HomeMy WebLinkAboutOrdinance 2020.019 Revising Marana Town Code Tittle 11 by Adding New Chapter 11-9 (Recreational Marijuana) •
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DEPUTY RECORDER 40111 ® SEQUENCE: 20203250034
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TOWN OF MARANA 41tr olA 9:57:30
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MARANA ORDINANCE NO. 2020.019
RELATING TO OFFENSES;REVISING MARANA TOWN CODE TITLE 11 (OFFENSES)
BY ADDING NEW CHAPTER 11-9 (RECREATIONAL MARIJUANA) RELATING TO
THE REGULATION OF RECREATIONAL MARIJUANA AND RENUMBERING THE
CHAPTERS THAT FOLLOW TO CONFORM; AND DECLARING AN EMERGENCY
WHEREAS marijuana contains tetrahydrocannabinol ("THC"), which remains on
Schedule I of the Controlled Substances Act pursuant to 21 U.S.C. § 811 et al. and any
possession and use is a violation of federal law pursuant to 21 U.S.C. § 841 et. al.; and
WHEREAS the Arizona Medical Marijuana Act, Arizona Revised Statutes Sections
§ 36-2801 et al., and Title 9, Chapter 17 of the Arizona Administrative Code allow the
establishment and operation of nonprofit medical marijuana dispensaries in the Town
according to a prescribed statutory and regulatory process; and
WHEREAS the statewide ballot measure I-23-2020, known as "Smart and Safe
Arizona Act" was certified as Proposition 207 and placed on the November 3, 2020
general election ballot and has been approved by a majority of the votes cast at the
election; and
WHEREAS Proposition 207 contains provisions authorizing the possession,
consumption, purchase, processing, manufacturing or transporting of marijuana by an
individual who is at least 21 years of age; authorizing possession, transport, cultivation
or processing of marijuana plants in a primary residence by adults over 21 years of age;
allowing a nonprofit medical marijuana dispensary or other non-dispensary applicant to
apply to the Department of Health Services to become a licensed marijuana establishment
authorized to engage in the retail sale, cultivation and manufacturing of marijuana; and
allowing the Department, or another entity designated by the Department, to become a
marijuana testing facility to test the potency of marijuana and detect any harmful
contaminants; and
WHEREAS the Town finds that Proposition 207 authorizes marijuana
establishments to use chemical extraction or chemical synthesis, including butane and
other flammable gases, to extract marijuana concentrate, which poses a threat to the
health, safety and security of the community and increases the responsibilities of law
enforcement and other Town departments to respond to violations of state and local laws,
including building, electrical and fire codes; and
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WHEREAS the Town seeks to protect public health, safety, and welfare by
prohibiting marijuana establishments and marijuana testing facilities in the Town; and
WHEREAS the Town Council finds that adoption of this ordinance is in the best
interests of the Town and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 11 (Offenses) is hereby amended by adding
new Chapter 11-9 (Recreational Marijuana), which was made a public record by and
attached as Exhibit A to Marana Resolution No. 2020-128 and is hereby adopted and
made a part of this ordinance by reference as if fully set out here.
SECTION 2. The following penalty clause is included in Chapter 11-9
(Recreational Marijuana):
11-9-3 Smoking marijuana prohibited on public property;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.
SECTION 3. The various town officers and employees are authorized and
directed to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 6. Since it is necessary for the preservation of the peace, health and
safety of the Town of Marana that this ordinance become immediately effective, an
emergency is hereby declared to exist, and this ordinance shall be effective immediately
upon its passage and adoption.
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Ordinance No. 2020.019 - 2-
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 17th day of November, 2020.
y
Mayor Ed Ho 41
ATTER- APPR• • , AS TO FORM:
. ..._��c.1
Cherry . Lawson, Town Clerk Ja -airall, Interim Town Attorney
4/ Ali 4„,
MARAN A2
ESTABLISHED I97 /
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