Coconino County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Coconino County?

Licensed medical and adult-use cannabis cultivation in the State of Arizona is legal under the Arizona Revised Statutes (ARS) Chapters 28.1 and 28.2, called the Arizona Medical Act or Smart and Safe Arizona Act (SASAA) and the Responsible Adult Use of Marijuana, respectively. ARS Chapter 28.2 Section 36-2850-36-2857, however, allows localities to prohibit adult-use marijuana businesses. Hence, in Coconino County, only licensed medical cannabis businesses are allowed, including licensed medical cannabis cultivation businesses, provided they comply with Coconino County Zoning Ordinance Section 14.9. The home growing of cannabis by adults aged 21 and older is also allowed.

Coconino County allows only the home cultivation of up to six cannabis plants per qualified adult, but with a maximum of 12 cannabis plants in a household with several qualified adult residents. The county leaves the enforcement of the home cultivation of cannabis to the Arizona Department of Health Services (ADHS). The Department allows holders of the Arizona electronic medical cannabis cards residing over 25 miles from the nearest licensed medical cannabis dispensary to request permission to grow at home a maximum of 12 cannabis plants each.

The ADHS allows medical cannabis home cultivators to grow cannabis outdoors within their home property but requires them to enclose the space with 10-feet-high walls made of solid stone, concrete, or metal, with a one-inch thick locked gate to ensure that cannabis is not seen from the outside and minors and thieves do not have access to it. No cannabis odors must also emanate from the home cultivation space.

A medical cannabis cultivation business in Coconino County must first apply for a nonprofit medical marijuana dispensary license from the online licensing portal of the ADHS in compliance with the State of Arizona’s Adult Use of Marijuana Program or Title 9, Chapter 18 of the Arizona Administrative Code (AAC). The licensee is allowed to cultivate, manufacture, and sell by retail medical cannabis and medical products to Arizona electronic medical cannabis card holders. Licensed medical cannabis cultivation may be done indoors or outdoors provided it is within an enclosed space that is locked.

The license holder must present the state nonprofit medical marijuana dispensary license when applying for the county cultivation permit. In Coconino County, licensed medical cannabis cultivation may be done within the licensed dispensary facility or in one licensed off-site cultivation facility. There are specific zones where a licensed dispensary facility or a licensed off-site cultivation facility is permitted by right or by conditional use only. The type of county permit to be applied for at the online portal will depend on whether the facility will be in a permitted use or conditional use zone. If it will be in a permitted use zone, an application for an administrative permit is required. If it will be in a conditional use zone, an application for a conditional use permit is required. The county also requires other related permits such as for design, lighting, and signage, among others, as part of the process. The required fees must be paid.

All licensed medical cannabis businesses in Coconino County must comply with the following rules:

1. A licensed medical cannabis facility must be more than 500 feet from another licensed medical cannabis facility, school (from preschool to high school), public park, or place of worship.

2. If the licensed medical cannabis facility is within 525 feet of any of the listed spaces above, the Community Development Department director has the option to require that the distance be verified through the submission of a sealed survey done by a registered land surveyor.

3. No odors, vapors, fumes, dust, or hazardous waste must be emitted by the licensed medical cannabis facility into the environment.

4. All medical cannabis waste and byproducts must be kept secure and disposed of properly. They must not be placed in external waste bins.

Is Cannabis Manufacturing Legal in Coconino County?

While Chapters 28.1 and 28.2 of the Arizona Revised Statutes legalized the licensed manufacturing of medical and adult-use cannabis products in the State of Arizona, Coconino County only allows the licensed commercial manufacturing of medical cannabis products, subject to Section 14.9 of its County Zoning Ordinance.

Coconino County also allows the home processing of cannabis products by qualified home cultivators of cannabis, subject to ADHS regulations. This means that all cannabis processing activities must not be seen by the public and an air filtration system is used so that dust, odors, vapors, or fumes do not escape to the outside. Also, home cannabis growers can only use alcohol with a flashpoint below 100 for the processing of their medical cannabis.

To run a licensed medical cannabis manufacturing business in Coconino County, the same process and rules must be followed as for a licensed medical cannabis cultivation business. Licensed medical cannabis manufacturing may also be done within a licensed dispensary facility, in one licensed off-site cultivation facility, or in one licensed off-site infusion facility.

In addition, a licensed medical cannabis manufacturing business needs written authorization and an Arizona Food Establishment license from the ADHS, as well as a food service permit from the Coconino County Health and Human Services Department, to manufacture consumable or edible medical cannabis products.

Is Cannabis Retail Legal in Coconino County?

The State of Arizona legalized licensed medical and adult-use use cannabis retail through the Arizona Revised Statutes Chapters 28.1 and 28.2. However, Coconino County only allows licensed medical cannabis dispensaries that are compliant with the county’s Zoning Ordinance Section 14.9.

To operate a licensed medical cannabis retail business in Coconino County, the same process and rules for licensed medical cannabis cultivation and manufacturing businesses apply.

