Pubdate: Sat, 15 Jan 2011
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2011 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://mapinc.org/topic/Dispensaries

GILBERT SETS RULES FOR MEDICAL MARIJUANA LOCATIONS, HOURS

As area entrepreneurs prepare to capitalize on a voter-approved 
initiative legalizing medical marijuana, the Gilbert Town Council 
approved regulations on where, when and how the pot-based businesses 
can operate.

Dispensaries and cultivation sites will only be allowed within 
industrial zoning districts in northwest Gilbert near Morrison Ranch 
and near Gilbert Road and the Santan Freeway.

The businesses must be 1,320 feet apart from each other, 1,000 feet 
from parks, churches and schools, and 500 feet away from residential areas.

The new ordinance, approved 7-0 Thursday, also dictates 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, Gilbert senior planner Mike Milillo said. The law 
allows one dispensary for every 10 pharmacies, and Gilbert has about 
50 pharmacies, he said.

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.

Town code also prohibits the dispensaries from making home deliveries 
or offering a drive-through window.

Cultivation and storage can only occur in a closed, locked building, 
and each business must submit security plan details to the town.

Council members Jenn Daniels and Linda Abbott expressed a desire to 
be conservative with marijuana regulations as the state "settles in" 
with the new law.

"I don't want to be known as the distribution point for medical 
marijuana," Abbott said at Monday's study session. "That's not my 
idea of economic development."

On Thursday, two residents came to speak in favor of medical 
marijuana and asked the council for looser restrictions.

The medical use of marijuana could benefit about 13,000 people 
diagnosed with cancer in Maricopa County every year, resident Robin 
Schroeder said.

"Please remember these patients as you discuss this ordinance," she 
said. "I believe that cannabis is a safe, natural alternative to 
synthetic pharmaceuticals."

But resident Michael Mason said he fears legalization for medical use.

"I moved to Gilbert because there are no strip clubs, not a lot of 
pawn shops - it was a good community," Mason said. "I just fear that 
it would bring the value of my home down or it might give the wrong 
impressions to my children."

With the narrow passage of Proposition 203 last year, 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 state 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. Milillo said the town is not able to collect sales 
tax on medical marijuana sales, but the state Legislature may change 
that in this session.
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MAP posted-by: Jay Bergstrom