Scottsdale Planning Commission Backs Amendment for Medical-marijuana Regulations

Arizona Republic:  “The Scottsdale Planning Commission on Wednesday backed a text amendment establishing regulations to comply with a new state law that legalizes growing, manufacturing and dispensing medical marijuana in the city. . . .The commission voted, 5-1, to recommend dispensing, manufacturing and growing be allowed without a conditional use permit in the special campus zoning district as part of a hospital or medical campus. Also, dispensing and manufacturing would be allowed in the commercial office zoning district with a conditional use permit.”

By |2012-08-18T10:10:26-07:00December 16th, 2010|Stories & Articles, Zoning|Comments Off on Scottsdale Planning Commission Backs Amendment for Medical-marijuana Regulations

Prescott Considers Zoning for Medical Marijuana Operations

Prescott Daily Courier:  “the city [Prescott] has drafted an ordinance that would allow medical marijuana in accordance with the state ballot issue, Proposition 203.  Planning Director George Worley stressed, however, that the city’s draft is still in the very preliminary stages, and that the UDC likely would rewrite the document before it goes back to Planning and Zoning.”

By |2017-02-11T17:25:56-07:00December 15th, 2010|Stories & Articles, Zoning|Comments Off on Prescott Considers Zoning for Medical Marijuana Operations

Prescott Valley Commission Discusses Zoning for Medical Marijuana

Prescott Daily Courier:  The draft ordinance includes restrictions “such as limiting dispensaries to 1,000 square feet, with no more than half of the total being used for storage. The draft ordinance also would restrict the hours of operation, and ban the use of marijuana on the premises and the sale of paraphernalia.  Dispensaries would be allowed in C-2 and C-3 (medium- and heavy-commercial) districts, while cultivation sites will be allowed only in C-3 districts.”

By |2017-02-11T17:29:32-07:00December 15th, 2010|Stories & Articles, Zoning|Comments Off on Prescott Valley Commission Discusses Zoning for Medical Marijuana

Medical-marijuana Advocates: Follow Arizona Rules

Arizona Republic:  “The national marijuana-policy group that largely bankrolled Arizona’s medical-marijuana initiative held an educational forum Monday to explain key parts of the law, federal marijuana statutes and how medical-marijuana programs were implemented in other states”

By |2010-12-20T07:51:09-07:00December 14th, 2010|Stories & Articles|Comments Off on Medical-marijuana Advocates: Follow Arizona Rules

Kingman Zoning Rule-making for Medical Marijuana Starts

Kingman Daily Miner:  Kingman, Arizona, “City zoners will look at proposals Tuesday for cultivating, dispensing pot.  The commission will be presented with three alternatives ranging from most to least restrictive that it may alter as it sees fit prior to issuing its recommendation. . . . Alternative 1, the most restrictive of the three, would allow for the cultivation of marijuana in the Rural Residential zoning district only and at least 2,500 feet from any alternative residential zoning, with dispensing allowed only in the I-2: Heavy Industrial zoning district.  Any such dispensing facility would be limited to just a single, permanent structure no larger than 100 square feet, and sales of marijuana could only take place between 10 a.m. and 4 p.m. Monday through Friday.

By |2017-02-11T17:25:51-07:00December 12th, 2010|Stories & Articles, Zoning|Comments Off on Kingman Zoning Rule-making for Medical Marijuana Starts

Medical Marijuana a New Challenge for Arizona Schools

Arizona Republic:  “Now that Arizona has become the 15th state to approve the use of medical marijuana, Valley school leaders say it will likely fall in the prescription-drug category, and any abuses will be handled the same as other prescription medications. . . . Medical marijuana will be yet another challenge to schools as they urge students to stay away from drugs, especially since prescription-drug abuse is most common among young people.”

By |2010-12-20T07:48:01-07:00December 12th, 2010|Stories & Articles|Comments Off on Medical Marijuana a New Challenge for Arizona Schools

Mesa Council Tweaks Proposed Marijuana Ordinance

Arizona Republic:  “The City Council decided Thursday morning it would rather see medical marijuana dispensaries in industrial zones than in retail districts. . . . the council told Sheffield to draft rules that would allow dispensaries in C3 and industrial areas, but not in C2 retail zones.”

