GILBERT OFFICIALS SET TO TACKLE MEDICAL-MARIJUANA PLANS

Even as officials continue to count ballots in a close vote on the
state medical marijuana proposition, Gilbert is working to put
restrictions in place before the law can go into effect.

Should the proposition pass, no dispensaries could open until rules
are made by the Department of Health Services. But the town is
working quickly to stay ahead of the curve in preparing for medical
marijuana use.

"This is one of the issues that came up in California, because some
communities in California were not proactive in getting land-use
regulations out there," zoning administrator Mike Millilo. "And so
the facilities popped up everywhere."

If Proposition 203 passes, 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 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.

The vote remained neck-and-neck going into the weekend, but the no
votes had a lead of about half a percentage point. With all precincts
reporting, there were 665,300 votes against and 658,389 votes for the
proposition, according to unofficial results.

But as of Wednesday, there were still 290,000 ballots remaining to be
counted. State law gives counties until Friday to process those early
and provisional ballots. Official election results are expected to be
certified by Nov. 29.

A recount would be required if the margin is less than or equal to
either 200 votes or 0.1 percent of the total votes cast for each proposition.

Gilbert officials aren't taking anything for granted, however, and
the Planning Commission on Wednesday reviewed proposed regulations on
where marijuana could be grown, purchased and used.

The proposed code amendment would allow for marijuana dispensaries
and cultivation sites within industrial zoning districts. 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-style site, zoning administrator Mike Millilo said.

The dispensaries and cultivation sites would not be permitted within
1,000 feet of a day-care center, school, public park or place of
worship. Smoking would be prohibited at dispensaries.

Proposed restrictions would also dictate 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, Millilo said. The law allows one dispensary for
every 10 pharmacies, and Gilbert has about 50 pharmacies, he said.

The Planning Commission directed town officials to formally initiate
the process to add the marijuana restrictions to the land development
code. The proposed regulations could come back to the commission for
approval on Dec. 1 and would then go before the Town Council on Jan. 13.