P&Z OKS POT SHOP

SPRINGERVILLE - The planning and zoning department approved a
conditional use permit for a medical marijuana dispensary at 24 W.
Main Street.

The business will be built on leased property.

Even though the permit was issued, it's not clear at this time when or
if a dispensary will open at that location.

Governor Brewer asked the Attorney General to file a suit asking for a
judgment from a federal court regarding the legality of Arizona's
Medical Marijuana Act.

Because of this action by the Governor and the "overall uncertainty
about the legality of the Act itself," the Department of Health
Services won't be accepting applications or processing
applications.

Their website states, "Whether we accept and process dispensary
applications at a later date will depend on the outcome of legal action."

The rules and requirements for opening and operating a dispensary are
long and involved and it's not certain at this time whether the
business that received a permit from Springerville already has a
certification and whether they can proceed.

According to the AZDHS website: "To obtain a dispensary registration
certificate, a person would apply for one of the limited number of
dispensary registration certificates with an address for the proposed
dispensary that is at a location that complies with local zoning
requirements. The applicant would also have to show that the location
meets local zoning requirements. Only those that successfully obtain a
dispensary registration certificate would be required to demonstrate
that the dispensary complies with all dispensary requirements
including obtaining whatever approvals are required by the local
jurisdiction before submitting a request to the Department for an
approval to operate the dispensary. Before the Department issues an
approval to operate the dispensary, the Department will conduct an
on-site inspection to ensure that the dispensary complies with all
applicable requirements."

According to the Medical Marijuana Act, the State was divided into
CHAAs - Community Health Analysis Areas. The Eagar CHAA includes
Springerville and Eagar up to Highway 60. Only one dispensary can be
put in the Eagar CHAA, but permits can be issued for more.

Medical marijuana cards are being issued for patients and it appears
that they will be allowed to grow their own marijuana until a
dispensary opens within 25 miles of where they live. AZDHS website
states: "Since no dispensaries will be operating when the first
qualifying patients obtain a registry identification card, all
qualifying patients will be approved to cultivate if they request
approval to cultivate."

Registry cards for patients are issued 10 working days after a
complete application is received and only if the patient requests to
grown their own.