Pubdate: Thu, 02 Dec 2010 Source: Arizona Daily Sun (AZ) Copyright: 2010 Arizona Daily Sun Contact: http://news.azdailysun.com/opinion/letter_submit.cfm Website: http://www.azdailysun.com/ Details: http://www.mapinc.org/media/1906 MEDICAL MARIJUANA DISPENSARIES DESERVE REASONABLE ZONING When does a city's use of zoning to protect public health and safety overreach into meddling in private business practices? Answer: When the proposed zoning code for a medical marijuana dispensary exceeds even the cautious standards set up by proponents and approved by voters. The medical pot initiative -- Prop. 203 -- passed by a narrow margin statewide but by 18 points in Flagstaff. It essentially seeks to treat marijuana as a prescription drug -- but without a doctor's formal prescription or a licensed pharmacy. Instead, doctors will issue recommendations (an actual prescription apparently would jeopardize their license to practice medicine because of federal marijuana laws) and private businesses will sell the pot out of storefronts under regulations still to be issued by the state Department of Health. Drafters of Prop. 203 included a few rules of their own, including no more than 2 1/2 ounces per patient every two weeks and a 500-foot minimum distance between dispensaries and schools. They pegged the number of dispensaries to a percentage of local pharmacies, meaning Flagstaff is in line for a total of three dispensaries. But Flagstaff planning staff had their own ideas about what voters should have approved. They proposed a doubling of the distance from schools, and added churches, parks and libraries to that 1,000-foot buffer zone. As for drug treatment centers, they made the buffer 2,000 feet. They also limited the size of a dispensary to 2,500 square feet and set the hours of operation from 9 a.m. to 5 p.m. As a result, out of thousands of commercially zoned properties inside the city limits, only 118 areas would be viable as medical marijuana dispensaries under the staff proposal. City staff defended the recommendations, saying dispensaries in other states had led to more DUI arrests related to marijuana purchases, burglaries at dispensaries, mugging of patrons and a decline in retail sales at adjacent businesses. That might be true in states like Colorado, which has a very lenient medical pot law that has led to high-volume dispensaries on nearly every corner in cities like Boulder. But the Arizona law restricts medical marijuana use to a few specific conditions that must be diagnosed by a physician, meaning there's likely to be a lot more foot traffic at the Walgreen's pharmacy right across from Coconino High School than any one of the three marijuana dispensaries in town. Our concern is not just with this case but with what appears to be a consistent impulse by city staff to tell someone how to run a business that goes way beyond public health and safety. We last encountered this proclivity in the case of the proposed new Greyhound bus station in Flagstaff, which city staff and planners wanted to be open 24/7 so that late-night travelers would not be left standing out in the cold. This despite the fact the city doesn't require all-night operations of the airport or Amtrak station, even though both are in city-owned buildings. Greyhound is appealing to the full city council. Then there is the infamous case of the proposed Wal-Mart Supercenter, which ran afoul of the city council's new law in 1994 forbidding big discount retailers from running a supermarket under the same roof. Voters overturned the ordinance. The current council appears to be more sensitive to unnecessary meddling by city staff, at least when it comes to medical marijuana. They have told city staff to come back with a much less restrictive zoning amendment. When and if the three dispensaries do open, the rules can always be tightened up if there is trouble. Until then, our advice to city staff would be to give any business applicant the benefit of the doubt on operating rules -- it's tough enough to get a financial foothold in this town without City Hall stacking the deck before they even open the doors. - --- MAP posted-by: Jo-D