MARIJUANA FACILITIES
Mesa City Code § 11-31-34
in effect11-31-34: - MARIJUANA FACILITIES
Medical marijuana dispensaries, dual licensee facilities, marijuana cultivation facilities, and marijuana infusion facilities, each as defined in the zoning ordinance, are permitted subject to the regulations in this section. Recreational marijuana establishments are only permitted when operated as a dual licensee facility.
A. General Requirements. A medical marijuana dispensary, dual licensee facility, marijuana cultivation facility, and marijuana infusion facility is permitted only in the LI and GI districts, provided that evidence has been demonstrated of compliance with all of the following:
1. Spacing requirements for medical marijuana dispensaries and dual licensee facilities. Each medical marijuana dispensary and each dual licensee facility shall be separated from the following uses as follows:
(a) A minimum distance of 5,280 feet from the nearest registered medical marijuana dispensary or dual licensee facility, including any medical marijuana dispensary, dual licensee facility or marijuana establishment located in neighboring jurisdictions, except as provided in Subsections 11-31-34(A)(1)(a)(i) and 11-31-34(A)(1)(a)(iii).
(i) Qualified Marijuana Facility. An existing marijuana facility may be located a minimum distance of 1,000 feet from the nearest registered medical marijuana dispensary or dual licensee facility if the existing marijuana facility is:
1. Located on or relocates to a large industrial development;
2. Setback from a major roadway by at least 300 feet; and
3. Separated from the nearest registered medical marijuana dispensary or dual licensee facility by the major roadway.
(ii) The distance in Subsection 11-31-34(A)(1)(a)(i) is measured from the support wall, post or column of the existing marijuana facility along the Street to the nearest support wall, post or column of the nearest registered medical marijuana dispensary or dual licensee facility.
(iii) Relocation Eligible Marijuana Facility. A relocation eligible marijuana facility is permitted a one-time relocation if the new location compared to the location on the effective date of Ordinance No. 5845 results in greater separation and setbacks (an increase in distance) between: (1) the relocation eligible marijuana facility and the nearest qualified marijuana facility, (2) the relocation eligible marijuana facility and the nearest right-of-way, and (3) the relocation eligible marijuana facility and the nearest intersection of public Streets. Other than the exception stated in the prior sentence, the relocation eligible marijuana facility must comply with all requirements of the zoning ordinance.
(iv) The following definitions apply to Subsection 11-31-34(A)(1)(a):
"Existing Marijuana Facility" means a medical marijuana dispensary or dual licensee facility that prior to the effective date of Ordinance No. 5845 had registered with the City and was operating within the corporate boundaries of the City as evidenced by a certificate of occupancy issued by the City.
"Large Industrial Development" means a single Parcel of Land zoned LI or GI that is at least 80-acres in size, or a Parcel of Land zoned LI or GI that in combination with adjoining parcels of land zoned LI or GI that are not separated by a right-of-way dedicated to the City are collectively at least 80-acres in size.
"Major Roadway" means a highway, six lane arterial roadway, or a roadway identified as a future six lane arterial in the Mesa 2040 Transportation Plan, as may be amended from time to time.
"Qualified Marijuana Facility" means an existing marijuana facility that meets the requirements for the exception to the minimum distance in Subsection 11-31-34(A)(1)(a)(i).
"Registered Medical Marijuana Dispensary or Dual Licensee Facility" means and includes both: (1) a medical marijuana dispensary or dual licensee facility that is registered or had registered with the City and is currently operating within the corporate boundaries of the City as evidenced by a certificate of occupancy issued by the City, and (2) a medical marijuana dispensary, dual licensee facility, or marijuana establishment that is currently operating in a neighboring jurisdiction.
"Relocation Eligible Marijuana Facility" means an existing marijuana facility that, on the effective date of Ordinance No. 5845, is located less than 5,280 feet from the nearest qualified marijuana facility.
(b) A minimum distance of 2,400 feet from:
(i) A community residence;
(ii) A correctional transitional housing facility; and
(iii) A social service facility.
(c) A minimum distance of 1,200 feet from the following land uses, unless separated by a canal, railroad track, or highway (when separated by a canal, railroad track, or highway, the distance is measured from the support wall, post or column of the medical marijuana dispensary or dual licensee facility along the Street to the Lot Line of the subject land use.):
(i) A church located in the RS, RM, DR, T3N, T4N, or T5N Districts;
(ii) A library;
(iii) A school; and
(iv) A public park located in the LI or GI districts.
(d) A minimum distance of 500 feet from the following land uses, unless separated by a canal, railroad track, or highway (when separated by a canal, railroad track, or highway, the distance is measured from the support wall, post or column of the medical marijuana dispensary or dual licensee facility along the Street to the Lot Line of the subject land use.):
(i) A day care center and pre-school;
(ii) A public park located in all zoning districts except LI or GI; and
(iii) A privately owned open space and recreation area as designated on the applicable plan of development approved by the City that is maintained by a homeowner's association.
2. Spacing Requirements for Marijuana Cultivation and Infusion Facilities. Each marijuana cultivation facility and each marijuana infusion facility shall be separated from the following uses as follows:
(a) A minimum distance of 2,400 feet from the nearest medical marijuana dispensary, dual licensee facility, off-site cultivation facility or off-site marijuana infusion facility. This spacing requirement does not apply to a marijuana cultivation facility or marijuana infusion facility and the specific medical marijuana dispensary or dual licensee facility it serves.
