R20-10-21 Recreational Marijuana

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RESOLUTION R20-10-21 
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 
OF EL MIRAGE, ARIZONA, AMENDING THE CODE OF EL MIRAGE, 
ARIZONA BY ADOPTING A NEW CHAPTER 
97 (RECREATIONAL 
MARIJUANA), IN TITLE IX (GENERAL REGULATIONS) OF THE EL 
MIRAGE CITY CODE; ESTABLISHING A PURPOSE; SETTING FORTH 
DEFINITIONS; PROHIBITING MARIJUANA ON PUBLIC PROPERTY; 
PROHIBITING 
MARIJUANA 
ESTABLISHMENTS 
AND MARIJUANA 
TESTING FACILITIES; ENACTING REASONABLE REGULATIONS FOR 
MARIJUANA CULTIVATION ON RESIDENTIAL PROPERTY; SETTING 
FORTH 
VIOLATIONS; 
PROVIDING 
FOR 
ENFORCEMENT 
AND 
PENALTIES; AND SETTING A CONDITIONAL EFFECTIVE DATE. 
 
 
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.; 
 
 
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 City according to 
a prescribed statutory and regulatory process; 
 
 
WHEREAS, the statewide ballot measure I-23-2020, known as “Smart and Safe Arizona 
Act” has been certified as Proposition 207 and placed on the November 3, 2020 general election 
ballot and contains provisions authorizing the possession, consumption, purchase, processing, 
manufacturing or transporting of marijuana by an individual who is at least twenty-one (21) years 
of age; authorizing possession, transport, cultivation or processing of marijuana plants in a primary 
residence by adults over 21 years or older; 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; 
 
 
WHEREAS, the City finds that Proposition 207 authorizes marijuana establishments and 
testing facilities 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 City 
departments to respond to violations of state and local laws, including building, electrical, 
plumbing, and fire codes; 
 
 
WHEREAS, the City seeks to protect public health, safety, and welfare by prohibiting 
marijuana establishments and/or marijuana testing facilities in the City and by enacting additional 
regulations.

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NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of El 
Mirage, Arizona, as follows: 
 
Section I. 
That the Code of El Mirage, Arizona, Title IX General Regulations, is hereby  
 
 
amended by adding a new Chapter 97 Recreational Marijuana which is newly  
 
 
adopted and made a part of this Resolution as set forth in the attached Exhibit A. 
 
 
 
 
PASSED AND ADOPTED by the Common Council of the City of El Mirage, Arizona, 
this 20th day of October, 2020. 
 
 
FOR THE CITY OF EL MIRAGE: 
 
ATTESTED TO: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Alexis Hermosillo, Mayor 
 
 
 
Sharon Antes, City Clerk 
 
 
REVIEWED BY: 
 
 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Crystal Dyches, City Manager 
 
 
Pierce Coleman, PLLC, City Attorney