NO ROOM FOR POT PLACES IN SV

Unable to construct a medical marijuana zoning ordinance, the Star
Valley Town Council Tuesday put a moratorium on issuing dispensary and
grow field licenses.

Although the Arizona Department of Health Services (ADHS) has yet to
award dispensary certificates and no dispensaries can open until they
do, the council said a moratorium would prevent a dispensary from moving in
before they draft an ordinance.

The ADHS will publish the final rules for the Arizona Medical
Marijuana Act on March 28. At that time, the council said it would
work on the town's ordinance.

"Some towns are in their third revision because they don't have
anything to base them on," said Councilor Vern Leis.

Leis said it was premature to write an ordinance when they do not even
know what the ADHS final recommendations will look like. Instead of
drafting an ordinance full of holes, he suggested they wait.

The rest of the council agreed. Councilor George Binney was the only
one who did not comment on the issue. Binney said he may or may not
have a conflict of interest in the matter and to avoid any problems he
would withdraw from discussion.

"My feeling is we still don't have enough data to make a hard and fast
ordinance," said Councilor Paty

Star Valley Councilman George Binney said he would not vote on a pot
dispensary ordinance to avoid any possible conflict of interest.

Henderson. "I would like to see us fix it so that no one can come in
and get a permit since the state has not given final recommendations.
Let's wait and study a little longer and issue no permits."

"I agree that we are getting ahead of ourselves trying to establish
any type of ordinance," said Councilor Gary Coon. "This is a big
decision for our town."

On Feb. 15, the town council asked Town Attorney/Manager Tim Grier to
draft an ordinance that combined Payson's ordinance with the town's
independent consultant Terry Smith's proposal.

As Grier constructed an ordinance, he ran into a major
obstacle.

Given Star Valley's small commercial corridor and its proximity to
homes, schools and churches, if the town followed Payson's ordinance
there would likely leave no room for one in Star Valley. Payson
requires dispensaries to sit 500 feet away from these areas with grow
fields in industrial areas. After adopting its ordinance in January,
several groups have approached Payson for dispensary permits when they
become available.

Star Valley has no area zoned for industrial use.

"We are discovering with the proximity to residential areas because of
our small commercial area that a dispensary is likely to be in
someone's back yard," Grier said. "That is a unique problem for us."

Grier said he would continue looking at different ordinance options to
prevent this from happening.

Leis and Vice Mayor Del Newland said they were against having a
dispensary in town, but would follow state rules.

"I am absolutely against marijuana being in our town in any form,"
Leis said.

"I am very much against it," Newland said.

Whether you are for or against it, on April 14 the Medical Marijuana
Act goes into effect.

The ADHS will begin accepting applications for dispensary registration
certificates May 1.

To get an identification card to use medical marijuana, a patient must
have one of the qualifying conditions: cancer, glaucoma, HIV,
Hepatitis C, Amyotrophic Lateral Sclerosis, Crohn's disease, agitation
of Alzheimer's disease, a chronic or debilitating disease or medical
condition that causes cachexia or wasting syndrome, severe and chronic
pain, severe nausea, seizures or a debilitating medical condition or
treatment approved by the ADHS.

Under the draft rules, a physician must confirm or diagnose a
debilitating medical condition and agree to provide routine care.

If qualifying patients live within a 25-mile radius of a dispensary,
they are required to buy from a dispensary. They can obtain 2.5 ounces
every two weeks.

If they live more than 25 miles away, they can grown up to 12
marijuana plants in an enclosed area.

For more information, visit www.azdhs.gov.