Arizona Court Clears the Air on Dispensary Locations—But Will SB1105 Snuff It Out?

In October 2024, the Arizona Court of Appeals rolled up a bold decision, ruling that medical marijuana dispensaries can legally sprout up near preschools. The court’s ruling was rooted in the voter-approved Arizona Medical Marijuana Act (AMMA), which makes a clear distinction between “schools” and “preschools.”

This decision upheld a 2016 dispensary license that lit up a heated legal battle. That year, 3SL Family, LLC threw its hat into the ring, vying for a highly coveted dispensary location in Ahwatukee. But when the Arizona Department of Health Services (ADHS) awarded the golden ticket to a rival dispensary planning to set up shop right next to two preschools, 3SL wasn’t about to just let that go. The company sued, arguing that the location violated the AMMA’s 500-foot buffer zone, which was meant to keep dispensaries at a safe distance from schools.

Now, here’s where the plot thickens —just three months later, a new bill, SB1105, blazes onto the scene. Titled “Medical Marijuana Dispensaries; Location,” and sponsored by Senator Bolick (LD2) this proposal aims to tighten restrictions by explicitly including childcare facilities and preschools in the dispensary buffer zone rules.
Coincidence? Maybe. But it definitely sparks some curiosity. Did the court’s ruling accidentally open the floodgates, or was this just a happy little accident? Now, SB1105 is moving its way through the legislature, and it’s gaining traction as it just passed the Senate Education committee on Wednesday.

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