Pubdate: Sat, 04 Aug 2012
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2012 The Arizona Republic
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Author: Parker Leavitt

6 MEDICAL-MARIJUANA APPLICANTS IN GILBERT AWAIT LOTTERY

Gilbert has almost 900 approved patients

With the drop of two ping-pong balls just before noon Tuesday, six
potential medical-marijuana dispensaries in Gilbert will learn if they
were selected in a lottery for licenses to grow and sell pot to nearly
30,000 qualified patients in Arizona.

There are nearly 900 patients approved for marijuana use in Gilbert,
and the town's eastern half has one of the highest concentrations of
users in the state, according to a report from the Arizona Department
of Health Services.

Arizona's voter-initiated medical-marijuana program has been in effect
for more than a year, but the state has long withheld approval of the
dispensaries over legal concerns.

The state finally released operating rules for dispensaries in April
and began accepting applications in May. Next week's lottery is the
next step in implementing the program.

Last week, 13 Arizona county attorneys signed a letter urging Gov. Jan
Brewer to halt the program, saying state employees will be
facilitating federal crimes if they issue licenses to
dispensaries.

Brewer said she shares the county attorneys' concerns but is bound to
implement the program because voters approved it.

If the state proceeds as planned with the lottery, Gilbert would have
at most two dispensaries operating within town limits. Officials have
divided the state into 126 districts and will issue one license in
each district.

Gilbert is divided in two districts, with the town's western and
eastern halves roughly split by Lindsay Road. The state has received
four dispensary applications for the western half and two for the
eastern half, according to a DHS report.

Several public officials in Gilbert have expressed opposition to the
medical-marijuana program, and the town has placed limits on how and
where the dispensaries can operate.

"Despite my personal preference, it appears that dispensaries may be a
part of Arizona's future," Councilman Ben Cooper said Thursday. "We
will ensure that those that come to Gilbert are in appropriate areas
of town and that they have adequate safety measures in place before
they open."

Dispensaries and cultivation sites in Gilbert will be allowed only
within industrial zoning districts, and 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 facilities'
hours of operation cannot be earlier than 8 a.m. nor later than 6 p.m.

Dispensaries in Gilbert are allowed only in permanent buildings and
cannot sell other merchandise, according to town code.

The dispensaries are also prohibited from making home deliveries or
offering a drive-through window.

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

Since the medical-marijuana program was approved by voters in November
2010, the Gilbert Planning Commission and Town Council have reviewed
at least three permits for potential dispensaries.

One application, for a D.R.H. Enterprises dispensary near Elliot and
McQueen roads, has been approved for a permit, while council denied
two others because of residents' concerns over nearby parks.

Statewide, nearly 30,000 patients are qualified to use medical
marijuana, with men outnumbering women nearly three to one, according
to a DHS report.

Patients can cite a variety of medical conditions when applying for
permission to use marijuana, and about nine in 10 reported "chronic
pain" among their conditions, according to DHS. About 13 percent
reported having muscle spasms, and 4 percent said they have cancer,
the report said.

While the public is not invited to attend Tuesday's lottery, a live
stream will be available at azdhs.gov/medical marijuana.

The state will use a certified public accountant and three machines to
randomly select pingpong balls assigned to each dispensary applicant.
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MAP posted-by: Matt