Medical Marijuana Dispensaries Near Preschools In Arizona? Court of Appeals Says Yes

The Arizona Court of Appeals decided recently that medical marijuana dispensaries can operate close to preschools.

This decision stems from a legal challenge against the Arizona Department of Health Services (ADHS) regarding the state's medical marijuana law, specifically the 500-foot buffer zone requirement concerning schools, AZ Mirror reported.

See Also: Drivers Cannot Be Penalized For Cannabis Use If They’re Not Impaired, Arizona Court Rules

The case involved 3SL Family, LLC, which applied for a dispensary license in Ahwatukee in 2016. After the ADHS awarded the license to a competitor located near two preschools, 3SL argued that this placement violated the Arizona Medical Marijuana Act (AMMA).

Approved by voters in 2010, the AMMA legalized medical marijuana in the state and set strict rules about the proximity of dispensaries to "public or private schools."

Distinction Between Schools And Preschools

In the majority opinion, Chief Judge David Gass stated: "Because statutes mean what they say, we conclude the two phrases do not have the same meaning and the two preschools at issue here are not ‘a public or private school' under the Act." The court recognized that Arizona law typically sees schools as institutions for school-aged children, effectively separating them from the preschool demographic.

Judge Andrew Jacobs, dissenting, argued that the AMMA’s language clearly categorizes preschools as schools. He said: "It would make no sense for the same drafting hand to separate preschoolers, grade schoolers, and high schoolers from marijuana in (one law) — only to allow the placement of dispensaries next to preschoolers in (another law) while separating them only from older schoolchildren."

Implications For The Medical Marijuana Industry

This ruling could lead to increased accessibility for patients and greater competition among dispensaries in Arizona. However, it raises valid concerns about the proximity of marijuana businesses to young children. Judge Jacobs pointed out that allowing dispensaries near preschools might expose very young children to marijuana.

"Separating schoolchildren from medical marijuana growing, sale, and use is one means the voters chose to protect marijuana growers, sellers, and users from prosecution," Jacobs said.

Continuing Legal Battles Ahead

For 3SL Family, LLC, this ruling isn't the end of the legal journey. Attorney Jesse Callahan confirmed that an appeal to the Arizona Supreme Court will be forthcoming. "We believe that the language of the law clearly protects all schoolchildren, including those in preschool."

This ruling comes at a time when Arizona’s medical marijuana market is experiencing significant shifts. After the legalization of recreational marijuana sales in January 2021, the number of qualifying medical marijuana patients in Arizona dropped from nearly 300,000 to under 95,000 by July 2024. This decline has put pressure on the state’s medical marijuana industry, which thrived in its early years.

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