OV COUNCIL AMENDS ZONING CODES FOR POT

Regulations for dispensaries mirror those adopted by Pima County

Oro Valley amended its zoning code last month to restrict medical
marijuana dispensaries to commercial areas of town.

The Town Council voted 6-0 at a special session Oct. 27 to approve
code changes regarding medical marijuana dispensaries in advance of
the Nov. 2 election.

Voters narrowly approved Proposition 203, or the Medical Marijuana
Act, though it took weeks for election results.

Vice Mayor Bill Garner was absent at the October meeting.

The council had the ability to regulate only land use for medical
marijuana dispensaries and cultivation facilities.

State health officials, including the Arizona Department of Health
Services, will adopt and enforce a regulatory system.

The council voted to restrict dispensaries and cultivation sites to C1
and C2 commercial districts, which include areas in Rancho Vistoso,
Rooney Ranch, The El Conquistador/Canada Hills area and Steam Pump
Ranch.

Other regulations adopted by the council:

* Marijuana dispensaries must be located in permanent buildings and
not in trailers, modular buildings, cargo containers or motor vehicles.

* Dispensaries must be at least 1,000 feet from schools, child-care
centers, facilities where children may be enrolled, libraries, public
parks, churches and drug-treatment facilities.

* Drive-through windows are not permitted at dispensaries.

* Dispensaries must be located at least 2,000 feet
apart.

* Hours of operation for dispensaries are limited to 9 a.m. to 5 p.m.

* Dispensaries can only occupy spaces with a maximum floor area of
2,000 square feet.

Council members heard from three Oro Valley residents who were in
favor of medical marijuana dispensaries within town boundaries.

Resident Kimberly Haslett wanted the council to study the issue
further before voting for the regulations.

"I am disappointed," she said. "They should have taken a step back and
taken a breath."

Haslett called the regulations, which mirror those adopted by Pima
County, unreasonable and restrictive.

She's interested in opening a medical marijuana dispensary in Oro
Valley to ease the pain and discomfort of residents suffering from
debilitating medical conditions, she said.

Only "qualifying patients" with specific medical conditions, including
cancer, HIV, AIDS, hepatitis C and Crohn's disease, can obtain
marijuana for medical use.

Resident Diane Manchester, who was diagnosed with multiple sclerosis
in 2001, urged the council to amend its zoning code to allow for
dispensaries.

She told the council she was there to give an idea of who is using
medical marijuana.

Manchester said she suffers from difficulties with cognitive issues,
blurred vision, muscle pain, fatigue and other symptoms. Medical
marijuana gives her the energy to function as a wife and homemaker,
she told the council.