STATE PROPOSAL LAYS OUT MEDICAL MARIJUANA FRAMEWORK

Arizona medical marijuana patients could obtain 2.5 ounces of the drug
every two weeks, which they may smoke or otherwise use at home, and
would be allowed to consume edibles infused with marijuana in public,
according to proposed guidelines released Friday by the state
Department of Health Services.

However, the proposed regulations also require strict oversight by
physicians and state authorities to prevent abuse and weed out fraud,
according to the rules, which are meant to serve as the framework for
how the medical marijuana system will work

Also, in a separate move last week, the Phoenix City Council approved
zoning guidelines that govern where different types of marijuana
facilities may be located within the city.

ADHS spokeswoman Laura Oxley said anyone interested in submitting
suggestions about the proposed state guidelines may access a link on
the department's Web site at www.azdhs.gov/prop203 through Jan. 7.

"We would like all of the public to comment on it," Oxley said. "This
is a public health system that the voters approved, and it's going to
affect the fiber of the community."

The agency will then incorporate those public comments into the final
form, which department officials could adopt in mid-February, she said.

Tom Salow, ADHS administrative counsel and rules manager, said the
department attempted to cover all the bases, but anticipates the
public will give the proposal a critical eye.

"We know people out there will see gaps or have a better way to set up
the rules, and we want to hear from them," he said.

The proposed state guidelines also stipulate:

- - A patient must be suffering from a debilitating illness such as
glaucoma, HIV/AIDS, multiple sclerosis, Hepatitis C, cancer or other
qualifying chronic condition to be eligible to receive a medical
marijuana recommendation from his or her primary care physician, and
that doctor must have seen the patient at least four times in the
previous year to establish and ongoing relationship.

- - Patients would have to submit an application to the DHS, with a $150
fee, to receive a state registry identification card.

- - Patients who live more than 25 miles from the nearest dispensary
would be able to grow up to 12 plants themselves.

- - Dispensaries would be run by nonprofits staffed by organizers who
have lived in the state for at least two years. State fees to open a
dispensary would run $5,000.

- - The dispensaries would have to be overseen by an on-call physician
who would distribute educational materials about drug interaction and
safe use. That physician would not be allowed to write medical
marijuana recommendations for patients.

- - Each dispensary would be able to sell marijuana or marijuana-infused
foods prepared in a commercial kitchen. All facilities would be
subject to state inspection, and employees would have to account for
all marijuana produced and sold.

Oxley said officials are still working out some issues, such as what
would happen if there is a rush of groups submitting dispensary
applications once the rules are in place.

"It's just not something we've been able to tackle just yet," she
said.

Last Wednesday, the Phoenix City Council approved new zoning rules to
govern where medical marijuana should be grown, processed and sold in
the city. Dispensaries will be restricted to commercially zoned
property at least 250 feet away from residential areas; 1,320 feet
from schools, parks and public community centers; and 500 feet from
houses of worship. Dispensaries would have to be at least a mile apart
from each other, could not have drive-thru service, and would be
limited to the operating hours of 8 a.m. to 7 p.m.

Growing and processing facilities would be confined to areas zoned for
agricultural and industrial uses, respectively, with similar distance
restrictions in mind, albeit with the residential distance requirement
increased to 1,000 feet.

Each facility would require a use permit from the city, said City
Councilman Sal DiCiccio, whose district includes Ahwatukee Foothills.

Proposition 203, the Arizona Medical Marijuana Initiative, approved by
a statewide vote last month, opened the door for about 120
dispensaries in Arizona, one per every 10 pharmacies.