensee”. A twin licensee means an institution that’s licensed each as a medical marijuana institution and an grownup use (or leisure) institution. The Act particularly permits dispensary house owners to carry each licenses (medical and leisure) and to promote each forms of merchandise from the identical dispensary location. The cities in Arizona, like Mesa, discovered a method to finish run the Act, by prohibiting, amongst different issues, leisure solely marijuana dispensaries. Whereas Mesa and the opposite Arizona cities are actually allowed to move such ordinances, it actually seems to frustrate the aim of the Act, though apparently lawful to take action.
Why did these cities search a ban of leisure solely institutions? There have been a number of theories espoused by others. Because the Phoenix New Occasions reported:
Others have since adopted Gilbert [Arizona’s] lead, creating de-facto monopolies for present medical marijuana services and constructing obstacles for brand new gamers seeking to get into the brand new leisure hashish market in Arizona. Within the weeks after the election, a number of native governments handed related legal guidelines, together with Scottsdale, Mesa, Goodyear, and Shock. Tempe is at the moment soliciting public enter for its personal leisure marijuana rules.
Click on here to learn the total Phoenix New Occasions article.
Not solely are leisure solely dispensaries banned in some Arizona cities, however so are marijuana testing services. For instance, as set forth in Ordinance Quantity 5601 for the Metropolis Mesa, “[t]he operation of a marijuana testing facility is prohibited within the Metropolis [of Mesa].” Click on here to view the complete Mesa Ordinance.
Mesa likewise has banned (a) “the possession and consumption of marijuana and marijuana merchandise on Metropolis property”, (b) “supply of leisure marijuana and marijuana merchandise inside the Metropolis”, and (c) “the consumption of marijuana and marijuana merchandise on prohibited property.” See Mesa Metropolis Ordinance No. 5601.
Along with these points, the brand new ordinances may even have a adverse impact on the brand new Social Fairness Alternative Program in Arizona. As famous within the New Occasions Article:
[Mason] Cave [president and chairman of the Arizona Cannabis Chamber of Commerce] added that the brand new restrictions will create obstacles for individuals to acquire Prop 207’s 26 so-called social fairness licenses, that are meant to go to dispensary operators who come from communities disproportionately impacted by hashish criminalization.
What is probably going essentially the most fascinating a part of these new restrictions are the purported causes for such ordinances. As a part of the preamble to the Mesa Ordinance, Mesa offered the next causes for the brand new bans:
WHEREAS, the Metropolis of Mesa, Arizona (the “Metropolis”) finds that Proposition 207 authorizes marijuana institutions and testing services to make use of chemical extraction or chemical synthesis, together with butane and different flammable gases, to extract marijuana focus, which poses a menace to the well being, security and safety of the group and will increase the obligations of legislation enforcement and different Metropolis departments to answer violations of state and native legal guidelines, together with constructing, electrical, plumbing, and fireplace codes.
WHEREAS, marijuana incorporates tetrahydrocannabinol, which stays on Schedule I of the Managed Substances Act pursuant to 21 United States Code sections 811-814, and any possession or use is a violation of federal legislation pursuant to 21 United State Code sections 841-865.
Based on Mesa, marijuana extraction is so harmful and it creates such a heavy burden for Metropolis workers, that it must be banned. What about different industries that use related extraction and chemical methods? Will they be banned by Mesa subsequent? Since there are taxes imposed on the sale of marijuana, one would assume that these taxes would cowl any such further expenditures by Mesa. And this argument fully overlooks the truth that medical licensees should not banned from these actions. The explanations for the passage of the brand new ordinance appear reasonably flimsy when you dig just a little deeper.
The second purpose set forth above – that marijuana stays a Schedule I drug – likewise misses the purpose. Mesa permits the sale of each medical and leisure marijuana by twin licensees, so why does it now use federal legislation as a justification to ban leisure solely marijuana gross sales and associated actions? Once more, this appears to defy logic. If the federal ban on marijuana was actually such a monumental problem, one would assume that Mesa would search to ban the sale of medical marijuana as effectively (to the extent permitted by legislation). If the federal ban on marijuana is finally lifted, will Mesa and different cities transfer to retract these ordinances? That would appear logical if that’s really a sound foundation to ban leisure use gross sales.
Sadly, these ordinances appear to have gained traction within the Phoenix space cities. Hopefully, in time, these cities will reevaluate the knowledge of those ordinances and the deleterious results they’ve on gross sales taxes and shopper alternative.