Jonathan Udell, marijuana attorney at Rose Law Group, takes issue with Peoria ordinance making it illegal to smoke, consume marijuana

By Philip Haldiman | Peoria Independent

Now that recreational marijuana is poised to become legal in Arizona, Valley cities will begin amending their ordinances to become compliant with the new law.

Peoria is among the first to begin regulating how the new industry will look within the city.

The Peoria City Council approved an ordinance Nov. 10 prohibiting smoking and possessing recreational marijuana on property occupied, owned, controlled or operated by the city.

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Prop. 207 does not give localities the right to enact any and all “reasonable regulations” as Peoria claims. It only allows localities to regulate marijuana businesses in certain specified fashions, and it generally prohibits localities from enacting ordinances that either restrict any conduct that Prop. 207 allows or impose additional penalties for conduct that Prop. 207 prohibits. Although Prop. 207 bans public smoking, it does not prohibit public consumption in the form of eating edibles or vaping. Peoria’s ordinance could become the subject of a successful legal challenge.

Jonathan Udell, Rose Law Group Cannabis Attorney

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