Yavapai County Cannabis – Is It Legal & Where To Buy 2024
- Arizona Cannabis
- Yavapai County Cannabis
Is Cannabis Cultivation Legal in Yavapai County?
Yes, the cultivation of cannabis is legal in Yavapai County for both medical and recreational adult use in accordance with the Arizona Medical Act and the Responsible Adult Use of Marijuana, Chapters 28.1 and 28.2 of the Arizona Revised Statutes, respectively. Chapter 28.2 is also called the Smart and Safe Arizona Act (SASAA). Yavapai County Medical Marijuana Ordinance or Section 607 of the Yavapai Planning and Zoning Ordinance supports Chapters 28.1 and 28.2.
Home cultivation of cannabis is allowed to a limited degree for adults aged 21 and older, and patients and caregivers authorized by their medical marijuana cards to do so. Adults who are 21 years old and above without medical marijuana cards can cultivate up to six cannabis plants each at home. Even if more than two of them live in the same residence, the maximum number of cannabis plants that they are allowed to grow there is 12. On the other hand, patients and caregivers who are medical marijuana cardholders and live more than 25 miles away from a licensed cannabis dispensary can request that permission for the cultivation of up to 12 plants each be indicated on their medical marijuana card by the ADHS.
Cannabis home cultivation by authorized patients and caregivers can be done outdoors but within an enclosed area, defined by the ADHS as having concrete, stone, or metal walls that are 10 feet high and a metal gate that is one inch thick that can be locked to keep out minors. The cannabis plants must not be seen from the outside. The home cultivator must also ensure that no cannabis odors escape to the outside.
According to Arizona Administrative Code (A.A.C.) Title 9, Chapter 18, or the Adult Use of Marijuana Program, a business is required to apply for any of the following licenses from the Arizona Department of Health Services (ADHS) for the commercial cultivation of cannabis:
With the marijuana establishment license, the holder can either have a facility for recreational cannabis cultivation only or can cultivate, manufacture, and sell recreational cannabis and cannabis products by retail to adults aged 21 and older in a single site.
The licensed nonprofit medical marijuana dispensary can do all of the above but only for medical use and to be sold exclusively to patients and caregivers who are medical marijuana cardholders.
A dual license allows the holder to operate a recreational marijuana establishment and a nonprofit medical marijuana dispensary in one site. The ADHS has an online licensing portal for applications.
In Yavapai County, cannabis cultivation facilities are only allowed in the PM, M1, and M2 zoning districts. All marijuana establishments must comply with the following rules:
The building must be permanent and attached to a foundation on the ground.
Marijuana establishments must be more than 500 feet away from any school, private or public. Dual licensees that were previously licensed as nonprofit medical marijuana dispensaries are exempted from this rule.
Marijuana establishments must be fully secure and keep all cannabis and cannabis products hidden from the public’s sight.
Marijuana establishments must follow all county ordinances including safety, signage, and all types of pollution, such as those from odors, fumes, noise, and light.
All cannabis waste from marijuana establishments must be rendered unusable before proper disposal.
Cannabis or cannabis products are not allowed to be consumed or used on the premises.
Marijuana establishments must not provide the public with outdoor seating areas.
Is Cannabis Manufacturing Legal in Yavapai County?
Yes, the manufacturing of cannabis for medical and recreational adult use is legal in Yavapai County as mandated by Chapters 28.1 and 28.2 of the Arizona Revised Statutes and the Yavapai County Medical Marijuana Ordinance.
Home cultivators are allowed to manufacture the marijuana they grow into products as long as all processing is done indoors in a locked enclosure that also shields the cannabis plants and byproducts from outside view. Home cultivators must also use air filtration and adequate ventilation systems to ensure that no odors, fumes, vapors, or dust are emitted by their cannabis manufacturing process. They can only use alcohol with a flashpoint lower than 100 for processing.
To manufacture cannabis products commercially, the Adult Use of Marijuana Program requires businesses to acquire any of the following licenses from the ADHS:
A marijuana establishment license
A nonprofit medical marijuana dispensary license
A dual license
With a adult-use marijuana establishment license, the holder can either own and operate a recreational cannabis manufacturing facility only or have a single site to do the cultivation, manufacturing, and retail selling of recreational cannabis and cannabis products to adults aged 21 and older. With a nonprofit medical marijuana dispensary, the licensee can do the same but only for medical marijuana to be sold only to medical marijuana cardholding patients and caregivers. With a dual license, the licensee can do both.
In Yavapai County, recreational marijuana manufacturing operations are permitted only in the PM, M1, and M2 zoning districts. recreational marijuana licensees must abide by all aforementioned rules covering recreational marijuana establishments. In addition, licensed recreational manufacturers must comply with the requirements of Chapters 28.1 and 28.2 of the Arizona Revised Statutes on safe cannabis extraction.
To manufacture food products infused with recreational cannabis, though, a licensed manufacturer must first apply for a separate Arizona Food Establishment license and get written authorization from the ADHS.
Is Cannabis Retail Legal in Yavapai County?
Yes, selling medical and recreational cannabis by retail is legal in Yavapai County as stipulated by the Arizona Revised Statutes’ Chapters 28.1 and 28.2 and the Medical Marijuana Ordinance of the county.
