Item Coversheet
CITY OF PEORIA, ARIZONA
COUNCIL COMMUNICATION
 
Agenda Item: 1. 


Date Prepared:  12/22/2020 Council Meeting Date: 1/5/2021

TO:Jeff Tyne, City Manager 
THROUGH:
Henry Darwin, City Manager 
FROM:  Chris M. Jacques, AICP, Planning Director 
SUBJECT:
Proposition 207 - Zoning Code Updates (Recreational Marijuana) 

Summary:

The purpose of this study session will be to provide the City Council with an overview of Proposition 207, review current land use regulations and seek guidance on potential adjustments to the Zoning Code. 

 

In the November 3, 2020, general election, voters approved Proposition 207 (“Smart and Safe Arizona Act”), legalizing the possession of  non-medicinal (recreational marijuana) for adults 21 years or older. The ballot initiative made the Arizona Department of Health Services (DHS) responsible for adopting rules to regulate marijuana, including the licensing of marijuana retail stores, cultivation facilities and production facilities.

 

DHS was required to first accept license applications from existing nonprofit medical marijuana dispensaries, which would be eligible to hold both nonprofit medical marijuana and for-profit marijuana licenses. The Proposition also adopted a Social Equity Ownership Program (SEOP), which was designed to issue licenses to entities whose owners are "from communities disproportionately impacted by the enforcement of previous marijuana laws." The rules are currently under development by DHS.

 

From a land use perspective, the ballot initiative provided local governments with the power to ban or limit marijuana and testing facilities and give local control over elements of zoning and other regulatory facets. To this end, the City is reviewing its current medicinal marijuana zoning regulations in light of the new voter-approved proposition.

Previous Actions/Background:

  • On November 3, 2020, voters passed Proposition 207. The election results were certified on November 30, 2020 by Secretary of State Katie Hobbs.
  • On November 10, 2020, the City held a Study Session to discuss proposed amendments to Chapter 17 of the City Code pertaining to the use and possession of Recreational Marijuana on property occupied, owned, controlled or operated by the City of Peoria.
  • On November 10, 2020, the City adopted ORD. 2020-14, amending Chapter 17 of the City Code by adopting regulations that prohibit smoking and possession of Recreational Marijuana on property occupied, owned, controlled or operated by the City of Peoria.
Fiscal Analysis:

This study session represents no direct fiscal impacts to the City.
Contact Name and Number:  
Chris M. Jacques, AICP, Planning Director, (623) 773-7609