MEDICAL MARIJUANA MEASURE ON PHOENIX BALLOT RAISES QUESTIONS

Phoenix Officials Gear Up for Potential Legalized Pot

Phoenix officials are discussing how to deal with a November ballot
measure that would legalize marijuana for medical purposes.

Phoenix has taken no position on the matter, but City Councilwoman
Peggy Neely and Debra Stark of the City Manager's Office are studying
how the measure could be implemented if it passes.

The measure would allow terminally or seriously ill patients to
qualify for medical marijuana with a doctor's approval, permit
qualifying patients or their caregivers to purchase it, and even
allow them to grow it if a registered marijuana clinic is not nearby.
It would also create ID cards and establish penalties for false cards.

Neely has met with neighborhood activists and village
planning-committee members, and she asked the city's planning staff
to review the issue and be prepared to evaluate steps the city should
take if the ballot issue passes.

The review would include laws in 14 other states where medical
marijuana is legal.

City staff has formed a team of representatives from the City
Manager's Office, Planning and Development, and Law departments, to
look at the ballot language and prepare options for regulating the land use.

The recommendation is to restrict clinics to C-3 zoning areas. The
zoning, the highest level of commercial categories, is largely
situated around Deer Valley Airport and the industrial areas of south
Phoenix, but patches of C-3 zoning dot the entire city. Much of it
runs along major roads, including Grand Avenue, Camelback Road and Bell Road.

The staff also suggested restricting greenhouses or growing
facilities to industrial zoning, A-1 and A-2.

Steve Fox of the Medical Marijuana Project, a lobbying and
information group in Washington, D.C., said most laws give general
guidance to cities on zoning restrictions. The Arizona proposal says
cities may employ "reasonable" zoning restrictions. Cities generally
have attempted to keep both dispensaries and growing areas away from
residential districts, Fox said.

Eric Johnson of Mesa, who describes himself as a marijuana activist,
attended one of the meetings.

He said he supports tight restrictions on the growing, selling and
use of medical marijuana, and he hopes to open a dispensary.

"I want to provide a safe environment for people to get their
medicine," he said. "Safe and legal."

He said the clinics should be near hospitals and doctors' offices to
be convenient for patients.

At a meeting of a City Council subcommittee last week, members
brought up numerous concerns, some of them involving public safety.

Councilman Tom Simplot asked about possible associations of
dispensaries with pharmacies and other medical providers.
Councilwoman Neely asked whether cities could restrict the number of clinics.

Neely said she hopes to have a plan to present to the Phoenix
Planning Commission by the end of September or early October.

[sidebar]

MEDICAL MARIJUANA LAWS NATIONWIDE

Fourteen states permit the use of marijuana for medical purposes. The
information comes from the Marijuana Policy Project.

State, date passed, level of support, Required documentation, Quantity limits

[table at http://mapinc.org/url/txUAr7c9 ]