3 Steps for an Arizona Medical Marijuana Dispenary to Operate Legally

Mike Wakefield of Wakefield Architects, gave us permission to republish his detailed analysis of the steps a prospective Arizona medical marijuana dispensary must follow to get permission from a city to open a dispensary.  If your dispensary needs an architect and it probably does, contact Mike at 602-595-7276.  His office is located at 3848 North Third Avenue, Suite 3092, Phoenix, AZ 85013.

3 STEPS FOR A DISPENSARY BUILDING TO OPERATE LEGALLY:

I. Local City / Town Application (Zoning)
II. State of Arizona Department of Health Services Application
III. Local City / Town Certificate of Occupancy (Building Permit)

I. Local City / Town Application

Specific to City / Town Ordinances (available via website – i.e. www.phoenix.gov)

II. State of Arizona Department of Health Services Application

DRAFT 01/31/2011
TITLE 9. HEALTH SERVICES
CHAPTER 17. DEPARTMENT OF HEALTH SERVICES – MEDICAL MARIJUANA PROGRAM

R9-17-304. Applying for Approval to Operate a Dispensary

To apply for approval to operate a dispensary, a person holding a dispensary registration certificate shall submit to the Department at least 60 days before the expiration of the dispensary registration certificate the following:

2. A copy of the certificate of occupancy or other documentation issued by the local jurisdiction to the applicant authorizing occupancy of the building as a dispensary and, if applicable, as the dispensary’s cultivation site;

3. A sworn statement signed and dated by the individual or individuals in R9-17-301 certifying that the dispensary is in compliance with local zoning restrictions;

4. The distance to the closest public or private school from:

a. The dispensary; and
b. If applicable, the dispensary’s cultivation site;

5. A site plan drawn to scale of the dispensary location showing streets, property lines, buildings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water mains;

6. A floor plan drawn to scale of the building where the dispensary is located showing the:

a. Layout and dimensions of each room,
b. Name and function of each room,
c. Location of each hand washing sink,
d. Location of each toilet room,
e. Means of egress,
f. Location of each video camera,
g. Location of each panic button, and
h. Location of natural and artificial lighting sources;

7. If applicable, a site plan drawn to scale of the dispensary’s cultivation site showing streets, property lines, buildings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water mains; and

8. If applicable, a floor plan drawn to scale of each building at the dispensary’s cultivation site showing the:

a. Layout and dimensions of each room,
b. Name and function of each room,
c. Location of each hand washing sink,
d. Location of each toilet room,
e. Means of egress,
f. Location of each video camera,
g. Location of each panic button, and
h. Location of natural and artificial lighting sources.

III. Local City / Town Certificate of Occupancy (Building Permit)

1. Site Issues – Prior to obtaining a building permit, customers should perform “due diligence” to ensure the site complies with all zoning ordinance requirements. Key ordinance requirements include:

a. Distance of the structures to the property line or “building setback”
b. Percentage of the site covered by structures or “lot coverage”
c. Height of structures
d. All uses on-site (i.e. restaurant space, office area, etc.)
e. All parking and driveway aisles
f. Landscaping

2. Building Issues

a. Two complete sets of plans, drawn to scale, and if required per the Arizona Board of Technical Registration or local building department, signed and sealed by a licensed architect or engineer registered in Arizona. Plans include site plan, floor plan, plumbing and mechanical plan, electrical drawings, and structural drawings. Additional drawings, specifications, and calculations may be required depending on the scope of the project.
b. Description of the proposed project (new build, remodel, etc.) and the business operation.
c. Project address and legal description of the property (lot and block number, meets and bounds description). If an address has not been established, the city will assign one.
d. Owner’s name, mailing address, contact person and phone number.
e. Contractor name, address, phone number, contractor license number, state privilege tax number and city privilege tax number.

3. Inspections – In order for a building to obtain a Certificate of Occupancy, the structure must pass a series of inspections. In most cases, the inspections include, but are not limited to

a. Architectural inspections (where inspector checks if tenant space was built in accordance with an Architect’s stamped and approved drawings),
b. Electrical inspections,
c. Plumbing inspections,
d. Sprinkler inspections,
e. Fire alarm inspections,
f. Fire pump pressure test, &
g. Emergency egress.

Certificate of Occupancy Flow Chart

1) Submit building and site plans
2) Plan review
3) Approved or revisions requested
4) Revisions completed
5) Plans re-submitted
6) Second review
7) Permit fees paid
8) Permit is issued
9) Work commences
10) Inspections completed
11) Certificate of Occupancy (C of O) issued