Arizona Daily Star: “Marana’s Planning Commission voted 5-2 in favor of approving a conditional use permit for the first application the town has received from a company looking to set up a medical marijuana dispensary and growing operation. Commissioner Jeffrey Adragna and board Chairman Norman Fogel voted against issuing the permit at the commission’s April 27 meeting. A company called Progressive Herbal Care applied for the permit, hoping to set up shop in 3,000 square feet at 6248 N. Travel Center Drive.”
Must My Dispensary Obtain a Conditional Use Permit from the City before it can File an Application for an Arizona Medical Marijuana Dispensary License?
Question: When my nonprofit entity files its application for a dispensary registration certificate, must it have a conditional use permit from the city in which the dispensary will be located?
Answer: Maybe. Arizona Department of Health Services Rule R9-17-304 states:
To apply for a dispensary registration certificate, an entity shall submit to the Department the following
6. Documentation from the local jurisdiction where the dispensary’s proposed physical address is located that:
a. There are no local zoning restrictions for the dispensary’s location, or
b. The dispensary’s location is in compliance with any local zoning restrictions;
The rule does not specifically state that a Certificate of Occupancy must accompany the application for a dispensary registration certificate, but the local zoning authority may require the dispensary to get a CO as a condition to getting the documentation required by Rule R9-17-304.
Bottom line: Every would-be dispensary owner needs to consult with a good zoning attorney about this issue and for advice and assistance if making sure that the dispensary’s desired location complies with local zoning requirements. See “Prospective Dispensary’s Single Most Important Task Before April 30, 2012.”