(b) A minimum distance of 1,200 feet from any of the following land uses, unless separated by a canal, railroad track, or highway (when separated by a canal, railroad track or highway, the distance is measured from the support wall, post or column of the marijuana cultivation or marijuana infusion facility along the Street to the Lot Line of the subject land use.):
(i) A church located in the RS, RM, DR, T3N, T4N, or T5N Districts;
(ii) A library;
(iii) A school; and
(iv) A public park located in the LI or GI Districts.
(c) A minimum distance of 500 feet from any of the following land uses, unless separated by a canal, railroad track, or highway (when separated by a canal, railroad track or highway, the distance is measured from the support wall, post or column of the marijuana cultivation or marijuana infusion facility along the Street to the Lot Line of the subject land use.):
(i) A day care center and pre-school;
(ii) A public park located in all zoning districts except LI or GI; and
(iii) A privately owned open space and recreation area, as designated on the applicable plan of development approved by the City, that is maintained by a homeowner's association.
3. State Registration and Approval to Operate. Each medical marijuana dispensary and each dual licensee facility must obtain a valid dispensary registration certificate and an approval to operate (ATO) in accordance with state law.
4. City Registration. Each medical marijuana dispensary, dual licensee facility, marijuana cultivation facility, and marijuana infusion facility must register with the planning division in accordance with Chapter 67 and the process set forth in this section.
(a) The following information shall be provided to the planning division in order to register with the City:
(i) A complete application filed with the office of the planning division.
(ii) Name, mailing address, telephone number, and e-mail address of the individual, non-profit organization, or business entity operating the facility. If a non-profit organization or business entity registers the facility, contact information for the individual responsible for managing the facility shall also be provided.
(iii) A written narrative describing how the location and the proposed improvements comply with the requirements of this Ordinance including but not limited to the spacing requirements.
(iv) If applicable, the name(s) and location(s) of any off-site Marijuana Cultivation Facility or Marijuana Infusion Facility, or both, associated with the Marijuana Dispensary or Dual Licensee Facility, and its operations.
(v) Written acknowledgement that the marijuana facility has complied with all state security requirements including applicable administrative codes and record keeping.
(vi) A Medical Marijuana Dispensary must provide a copy of its current ADHS dispensary registration certificate and ATO. A Dual Licensee Facility must provide a copy of its current ADHS dispensary registration certificate, license, and ATO.
(vii) Any other information deemed necessary by the City to process the registration request.
(b) Registration Non-Transferable. A Medical Marijuana Dispensary or a Dual Licensee Facility may not transfer or assign its City registration.
5. Registration Renewal. City registration is valid for one (1) year from the date of approval of the City registration and must be renewed annually on or before the expiration date of the registration. To renew the City's registration, a complete application for renewal and evidence of current state registration certificate, license, and ATO, as applicable, must be provided.
6. Revocation. The Zoning Administrator may revoke the City's registration upon finding:
(a) The applicant made or provided false or misleading information or statements or both to City staff during the application process; the application contains false or misleading information; or the fees required by the schedule of fees and charges have not been paid; or
(b) The required ADHS dispensary registration certificate or ATO is denied or revoked.
(c) In the event that a Marijuana Facility's City registration is revoked, the Zoning Administrator will provide written notice to the applicant. The City of Mesa registration will automatically terminate 15 calendar days after written notification was provided to the applicant; and the Marijuana Facility must cease operation 45 calendar days from the date of the City's written notification.
B. Development Standards. Each Medical Marijuana Dispensary, Dual Licensee Facility, Marijuana Cultivation Facility, and Marijuana Infusion Facility shall be housed in a permanent building and shall comply with the following development standards:
1. Facility Size.
a. Medical Marijuana Dispensaries and Dual Licensee Facilities. The maximum floor area of an individual Medical Marijuana Dispensary or an individual Dual Licensee Facility is 5,000 square feet.
b. Marijuana Cultivation Facilities. The maximum floor area of an individual cultivation facility is 25,000 square feet.
c. Marijuana Infusion Facilities. The maximum floor area of an individual infusion facility is 10,000 square feet, of which no more than 2,500 square feet shall be used for storage of marijuana related product or marijuana related materials used in the production of product.
d. Combined Facilities. A Medical Marijuana Dispensary and a Dual Licensee Facility may operate a Marijuana Cultivation Facility, Marijuana Infusion Facility, or both, at a single location, provided the maximum floor area for each facility does not exceed the maximum floor area specified for each individual facility above.
2. Marijuana Facility Use Restrictions. Marijuana facilities may not include:
a. A drive-through window;
b. Outdoor seating;
c. Outdoor vending machines; or
d. Temporary, portable, or self-powered mobile facilities.
3. Hours of Operation. A Medical Marijuana Dispensary and a Dual Licensee Facility shall only be open to the public between 8:00 a.m. and 9:00 p.m. of the same calendar day.
4. Medical Marijuana Dispensaries and Dual Licensee Facilities shall remain in compliance with all applicable state laws and regulations.
(Ord. No. 5388, 6-26-17; Ord. No. 5437, 5-7-18; Ord. No. 5633, § 1, 7-8-21; Ord. No. 5845, § 1, 2-5-24; Ord. No. 5947, § 3, 7-1-25)
Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT11ZOOR_ART4DERE_CH31STSPUSAC_11-31-34MAFAFetched: 11/1/2026