In addition, licensed dispensary facilities must be in a permanent building measuring not more than 2,500 square feet, with only one entrance. It must be kept secure against unauthorized entry and theft.

Operating hours of licensed dispensaries are limited to 8 a.m. to 8 p.m. They are prohibited from providing a drive-through service and are not allowed to sell by retail in their licensed off-site cultivation or infusion facilities.

ARS Chapter 28.1 Section 36-2806.02 allows licensed medical cannabis dispensaries to sell only to holders of the Arizona electronic medical cannabis card. Each cardholder may be sold only up to 2.5 ounces of medical cannabis every 14 days. Section 36-2801 states that this excludes the weight of any other additives that make up a medical cannabis product. Coconino County allows licensed medical cannabis dispensaries to sell all types of medical cannabis and medical cannabis products they grow and manufacture, including edible medical cannabis products.

ARS Chapter 28.1 Section 36-2806.02 requires licensed medical cannabis dispensaries to check every Arizona electronic medical cannabis card holder’s details on the online ADHS medical marijuana registry verification system before every sale. This will ensure that the cardholder is legitimate and the sale is within the cardholder’s 14-day limit. The licensed dispensary must then enter the details of each sale into the verification system.

Is Cannabis Delivery Legal in Coconino County?

Although the State of Arizona allows the delivery of medical and adult-use cannabis by licensed retailers to qualified purchasers under Chapters 28.1 and 28.2 of the Arizona Revised Statutes, Coconino County only allows medical cannabis delivery by licensed medical cannabis dispensaries to holders of electronic medical marijuana cards in accordance with its County Zoning Ordinance’s Section 14.9.

How to Get a Medical Marijuana Card in Coconino County

Residents of Coconino County may apply for the Arizona electronic medical cannabis card which may be used through a smartphone or printed. Applications are accepted exclusively online through the ADHS Individual Licensing Portal.

A patient must first print the Physician’s Certification Form or the Reviewing Physician Certification Form for patients under the age of 18. The adult patient or the minor patient with a parent or guardian must take the relevant form to a doctor of allopathic, homeopathic, or naturopathic medicine. The doctor will diagnose if the patient has any of the following qualifying medical conditions for the medical cannabis program, and complete and sign the form accordingly:

• Amyotrophic Lateral Sclerosis (ALS)

• Cancer

• Alzheimer's disease agitation

• Hepatitis C

• Human Immunodeficiency Virus (HIV)

• Post Traumatic Stress Disorder

• Acquired Immune Deficiency Syndrome (AIDS)

• Crohn's Disease

• Glaucoma

• Any chronic or debilitating condition or treatment causing one of the following:

  • Seizures

  • Severe and chronic pain

  • Persistent severe muscle spasms

  • Severe nausea

  • Cachexia

The adult patient or the guardian must register on the online portal and upload the scanned certification, the completed and signed Patient Attestation Form or the Parent/Guardian Attestation Form, as well as the other required documents in the adult patient application checklist or the minor patient application checklist. The fee of $150 must also be paid online but can be reduced to $75 upon submission of documentary proof of being a U.S. Department of Agriculture Supplemental Nutrition Assistance Program (SNAP) beneficiary.

Patients may also request to add a caregiver once their application has been approved. An online caregiver application is likewise required.

Five days after the application, the approved electronic medical cannabis card will appear on the portal. It is valid for a year and renewal must be applied for a month before it expires.

Further information may be sought from:

Arizona Department of Health Services

150 North 18th Avenue

Phoenix, Arizona 85007

Phone: (602) 542-1025

How Has Cannabis Legalization Impacted the Economy of Coconino County?

According to the Arizona Department of Revenue (ADOR), Coconino County levies a 6.9% tax rate on retail sales of medical cannabis. In addition, the following municipalities of Coconino County levy the following tax rates on medical cannabis retail sales:

• City Flagstaff: 2.281%

• Town of Fredonia: 4%

• City of Page: 3%

• City of Sedona: 3.5%

• Town of Tusayan: 2%

• City of Williams: 3.5%

The Marijuana Tax Collection data of ADOR shows that the State of Arizona earned total tax revenues from medical cannabis of $24,947,543 in FY 2021 and $60,474,985 in FY 2022.

The Effects of Cannabis Legalization on Crime Rates in Coconino County

Medical cannabis was legalized in 2010 in Coconino County.

Data from the Coconino County Sheriff's Office on the FBI’s Crime Explorer page shows that a year before medical cannabis legalization, in 2009, there were 114 marijuana offense arrests, with 108 for possession and six for manufacturing or sales.

A year after medical cannabis legislation, in 2011, there were 166 marijuana offense arrests, with 162 for possession and four for manufacturing or sales.

In 2012, there were 133 marijuana offense arrests, with 130 for possession and three for manufacturing or sales.

In the latest available data, in 2021, there were no marijuana offense arrests.

The following were the DUI arrests in those years:

• 2009: 125 arrests

• 2011: 124 arrests

• 2012: 171 arrests

• 2021: 86 arrests