Title
Authorization to Amend Ordinance S-50830 to Grant an Exception to Phoenix City Code Section 42-18(A) for an Agreement with the Arizona Department of Health Services (Ordinance S-52039) - Citywide
Description
Request to authorize the City Manager, or his designee, to allow the Police Department to amend Ordinance S-50830 to grant an exception to the requirements of Phoenix City Code (PCC) Section 42-18(A) per PCC Seciton 42-20(B). On May 1, 2024, City Council approved Ordinance S-50830 allowing the Police Department to enter into an Agreement with the Arizona Department of Health Services (ADHS) to enforce laws regarding marijuana trafficking taking place outside the laws and regulations that govern the Arizona Medical Marijuana Program and the Adult-Use Marijuana Program. The Agreement provides the City with $150,000 per year, not to exceed $750,000, for five years. No matching funds are required. ADHS has requested that the parties adopt an updated format of the Agreement that includes mutual indemnification which would otherwise be prohibited by City Code.
Report
Summary
The Arizona Medical Marijuana Act (AMMA) and the Smart and Safe Arizona Act (SSAA) were passed on November 2, 2010, and November 3, 2020, respectively. These two programs allow for the registration, certification, and regulation of ADHS licensed medical marijuana dispensaries and adult-use marijuana dispensaries.
Funding provided by ADHS will reimburse the Police Department for overtime and related fringe benefits for the enforcement of laws on marijuana sales within the City of Phoenix that fall outside of the AMMA, SSAA, and Arizona Revised Statutes Title 13. These activities include, but are not limited to, unlawful marijuana trafficking taking place by individuals or groups of individuals who distribute marijuana without obtaining proper ADHS licensing and approval.
Concurrence/Previous Council Action
- City Council approved this item on May 1, 2024 (Ordinance S-50830). ADHS has requested that the parties adopt an updated format of the Agreement that includes mutual indemnification.
Contract Term
The contract term remains a five-year term starting from July 1, 2024.
Financial Impact
No matching funds are required.
Department
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.