ARIZ. CITIES CREATE MEDICAL MARIJUANA LAWS

At least four Arizona cities have passed ordinances regulating the
zoning requirements of medical marijuana dispensaries, and other
cities are following suit.

The Arizona Medical Marijuana Act, passed as Proposition 203 by
Arizona voters in November, allows towns to establish "reasonable
regulations" in regard to the placement and operation of dispensaries
and cultivators.

Some cities, like Phoenix, will be adopting ordinances in the next
few weeks. Tempe is expected to release a proposal of its ordinance
this week, before its Development Review Commission Hearing on Dec. 14.

The medical marijuana law states the Arizona Department of Health
Services, the agency in charge of licensing dispensaries and
implementing the law, has 120 days from the time the election was
certified on Nov. 29 to come up with rules and regulations for the
law's application.

ADHS plans to begin accepting applications for dispensary licenses
and medical marijuana prescriptions in April 2011.

The Arizona League of Cities and Towns, an organization for Arizona
municipalities, created a draft ordinance in early October to help
cities create their own restrictions, said the group's executive
director, Ken Strobeck.

"The role of the league is to help the cities and towns with
consistency [in policy]," Strobeck said. "It's a complicated topic,
so it's important to have a consensus. We wanted to construct a
framework for how they construct their ordinance."

The model leaves blanks for cities and towns to specify what distance
dispensaries can be from schools, other dispensaries and churches, as
well as the square footage of the shops, among other factors.

Phoenix's planning commission will consider the proposed ordinance on
Wednesday. It will then go to the city council for approval on Dec.
15, said Debra Stark, the director of the city's planning and
development services.

"We worked with the League of Cities and Towns, but Phoenix is the
one that actually drafted it," Stark said.

Phoenix's ordinance would categorize the medical marijuana
dispensaries into three types: grow facilities, which will be located
in agricultural or industrial zones; infusion facilities that
incorporate marijuana into food, which be located in industrial
districts; and the actual dispensaries or sellers, which would be in
commercial areas.

Oro Valley, Tucson, Marana and Globe have all passed ordinances, some
as early as October.

Frank Cassidy, attorney for the town of Marana, located between Casa
Grande and Tucson, said the town's ordinance was passed on Oct. 19 so
they would be ready if the law passed.

"We wanted to make sure it would go into effect at the same time as
the medical marijuana law," Cassidy said. "We didn't want the law to
go into effect first and then have some delay before the effect of
our ordinance."

Marana has a 30-day delay between the passage of an ordinance and its
implementation.

Cassidy said Marana had modeled its ordinance after one passed by
Pima County, which includes Tucson, Marana, Sahuarita and Oro Valley.

"Ours is going to mirror Pima County word for word," said Mary Davis,
spokeswoman for Oro Valley.

The medical marijuana law states that in order to become a licensed
dispensary, grower or infuser of medical marijuana, the applicant
must comply with the zoning standards of the city or town he or she
will be located in.

If the law had gone into effect before a city or town's ordinance was
in place, the Arizona Department of Health Services, could possibly
approve dispensaries where the city or town had not wanted them, said
Rodney Campbell, a spokesperson for the town of Marana.

"We knew there was a possibility that voters would pass it, and we
didn't want to get stuck flat-footed," Campbell said. "Dispensaries
could gain a foothold in those communities, and at that point you're
playing catch-up."

Mitchell Love, CEO of North Valley Herbal Health Center Inc., a
potential marijuana dispensary, wants to open his own medical
marijuana dispensary in the north Valley. Love said he approves of
cities and towns regulating their location.

"As long as it's not getting overregulated to the point where they
have to travel to the seedier areas of town in order to fill their
prescriptions, I have no problem with cities regulating it," Love
said. "I have no problem with the distances from schools or churches,
but my biggest concern is being able to put together [a dispensary]
application with the best chances of being approved."

A 21-year sufferer of Crohn's disease, Love said he hopes his company
can be an advocate in the community for patients in need.

"My interest is more than the business opportunity with this," he
said. "It's something that affects me personally, and I really want
to keep our business above board and cater to the people who are
using [medical marijuana] for the right reasons."