By |2012-08-18T09:42:08-07:00December 10th, 2010|Stories & Articles, Zoning|Comments Off on Mesa Council Tweaks Proposed Marijuana Ordinance

IRS Auditing Harborside Health Center Oakland’s Biggest Pot Dispensary

The Bay Citizen:  “In an ominous portent of the clash between federal and state law over medical marijuana, the IRS is auditing the Bay Area’s largest medical pot dispensary, Harborside Health Center . . . . a Nov. 15 letter that Harborside sent to Sen. Barbara Boxer asking for tweaks in tax laws that can result in near-crippling taxes on pot dispensaries . . . . Harborside has exploded in popularity with 58,000 members . . . . The dispensary brings in around $20 million in revenue each year”

By |2017-10-07T09:54:49-07:00December 10th, 2010|Stories & Articles, Tax Issues, Video|Comments Off on IRS Auditing Harborside Health Center Oakland’s Biggest Pot Dispensary

Phoenix City Council Approves Zoning Changes for Medical Marijuana Dispensaries

Phoenix City Council Approves Phoenix Medical Marijuana Zoning Ordinance

The Phoenix City Council voted on December 8, 2010, to approve its medical marijuana zoning ordinance.  Here are some of the requirements of the new zoning ordinance that apply to the retail dispensary location:

  1. The dispensary must obtain a use permit from the City of Phoenix Planning Department.
  2. The dispensary must notify Phoenix of the name and location of its grow facility.
  3. “A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below if the proposed facility is within 110% of the minimum distance from the proposed facility.”  This doesn’t make any sense to me!
  4. The dispensary cannot grow marijuana at the location of its retail store.
  5. The dispensary “shall be located in a closed building and may not be located in a trailer, cargo container, or motor vehicle or similar structure or motorized or non-motorized vehicle.”
  6. The dispensary “shall not exceed 2,000 square feet of net floor area; this shall include all storage areas, retail space and offices.”  Wow!  This is very limiting.
  7. The dispensary “shall not be located within 5,280 feet of the same type of use or a medical marijuana cultivation or infusion facility.”
  8. The dispensary”shall not be located within 250 feet of a the following residentially zoned districts:  S-1, S-2, RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15.”
  9. The dispensary “shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center.”
  10. The dispensary “shall not be located within 500 feet of a place of worship.”
  11. The dispensary “shall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.”
  12. The dispensary many not have any drive-through services.

Here are some of the requirements of the new zoning ordinance that apply to the dispensary’s medical marijuana cultivation facility location:

  1. The dispensary’s medical marijuana cultivation facility must obtain a use permit from the City of Phoenix Planning Department.
  2. The dispensary’s medical marijuana cultivation facility must notify Phoenix of the name and location of its retail dispensary.
  3. “A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below if the proposed facility is within 110% of the minimum distance from the proposed facility.”  Again, this doesn’t make any sense to me!
  4. The dispensary’s medical marijuana cultivation facility cannot sell marijuana at its facility.
  5. The dispensary’s medical marijuana cultivation facility “shall be located in a closed building and may not be located in a trailer, cargo container, or motor vehicle or similar structure or motorized or non-motorized vehicle.”
  6. The dispensary’s medical marijuana cultivation facility “shall not be located within 5,280 feet of the same type of use or a medical marijuana dispensary or infusion facility.”
  7. The dispensary’s medical marijuana cultivation facility “shall not be located within 1,000 feet of a the following residentially zoned districts:  RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15.”
  8. All closed buildings used for the cultivation of medical marijuana shall be setback 1,000 feet from all property lines.”  Yikes!  Does this mean that a square parcel that has property lines on four sides must have a cultivation facility that is at least 1,000 feet from all four property lines?  A square parcel with 1,000 foot setbacks means the property is a square with 2,000 foot sides and not less than 4,000,000 square feet, which is approximately 92 acres (4,000,000/43,560 fee per acre).  What am I missing here?
  9. The dispensary’s medical marijuana cultivation facility “shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center.”
  10. The dispensary’s medical marijuana cultivation facility “shall not be located within 500 feet of a place of worship.”
By |2015-04-06T18:49:22-07:00December 9th, 2010|Stories & Articles, Zoning|Comments Off on Phoenix City Council Approves Zoning Changes for Medical Marijuana Dispensaries

