Pubdate: Sun, 24 Jul 2011 Source: White Mountain Independent, The (AZ) Copyright: 2011 White Mountain Independent Contact: http://www.wmicentral.com Details: http://www.mapinc.org/media/4808 Author: Karen Warnick P&Z OKS POT SHOP SPRINGERVILLE - The planning and zoning department approved a conditional use permit for a medical marijuana dispensary at 24 W. Main Street. The business will be built on leased property. Even though the permit was issued, it's not clear at this time when or if a dispensary will open at that location. Governor Brewer asked the Attorney General to file a suit asking for a judgment from a federal court regarding the legality of Arizona's Medical Marijuana Act. Because of this action by the Governor and the "overall uncertainty about the legality of the Act itself," the Department of Health Services won't be accepting applications or processing applications. Their website states, "Whether we accept and process dispensary applications at a later date will depend on the outcome of legal action." The rules and requirements for opening and operating a dispensary are long and involved and it's not certain at this time whether the business that received a permit from Springerville already has a certification and whether they can proceed. According to the AZDHS website: "To obtain a dispensary registration certificate, a person would apply for one of the limited number of dispensary registration certificates with an address for the proposed dispensary that is at a location that complies with local zoning requirements. The applicant would also have to show that the location meets local zoning requirements. Only those that successfully obtain a dispensary registration certificate would be required to demonstrate that the dispensary complies with all dispensary requirements including obtaining whatever approvals are required by the local jurisdiction before submitting a request to the Department for an approval to operate the dispensary. Before the Department issues an approval to operate the dispensary, the Department will conduct an on-site inspection to ensure that the dispensary complies with all applicable requirements." According to the Medical Marijuana Act, the State was divided into CHAAs - Community Health Analysis Areas. The Eagar CHAA includes Springerville and Eagar up to Highway 60. Only one dispensary can be put in the Eagar CHAA, but permits can be issued for more. Medical marijuana cards are being issued for patients and it appears that they will be allowed to grow their own marijuana until a dispensary opens within 25 miles of where they live. AZDHS website states: "Since no dispensaries will be operating when the first qualifying patients obtain a registry identification card, all qualifying patients will be approved to cultivate if they request approval to cultivate." Registry cards for patients are issued 10 working days after a complete application is received and only if the patient requests to grown their own. - --- MAP posted-by: Matt