CITIES CONSIDER MEDICAL-POT INFLUENCE ON WORKERS

Arizona's voter-approved medical marijuana law is raising new
questions among city officials in the Southeast Valley, and they're
not just about where dispensaries will go and the plants will grow.

Municipal employees who may be eligible to consume prescribed
marijuana pose new challenges in the government workplace. Like
whether someone under the influence of legal marijuana is too impaired
to perform some tasks or is it proper for a front-desk person greeting
the public to smell like pot.

Chandler Human Resources Director Debra Stapleton said these and other
issues are under study in her city before dispensaries are fully
operational in a few months. She said personnel rules for Chandler
workers who take prescription pain medication may be applied to
medical marijuana. They require disclosure to a supervisor if the
employee takes the medication during work hours and could affect job
performance or safety. If the substance shows up on a drug test and
the employee doesn't have a prescription or didn't disclose the
consumption, he or she could be subject to a medical review and
possible disciplinary action. "We rely heavily on doctors to make the
determination," Stapleton said.

In the case of medical marijuana, impairment may be more difficult to
prove and the substance has a distinctive odor that raises other
issues, she said. "Is smell alone going to warrant reasonable
suspicion to test for impairment?"

Ken Strobeck, executive director for the League of Arizona Cities and
Towns, said the organization is aware of workplace challenges and will
host a training session for municipal officials with human resources
attorneys next month. "Historically, cities have had a zero tolerance
for any kind of drug use, so we're having this training session so
everyone can get on the same page," he said.

The league also has been working with cities to draft model zoning
laws for marijuana dispensaries and cultivation. The state gives
municipalities the right to regulate locations, but Strobeck said
months of communication and brainstorming has made it easier for everyone.

Gilbert zoning administrator Mike Milillo praised Strobeck for
promoting information-sharing and ordinance proposals even before
voters approved Proposition 203 in November. "He took the bull by the
horns and developed a model ordinance; he picked the brains of
attorneys throughout the state to borrow from the best strategies. And
by networking early on we could see what all the other communities
were doing," Milillo said.

The process of drafting zoning laws, taking them to public hearings
and voting on them has been relatively free from controversy in the
Southeast Valley. Early concerns about security were addressed in
recently released state Health Department rules that require an
electronic security system that provides state access to video
surveillance.

Gilbert's draft law and Queen Creek's ordinance restrict dispensaries
to commercial and industrial areas, not shopping centers. Ahwatukee
Foothills under Phoenix's law relegates them to shopping centers. Most
of the Southeast Valley cities' laws and proposals limit growing
operations to industrial and commercial land, but they will be allowed
on agricultural plots in Phoenix.

Special use permits will be required in Phoenix and Queen Creek and
likely will be required in Chandler but not in Mesa and Tempe.

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Since voters passed Proposition 203, making it legal for doctors to
prescribe medical marijuana, cities and towns have been drafting
regulations for places that sell and grow it. Municipalities don't
have a lot of time; the program is expected to be fully functioning by
this summer.

Mesa: A zoning ordinance is being written and will go to City Council
early next year. Council discussions have favored limiting
dispensaries to commercial and industrial areas and requiring
cultivation on industrial land. The city is expected to restrict size
and hours of dispensaries and distance from schools, churches and
parks but is not expected to require use permits. Updates: mesaaz.gov.

Chandler: City zoning officials are drafting an ordinance that will
go to the Planning Commission in January and the City Council in
February. Early discussions have included a use-permit requirement,
distance and zoning limitations adopted by other cities. Officials
also are studying implications for municipal personnel and workplace
drug testing. Updates: chandleraz.gov.

Gilbert: A draft ordinance is set for a Town Council hearing in
January. It would limit dispensaries and cultivation to industrial
areas and require a use permit. It also sets required distances from
homes, parks, churches and schools. Details:
gilbertaz.gov/planning/pdf/MedicalMarijuana.pdf.

Tempe: A draft ordinance will go to the City Council in January. It
would limit dispensary locations to commercial and industrial
locations but not require a use permit. A map on the municipal
website indicates most eligible locations are near freeways or in
industrial parks. Details: tempe.gov/zoning/medicalmarijuana.htm.

Ahwatukee (Phoenix): City Council approved a zoning ordinance this
month. It requires use permits and limits dispensaries to commercial
shopping centers. Phoenix also limits growing facilities to
industrial/warehouse districts and agricultural land. Distances are
required from churches, homes, parks and schools. Details: phoenix.gov.

Queen Creek: Town Council approved a zoning ordinance this month that
requires use permits and limits dispensaries to commercial and
industrial districts. The ordinance also sets distance requirements
from schools, parks, churches and other dispensaries and the town
posted maps of potential locations. Details: queencreek.org.