Marijuana Zoning Regulations

The Chandler City Council took a first step Monday night to write restrictive zoning regulations for medical marijuana dispensaries.

The Council voted unanimously to start work on zoning code amendments that limit the locations of dispensaries beyond those in a new state law.

Exactly what those restrictions will be is uncertain, but the council will discuss them at a Dec. 16 subcommittee meeting, bring them to public hearings in January and adopt them in February.

Several council members said the potential for marijuana theft and the anticipated cultivation of medical marijuana in city limits are reasons Chandler should adopt zoning restrictions.

Municipalities across the state have been scrambling to write ordinances for medical-marijuana dispensaries since Proposition 203 was officially approved by voters last month.

Planning Director Jeff Kurtz said cities can limit medical marijuana dispensaries to specific zoning districts, require special use permits and set maximum square footage for the operations. If Chandler doesn't change its zoning code, the dispensaries would be allowed in most areas that permit retail commerce, he said.

Mayor Boyd Dunn, a member of the League of Arizona Cities and Towns executive committee, said the state law is so vague that the regional group drafted a model ordinance for municipalities. Arizona Department of Health Services is expected to start reviewing applications from people who want to operate a dispensary or use medical marijuana by April. Under state law, no more than 124 dispensaries can open across Arizona. At least one has to open in each county.

According to league records, no Valley city has yet adopted zoning changes that regulate medical marijuana dispensaries but Tempe and Scottsdale have held public discussions of proposed restrictions and Peoria has a draft ordinance set for a vote next month. Four cities outside of Maricopa County, including Tucson, have adopted medical marijuana zoning laws.