Appellate Court Affirms Medical Marijuana Variance in Phoenix

By:  Patrick J. Paul

On May 2, 2019, the Arizona Court of Appeals in a memorandum decision, upheld a superior court judgment affirming a variance granted by the City of Phoenix Board of Adjustment (Board) to allow the operation of a medical marijuana dispensary in North Phoenix.  Dreem Green Inc. v. City of Phoenix, 2019 WL 1959618.

In Arizona, the Arizona Department of Health Services (DHS) is authorized to allocate medical marijuana dispensary registration certificates via population-based geographic areas individually  referred to as a Community Health Analysis Area or “CHAA.”  In this instance DHS granted a medical marijuana registration certificate to prospective facility operators for the North Mountain  CHAA, and those certificate holders sought to open a dispensary near Dunlap Ave and Interstate 17 in Phoenix on property zoned C2. … Read More »

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