HomeMy WebLinkAboutResolution 2020-128 Declaring as a Public Record New Chapter 11-9 (Recreational Marijuana) of Title 11 (offenses) of the Marana Town Code Adopted by Marana Ordinance No. 2020.019 MARANA RESOLUTION NO. 2020-128
RELATING TO OFFENSES; DECLARING AS A PUBLIC RECORD FILED WITH THE
TOWN CLERK NEW CHAPTER 11-9 (RECREATIONAL MARIJUANA) OF TITLE 11
(OFFENSES)OF THE MARANA TOWN CODE ADOPTED BY MARANA ORDINANCE
NO. 2020.019
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that new Chapter 11-9 (Recreational Marijuana) of Title 11 (Of-
fenses) of the Marana Town Code adopted by Marana Ordinance No. 2020.019, a copy of
which is attached to and incorporated in this resolution as Exhibit A,and one paper copy
and one electronic copy of which are on file in the office of the Town Clerk, is hereby
declared to be a public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th day of November, 2020.
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Mayor Edionea
ATTE.41 APPRO _D AS TO FORM:
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Cherry Laws cn, Town Clerk Jaffairall, Interim Town Attorney
MARANA AZ
ESTABLISHED 1977
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Resolution No.2020-128 - 1 -
EXHIBIT A TO MARANA RESOLUTION NO. 2020-128
Amendments to Marana Town Code, Title 11 "Offenses"pursuant to Marana
Ordinance No. 2020.019
SECTION 1. Title 11 "Offenses" of the Marana Town Code is hereby revised by
adding new chapter 11-9 "Recreational Marijuana" as follows:
CHAPTER 11-9. RECREATIONAL MARIJUANA
11-9-1 Purpose and intent
The purpose of this chapter is to protect the health, safety, and welfare of the
community.Except as allowed by law for personal,private use,the town prohibits
the retail sale,cultivation,and manufacturing of marijuana or marijuana products
in Marana. Nothing in this article is intended to promote or condone the sale,
cultivation,manufacture,transport,production,distribution,possession,or use of
marijuana or marijuana products in violation of any applicable law.
11-9-2 Definitions
The following definitions shall apply throughout this chapter unless the context
clearly indicates or requires a different meaning.
A. "Consume," "consuming," and "consumption" mean the act of ingesting,
inhaling or otherwise introducing marijuana into the human body.
B. "Consumer" means an individual who is at least 21 years old and who
purchases marijuana or marijuana products.
C. "Cultivate" and "cultivation" mean to propagate, breed, grow, prepare and
package marijuana.
D. "Department" means the Arizona department of health services or its
successor agency.
E. "Dual licensee" means an entity that holds both a nonprofit medical marijuana
dispensary registration and a marijuana establishment license.
F. "Manufacture" and "nanufacturing" mean to compound, blend, extract,
infuse or otherwise make or prepare a marijuana product.
G. "Marijuana" means:
1. All parts of the plant of the genus cannabis, whether growing or not, as
well as the seeds from the plant, the resin extracted from any part of the
plant, and every compound, manufacture, salt, derivative, mixture or
preparation of the plant or its seeds or resin.
2. Includes cannabis as defined in A.R.S. § 13-3401.
3. Does not include industrial hemp,the fiber produced from the stalks of the
plant of the genus cannabis, oil or cake made from the seeds of the plant,
sterilized seeds of the plant that are incapable of germination,or the weight
of any other ingredient combined with marijuana to prepare topical or oral
administrations,food, drink or other products.
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EXHIBIT A TO MARANA RESOLUTION NO. 2020-128
Amendments to Marana Town Code, Title 11 "Offenses"pursuant to Marana
Ordinance No. 2020.019
H. "Marijuana concentrate" means:
1. Resin extracted from any part of a plant of the genus cannabis and every
compound, manufacture, salt, derivative, mixture or preparation of that
resin or tetrahydrocannabinol.
2. Does not include industrial hemp or the weight of any other ingredient
combined with cannabis to prepare topical or oral administrations, food,
drink or other products.
I. "Marijuana establishment" means an entity licensed by the department to
operate all of the following:
1. A single retail location at which the licensee may sell marijuana and
marijuana products to consumers, cultivate marijuana, and manufacture
marijuana products.
2. A single off-site cultivation location at which the licensee may cultivate
marijuana, process marijuana, and manufacture marijuana products, but
from which marijuana and marijuana products may not be transferred or
sold to consumers.
3. A single off-site location at which the licensee may manufacture marijuana
products and package and store marijuana and marijuana products, but
from which marijuana and marijuana products may not be transferred or
sold to consumers.
J. "Marijuana products" means marijuana concentrate and products that are
composed of marijuana and other ingredients and that are intended for use or
consumption,including edible products, ointments,and tinctures.
K. "Marijuana testing facility" means the department or another entity that is
licensed by the department to analyze the potency of marijuana and test
marijuana for harmful contaminants.
L. "Nonprofit medical marijuana dispensary" or "medical marijuana
dispensary" means a nonprofit entity as defined in A.R.S. §36-2801(12).
M. "Open space"means a public park,public sidewalk,public walkway,or public
pedestrian thoroughfare.
N. "Person" means an individual, partnership, corporation, association, or any
other entity of whatever kind or nature.
O. "Process" and"processing" means to harvest,dry,cure, trim or separate parts
of the marijuana plant.
P. "Public place"has the same meaning prescribed in the smoke-free-Arizona act,
A.R.S. §36-601.01.
Q. "Smoke" means to inhale,exhale,burn,carry or possess any lighted marijuana
or lighted marijuana products,whether natural or synthetic.
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EXHIBIT A TO MARANA RESOLUTION NO. 2020-128
Amendments to Marana Town Code, Title 11 "Offenses"pursuant to Marana
Ordinance No. 2020.019
11-9-3 Smoking marijuana prohibited in public places and open spaces;
classification
A. It is unlawful for a person to smoke marijuana in a public place or open space
in the town.
B. Any person who fails to comply with this section is guilty of a petty offense.
11-94 Marijuana prohibited on town property
The use,sale,cultivation,manufacture,production or distribution of marijuana or
marijuana products is prohibited on property that is occupied, owned, controlled
or operated by the town.
11-9-5 Marijuana establishment prohibited; dual licensee exception
A. To the fullest extent allowable by law, the operation of a marijuana
establishment is prohibited in the town, except where authorized for a dual
licensee who:
1. Operates both a nonprofit medical marijuana dispensary and marijuana
establishment cooperatively in a shared location, subject to the provisions
and regulations of section 17-6-14; and
2. Has not forfeited or terminated the nonprofit medical marijuana
dispensary registration from the department.
11-9-6 Marijuana testing facility prohibited
To the fullest extent allowable by law,the operation of a marijuana testing facility
is prohibited in the town.
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