O20-10-08 Recreational Marijuana

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ORDINANCE O20-10-08 
AN ORDINANCE 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 of 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 ORDAINED by the Common Council of the City of El 
Mirage, Arizona, as follows: 
 
Section I. 
In General. The Code of El Mirage, Arizona, Title IX General Regulations, is 
hereby amended by adding a new Chapter 97 Recreational Marijuana.  
 
Section II.  
Providing for Repeal of Conflicting Ordinances. All ordinances and parts of 
ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein 
by reference, are hereby repealed. 
 
Section III.  
Recitals.  The recitals above are fully incorporated in this Ordinance by reference. 
 
Section IV.  
Effective Date.  This Ordinance does not become effective unless and until the 
Smart and Safety Act (Proposition 207) becomes law when approved by a majority of the votes 
cast at the November 3, 2020 general election and on proclamation of the governor. Upon the 
governor’s proclamation, this Ordinance shall become effective.  
 
Section V.  
Zoning Considerations.  In accordance with Chapter II, Sections 1 and 2, 
Constitution of Arizona, the City Council has considered the individual property rights and 
personal liberties of the residents of the City before adopting this ordinance. 
 
Section VI.  
Preservation of Rights and Duties.  This Ordinance does not affect the rights and 
duties that matured, penalties that were incurred, or proceedings that were begun before the 
effective date of this Ordinance. 
 
Section VII.     Providing for Severability.  If any section, subsection, sentence, clause, phrase or 
portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason 
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such 
decision shall not affect the validity of the remaining portions thereof. 
 
 
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