ARIZONA LAW MAY ALLOW MARIJUANA IN SOME PARKS

A loophole in the state's new medical-marijuana law could open
thousands of neighborhood parks, playgrounds, greenbelts and
artificial lakes to resident joint smokers, legal experts say.

The law approved by Arizona voters in November prohibits marijuana
smoking "in any public place," but properties controlled by
homeowners associations are considered private property. Many post
"no trespassing" signs threatening non-residents with arrest and
fines around community swing sets and picnic tables.

Scottsdale attorney Curtis Ekmark, who said his firm represents more
than 3,000 Arizona HOAs, recently alerted his clients about the issue
and is asking them to weigh in before the Arizona Department of
Health Services comment period ends Feb. 18.

In a notice he sent out last week, Ekmark said, "The definition of
'public place' does not expressly include the common areas of planned
communities. . . . We would recommend that concerned associations
consult with a qualified attorney to determine whether they may
restrict the use of marijuana in their common areas."

The law approved by voters in November allows qualifying patients
with certain debilitating medical conditions to receive up to 2 1/2
ounces of marijuana every two weeks from dispensaries or cultivate up
to 12 marijuana plants if they live 25 miles or farther from a dispensary.

Critics have said leaving it up to physicians to determine patients'
needs without requiring medical tests makes it uncertain how many
would qualify to purchase marijuana. That's leading to concerns about
smoking in places such as private HOA parks.

The DHS is expected to finish writing medical-marijuana rules in
March, and dispensaries likely will begin operating in April.

Opening neighborhood parks to marijuana smokers may not have been the
intent of the law, but "the language is ambiguous, and we are really
hoping for some clarification," Ekmark said.

Chandler Planning Director Jeff Kurtz said the issue may have to be
resolved in court. During his city's work on zoning laws for
medical-marijuana dispensaries, Chandler is proposing distance
requirements from public parks, but not "private" HOA parks.

Allan Sobol, owner of Phoenix-based Marijuana Marketing Strategies
and founder of one of the Valley's first mock dispensaries in
preparation for the new law, said the law intends to limit smoking to
homes and backyards. It would be inappropriate for someone to light a
joint in an HOA park "because there may be a lot of children around," he said.

HOAs might have to write their own rules to close the loophole, Sobol said.

That could be difficult and costly, said Cynthia Dunham, a former
Gilbert mayor and founder of the Leadership Centre, a training
program for HOA leaders. Amending deed restrictions to ban marijuana
smoking on HOA property "would be nearly impossible," she said. The
change would require elections, and, in most HOAs, approval from 75
to 80 percent of the property owners. Dunham said HOA boards can
implement less formal regulations to ban marijuana smoking, but those
are more difficult to enforce.

Kayte Comes, executive director of the Central Arizona Chapter of the
Community Associations Institute, said there are more than 10,000
HOAs in the state. According to Arizona Corporation Commission
records, 5,360 corporate names contain the words "homeowners
association" or "community association."

Laura Oxley, DHS spokeswoman, said the medical-marijuana law is
supposed to restrict marijuana smoking to private homes.

"I thought we'd pretty much put the 'public place' issue to bed, but
this is what the public-comment period is about," she said. "The last
thing we need is more people exposed to any kind of smoke."