PEORIA DRAFTS POLICY ON MEDICAL MARIJUANA DISPENSARIES

Don't expect home delivery service of medical marijuana in
Peoria.

With the passage of Proposition 203 legalizing marijuana for medical
use, Peoria officials have prepared a draft policy in anticipation of
requests to open a dispensary or a cultivation facility.

The proposed ordinance places some guidelines and restrictions for
operators and cultivators, including requirements to apply for a
special city permit and maintain a specific distance from such places
as schools, day care facilities and homes.

State law has some provisions under the legalization law but cities
can draft more specific regulations. City officials said they looked
at a model ordinance prepared by the League of Arizona Cities and
Towns and tried to learn from other states that have legalized medical
marijuana.

The ordinance is set to go before the City Council for preliminary
discussion Dec. 7, followed by a Planning and Zoning Commission
hearing Dec. 16. The City Council is slated to vote on the ordinance
Jan. 18. All meetings are open to the public but public comment will
be allowed only at the planning commission meeting and January council
meeting.

Laura Oxley, Arizona Department of Health Services spokeswoman, said
the agency expects to start reviewing applications from people who
want to operate a dispensary or use medical marijuana by April. Cities
should have ordinances in place by then if they want a say about
facilities in their communities, she said.

Under state law, no more than 124 dispensaries can open across
Arizona. At least one has to open in each county.

Peoria City Attorney Steve Kemp said he expects the city to get three
to four dispensaries. While state law allows medical-marijuana
cardholders to grow their own pot if they are not within 25 miles of a
dispensary, he doesn't expect that situation to arise in Peoria.

"I would be surprised if in Peoria anyone would be more than 25 miles
from a dispensary," he said.

Peoria's proposed ordinance allows dispensaries to locate in
commercial-zoned areas while cultivation facilities could be located
in areas zoned industrial. For both, a special permit would be
required, similar to what's needed to open a bar.

Kemp said state law already places some prohibitions such as no
"drive-through" dispensaries and at least a 500-foot separation from
schools. Peoria is adding to the restriction, specifying that
dispensaries be placed 1,000 feet from schools, day-care facilities,
liquor stores and bars and at least 200 feet from homes.

Cultivation facilities would not be allowed to advertise dispensaries
or sell the drug.

City officials said they have drawn from other states' experience with
medical marijuana, including California and Colorado.

In California, parking appeared to have been a major issue at the
facilities, so Peoria's permit process would ensure there is enough
parking.

Kemp said neighboring businesses in other states have complained the
pot next door smells.

Peoria will address that by checking that there is adequate
ventilation and air filtration, Chris Jacques, the city's planning
manager, said.

Ken Strobeck, executive director of the League of Arizona Cities and
Towns, said municipal officials have a lot of questions about how to
handle medical-marijuana facilities.

"Certainly there are a lot more questions about further
implementation, but there is enough time for cities to have their
local ordinances in place," Strobeck said.

Peoria Mayor Bob Barrett, who is philosophically opposed to medical
marijuana, said he has "a lot of concerns" about the location and
number of facilities that might open.