Businesses are required by the Adult Use of Marijuana Program to first be granted one of the following by the ADHS before legally selling cannabis by retail:
A marijuana establishment license
A nonprofit medical marijuana dispensary license
A dual license
The recreational marijuana establishment license enables the licensee to own and operate a facility where cannabis for recreational adult use is cultivated, manufactured, and sold by retail to adults aged 21 and older. A nonprofit medical marijuana dispensary license authorizes the operation of a single facility where medical cannabis can be grown, processed, and sold by retail to medical marijuana cardholding patients and caregivers only. A dual license authorizes the licensee to operate both.
In Yavapai County, recreational cannabis retail shops of marijuana establishments can only be set up in the C1, C2, C3, PM, M1, and M2 zoning districts. License holders must comply with all previously stated recreational medical marijuana establishment rules. Additionally, before selling cannabis, recreational marijuana establishments, nonprofit medical marijuana dispensaries, and dual licensees need written authorization and the Arizona Food Establishment license from the ADHS. They must also abide by any relevant food-serving regulations of Yavapai County.
Licensed adult-use marijuana establishments, nonprofit medical marijuana dispensaries, and dual licensees are allowed to sell to medical marijuana cardholding patients and caregivers and adults aged 21 and older all types of medical cannabis and cannabis products like tinctures, oils, cannabis-infused food, and cannabis-infused beverages, among others.
The purchase limit for adults aged 21 and older who are not medical cannabis cardholders is one ounce of marijuana, of which only a maximum of five grams can be in concentrate form. This is also their possession limit. Medical marijuana cardholders can purchase a total of 2.5 ounces every 14 days.
Is Cannabis Delivery Legal in Yavapai County?
Yes, delivering medical and recreational cannabis purchased by medical marijuana cardholders and adults aged 21 and older from licensed marijuana establishments and nonprofit medical marijuana dispensaries is legal in Yavapai County according to Chapters 28.1 and 28.2 of Arizona State’s Revised Statutes and the county’s Medical Marijuana Ordinance.
How to Get a Medical Marijuana Card in Yavapai County
Since 2019, only electronic medical marijuana cards have been issued in the State of Arizona. Registered patients and caregivers who do not use a smartphone may download and print their medical marijuana card and use this instead.
The ADHS only accepts online applications for medical marijuana cards at the ADHS Individual Licensing Portal. The patient must first be diagnosed by an Arizona-licensed Doctor of Allopathic Medicine, Doctor of Homeopathic Medicine, or Doctor of Naturopathic Medicine to have any of the following qualifying medical conditions:
Cancer
Hepatitis C
Post Traumatic Stress Disorder
Glaucoma
Crohn's Disease
Acquired Immune Deficiency Syndrome (AIDS)
Human Immunodeficiency Virus (HIV)
Alzheimer's disease agitation
Amyotrophic Lateral Sclerosis (ALS)
Any debilitating or chronic illness or treatment causing any of the following:
Severe and chronic pain
Cachexia
Severe nausea
Persistent severe muscle spasms
Seizures
After making the diagnosis, the doctor must fill out and sign the official Physician’s Certification form. This must be scanned by the patient along with other requirements indicated on the portal. The $150 fee must be paid. This can be lowered to $75 if the patient submits proof of being a beneficiary of the U.S. Department of Agriculture Supplemental Nutrition Assistance Program (SNAP), such as the scanned copy of an electronic benefits transfer card or eligibility notice.
A patient must designate a caregiver in the online registration if needed. Once the patient has been approved, then the caregiver can apply online.
The approved electronic medical marijuana card will be provided on the portal after five days. It must be renewed not less than one month before its one-year expiration period ends.
Medical marijuana cardholders who are aged 21 and older may choose not to renew their medical marijuana cards if they prefer to purchase cannabis without it.
Inquiries may be directed to the following:
Arizona Department of Health Services
150 North 18th Avenue
Phoenix, Arizona 85007
Phone: (602) 542-1025
How Has Cannabis Legalization Impacted the Economy of Yavapai County?
The Arizona Department of Revenue (ADOR) states that Arizona imposes a 16% marijuana excise tax (MET) on recreational marijuana. In addition, both medical marijuana and recreational marijuana are subject to a retail transaction privilege tax (TPT) to be paid to the state and the county and city where they are sold.
Data from ADOR shows that from January 2021 to December 2022 alone, the State of Arizona collected almost 465 million in combined TPT and MET revenue. Of these, about $19 million were collected by Arizona counties and about $21 million were from the counties’ revenue sharing. This shows that counties, including Yavapai County, are earning and benefitting from the legalization of both medical marijuana and recreational marijuana.
The Effects of Cannabis Legalization on Crime Rates in Yavapai County
Medical cannabis was legalized in Arizona in 2010 while recreational marijuana was legalized in 2020.
According to data from the Yavapai County Sheriff's Office on the FBI’s Crime Data Explorer page, in 2009, there were 611 arrests related to marijuana offenses, of which 566 were for marijuana possession, and 45 were for marijuana manufacturing or sales. In 2021, this decreased to 24 arrests related to marijuana offenses, of which five were for marijuana possession, and 19 were for marijuana manufacturing or sales.
There were 368 DUI arrests in 2009. This decreased to 170 DUI arrests in 2021.
