When Sedona voters filled out their Nov. 3 General Election ballots regarding Prop 207 — which allows the recreational use of marijuana — 68.5% checked yes.
And while it passed 60.03% in the state, with it came some restrictions, some of which could be applied by individual cities. On Dec. 12, the Sedona City Council did just that by unanimously approving a modification to the city’s code.
City Attorney Kurt Christianson said the item before council was basically the same as to what was proposed in November, except this version allows dual licensees to operate in the city. A dual licensee is a business that holds both a medical marijuana dispensary registration and retail marijuana establishment license. This change allows the one current medical marijuana dispensary — Bloom — to apply for a marijuana establishment license whereas the earlier proposed ordinance prohibited all retail marijuana establishments.
The council-approved amendment to the city code reads, “This chapter is adopted to protect the health, safety, and welfare of the community. Except as allowed by law for personal, private use and for dual licensees, the city prohibits the retail sale, cultivation, chemical extraction, chemical synthesis and manufacturing of marijuana or marijuana products in the city. Nothing in this chapter 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.”
Prop 207 passed handily with more than 60.03% of Arizona voters in favor of the measure. Even if the city does pass an ordinance prohibiting retail marijuana sales, it does not prohibit individuals over age 21 from legally possessing marijuana, using or growing marijuana in private residences — of up to six plants per person over age 21 or a maximum of 12 per household.
The new state law allows limited marijuana possession, use and cultivation. It amends criminal penalties for marijuana possession. However, it bans smoking marijuana in public and imposes a 16% excise tax on marijuana sales to fund public programs such as education.
Finally, it authorizes state and local regulation of marijuana licensees and allows the expunging of marijuana offenses from an individual’s criminal records.
Similar to when medical marijuana was passed in 2010, Prop 207 bases the state’s licensing of recreational marijuana on the number of pharmacies in the state. The number of medical marijuana licenses can’t exceed 10% of the amount of statewide pharmacies. There are currently 1,333 pharmacies in Arizona and 130 medical marijuana dispensaries. Christianson said to his knowledge, every medical marijuana dispensary plans to apply for a dual license, which begins Jan. 19 and ends March 9. Bloom owner Edward Judice confirmed he plans to apply for the license.
In addition to dual licenses, the state will be issuing 26 recreation-only marijuana dispensary licenses statewide.
