The Arizona Court of Appeals has made a controversial ruling that could impact the state’s medical marijuana industry. The court has decided that medical marijuana dispensaries are allowed to operate within close proximity to preschools, overturning the state’s 500-foot buffer zone requirement. This decision stems from a legal challenge by 3SL Family, LLC, who were denied a dispensary license in Ahwatukee due to its location near two preschools.
The court’s majority opinion, written by Chief Judge David Gass, argued that the Arizona Medical Marijuana Act (AMMA) differentiates between ‘schools’ and ‘preschools’, concluding that the two terms do not have the same meaning. This distinction, the court reasoned, means that preschools are not considered ‘schools’ under the AMMA, allowing dispensaries to operate nearby.
However, Judge Andrew Jacobs dissented, stating that the AMMA’s language clearly categorizes preschools as schools. He voiced concerns about the potential exposure of young children to marijuana, emphasizing that the AMMA’s purpose is to protect both marijuana users and the general public.
This ruling has significant implications for the medical marijuana industry in Arizona. It could lead to increased accessibility for patients and greater competition among dispensaries. However, it also raises concerns about the potential impact on young children, given their proximity to marijuana businesses.
3SL Family, LLC has stated that they will appeal the decision to the Arizona Supreme Court, arguing that the language of the AMMA clearly protects all schoolchildren, including those in preschool.
This controversy comes at a time when Arizona’s medical marijuana market is facing challenges due to the legalization of recreational marijuana sales. The number of qualifying medical marijuana patients has significantly decreased since 2021, putting pressure on the industry. This ruling could have further ramifications for the future of the medical marijuana industry in Arizona, potentially impacting its growth and accessibility.
