COUNCIL FINALIZES LOCAL MARIJUANA DISPENSARY RULES

Dispensaries Must Be 500-Feet From a School, Church

It's not everyday the Maricopa City Council is applauded for
completing an otherwise-routine task. But it was obvious that, to many
including members of the council itself this was anything but a
routine item up for vote.

After months of discussion, the council approved a policy requiring a
medical marijuana dispensary to be set back at least 500 feet from
schools, daycare facilities, parks, libraries and churches. Any
dispensary within City limits must also sit at least 250 feet from
residences.

In addition to those regulations, medical marijuana dispensaries are
barred from delivering to a qualified patient's home.

The end result: the likelihood of a medical marijuana dispensary being
able to locate within the Maricopa city limits just got significantly
more difficult.

The Maricopa planning and zoning commission had initially deleted
churches, libraries and parks from the 500-foot setback requirement.
The change caused some controversy during the last week's city council
meeting, with the council agreeing to push its vote on the ordinance
until this week's meeting so City planner Rudy Lopez and other City
staff could present the council with two ordinance options: one with
parks, libraries and churches included in the setback requirements,
the other without.

"I feel that having a marijuana dispensary anywhere near these
facilities (such as churches) are putting our children at risk," one
Maricopa resident told the council at this week's meeting, prior to
the vote.

The resident added that they had watched a Dr. Oz special showcasing
studies that claimed more children use marijuana in areas where
medical marijuana is legal.

"Kids think it's a medicine and that it's okay. Let's do what we can
in our power to protect the children," they said.

Another resident said he saw first-hand issues with medical marijuana
in Denver and that people's fears were justified, but he added that he
thought the council could find a way to mitigate a solution that would
work for all parties.

"My mother died of cancer, I wish she would have been able to smoke
pot legally," the resident said. The resident also mentioned being
part of a group wanting to start a dispensary near Maricopa, outside
of city limits.

First Baptist Church of Maricopa pastor Jim Johnson expressed concerns
about the removal from the ordinance's setback requirements at last
week's meeting.

"I'm not against the people that are needing it (marijuana) for their
medical condition," Johnson added during the meeting on Tuesday.

Last week he told council that the requirements should be akin to a
store that sells alcohol or adult materials.

"The intent from the commissioners was that medical marijuana is a
medicine," Lopez said at the council's last meeting. "Their (the
planning and zoning commission) feelings was that they won't be ...
utilizing the medicine near the parks (or churches) ... that they have
to be using the substance at a private location ... in the home itself."

Lopez also clarified that if a church site was also utilized as a
typical school setting, it would be classified as a school in
determining the setback requirements.

The State of Arizona passed its regulations for medical marijuana
March 28, so Maricopa wanted to finalize local zoning ordinances for
dispensaries and cultivation sites as soon as possible.

City staff had originally determined setback requirements in an
initial draft likely would not allow a dispensary to locate within
city limits. The council directed staff to make sure a dispensary
could locate within the City to ensure qualified patients or qualified
caregivers would not have to grow their own. The state mandates that
if a qualified patient is more than 25 miles away from a dispensary
they (or a qualified caregiver) can grow their own medical marijuana.

Council member Marquisha Griffin said at last week's meeting that
other cities have a more stringent setback requirement. City staff
responded by saying the infrastructure offered in Maricopa was
dramatically different than that of other cities, which are more built
out and can accommodate larger setbacks.

During the meeting this week, Griffin told her fellow council members
to be mindful of the fact that the state gave cities the flexibility
to draft their own ordinances. The state only requires a 500-foot
setback for schools and daycares.

At this week's meeting, Diedrich said people's fears about Maricopa
being like Denver are unjustified and pointed out that the crime rate
in Denver actually dropped after the medical marijuana ordinance was
enacted there, according to a study done by their police department.

He said that it would be extremely difficult for a dispensary to
locate if churches, parks and libraries were included in the setback
requirements.

"We have churches in retail centers, churches in homes in Maricopa ..
anybody can say I'm a house of worship, there's nothing that
designates that they are except that they say that they are," Diedrich
said.

He thought there should be the same restrictions of medical marijuana
as the restrictions for other "legal addictive medication" sold at
drug stores like Walgreens.

He said there is no evidence that locating a dispensary near a church
increases use among children; adding that evidence he's seen is to the
contrary.

"I don't want the government to become the nanny for what parent
should be able to instill in their own children," said council member
Alan Marchione in support of Diedrich's comments.

Vice mayor Ed Farrell said he estimates that half of the churches in
the City are actually located in the same facility as a school, adding
that the council was arguing a moot point.

Council members Marvin Brown, Diedrich and Marchione voted against the
measure.

Medical Marijuana local dispensary rules:

Any dispensary must be set back at least 500 feet from schools,
daycare facilities, parks, libraries, churches (local regulation)

Any dispensary must be set back at least 250 feet from any residence
(local regulation)

If the nearest dispensary is further than 25 miles away, a qualified
patient or caregiver may grow their own medicinal Marijuana (state
regulation)

On April 14, the state will begin accepting applications for qualified
patients and caregivers

In June, the state will accept the first round of applications for
dispensary certificates

In August, the state will select and award dispensary certificates