Pubdate: Sat, 6 Nov 2010
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2010 The Arizona Republic
Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Author: Parker Leavitt
Bookmark: http://www.mapinc.org/find?273 (Proposition 203)

GILBERT OFFICIALS SET TO TACKLE MEDICAL-MARIJUANA PLANS

Even as officials continue to count ballots in a close vote on the 
state medical marijuana proposition, Gilbert is working to put 
restrictions in place before the law can go into effect.

Should the proposition pass, no dispensaries could open until rules 
are made by the Department of Health Services. But the town is 
working quickly to stay ahead of the curve in preparing for medical 
marijuana use.

"This is one of the issues that came up in California, because some 
communities in California were not proactive in getting land-use 
regulations out there," zoning administrator Mike Millilo. "And so 
the facilities popped up everywhere."

If Proposition 203 passes, Arizonans can get permission from a doctor 
to use marijuana for medical purposes, including treatment for 
cancer, chronic pain, severe nausea, seizures and other conditions.

Before patients can purchase and use the drug, they must register 
with the Department of Health Services and submit a written statement 
from a physician "that the patient is likely to receive therapeutic 
or symptom-relieving benefits," according to the state's election pamphlet.

The vote remained neck-and-neck going into the weekend, but the no 
votes had a lead of about half a percentage point. With all precincts 
reporting, there were 665,300 votes against and 658,389 votes for the 
proposition, according to unofficial results.

But as of Wednesday, there were still 290,000 ballots remaining to be 
counted. State law gives counties until Friday to process those early 
and provisional ballots. Official election results are expected to be 
certified by Nov. 29.

A recount would be required if the margin is less than or equal to 
either 200 votes or 0.1 percent of the total votes cast for each proposition.

Gilbert officials aren't taking anything for granted, however, and 
the Planning Commission on Wednesday reviewed proposed regulations on 
where marijuana could be grown, purchased and used.

The proposed code amendment would allow for marijuana dispensaries 
and cultivation sites within industrial zoning districts. The 
facilities would only be allowed in permanent buildings, could not 
sell other merchandise and must be approved by the state.

Cultivation could only take place inside a closed, locked building 
and not on a farm-style site, zoning administrator Mike Millilo said.

The dispensaries and cultivation sites would not be permitted within 
1,000 feet of a day-care center, school, public park or place of 
worship. Smoking would be prohibited at dispensaries.

Proposed restrictions would also dictate the facilities' hours of 
operation, which could not be earlier than 8 a.m. nor later than 6 p.m.

Under the new law, Gilbert could have at most five dispensaries 
within town limits, Millilo said. The law allows one dispensary for 
every 10 pharmacies, and Gilbert has about 50 pharmacies, he said.

The Planning Commission directed town officials to formally initiate 
the process to add the marijuana restrictions to the land development 
code. The proposed regulations could come back to the commission for 
approval on Dec. 1 and would then go before the Town Council on Jan. 13. 
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MAP posted-by: Richard Lake