Peoria City Council Discusses Concerns about Medical Marijuana

Arizona Republic:  “Peoria leaders discussed a proposed city ordinance to deal with the location of dispensaries, cultivation facilities and other issues. Several council members raised concerns about the distance of such facilities from homes, where people might be allowed to smoke and even the quality of what’s cultivated.  Peoria estimates three to five dispensaries and at least one cultivation facility could open in the city.”

By |2010-12-27T08:41:19-07:00December 9th, 2010|Zoning|Comments Off on Peoria City Council Discusses Concerns about Medical Marijuana

Mesa wants Marijuana Shops in Secluded Areas

East Valley Tribune:  “Mesa won’t let medical marijuana shops open in most of its commercial districts, with city leaders saying they don’t want the substance sold near neighborhoods or in prominent locations.  Instead, the shops will be forced to industrial areas and just one kind of commercial use.”

By |2012-08-18T09:41:44-07:00December 9th, 2010|Stories & Articles, Zoning|Comments Off on Mesa wants Marijuana Shops in Secluded Areas

Arizona Gets Rolling on Medical Pot Rules

San Pedro Valley News Sun:  “Now that Proposition 203 has been passed by voters, the Arizona Department of Health Services staff is in the process of setting up the rules that will apply to patients, caregivers and dispensaries.  According to the department’s website, other states that have already passed such laws will be a resource for Arizona.”

By |2015-04-06T18:49:20-07:00December 7th, 2010|Stories & Articles|Comments Off on Arizona Gets Rolling on Medical Pot Rules

Joe Arpaio Supports Medical Marijuana, or At Least He Did at One Time

Phoenix New Times:  “Sheriff Joe Arpaio supports medicinal use of the good ganja? Well, at least that’s what the former DEA agent did during this clip from the 2007 documentary American Drug War: The Last White Hope. In it, Arpaio was asked his opinion on medical marijuana, as he stands in Tent City, surrounded by prisoners in bumble-bee stripes.

By |2010-12-20T07:35:37-07:00December 6th, 2010|Stories & Articles|Comments Off on Joe Arpaio Supports Medical Marijuana, or At Least He Did at One Time

Arizona State Bar Says Arizona Lawyers May Represent Arizona Medical Marijuana Businesses Unless it Rules Otherwise

The following is the text of an email message the Arizona State Bar sent to its members on December 3, 2010:

Medical Marijuana and the Rules of Professional Conduct

There have been a number of reports regarding the implications of Arizona’s new medical marijuana law on the ethical rules that govern the conduct of attorneys in Arizona.

Although some reports may have created the perception that the State Bar of Arizona has taken an official position regarding this matter, the Bar has not taken an official position.

As has been widely reported, this new law has created many unsettled issues across the legal landscape.  The impact of this law on the ethical rules is equally unsettled.

The State Bar of Arizona will review the new law and provide guidance in advance of the law’s implementation, currently scheduled for late March 2011.  In the interim, the State Bar will not take regulatory action against attorneys for counseling or assisting clients in the implementation of the medical marijuana law during this period.

For questions or further information, contact Rick DeBruhl, Chief Communications Officer, State Bar of Arizona  at 602-340-7200 or [email protected].

Sincerely,

John F. Phelps
CEO/Executive Director

By |2012-08-18T09:15:33-07:00December 4th, 2010|Legal Issues, Stories & Articles|Comments Off on Arizona State Bar Says Arizona Lawyers May Represent Arizona Medical Marijuana Businesses Unless it Rules Otherwise

What Employers Need to Know about Medical Marijuana in the Workplace

Arizona Capitol Times:  “Proposition 203, Arizona’s medical marijuana law, will become effective soon.  This new measure will change the way employers treat and interact with workers who qualify for protection under the statute.  Employers should consider several important points in light of these significant developments.”

By |2010-12-21T07:36:13-07:00December 3rd, 2010|Stories & Articles|Comments Off on What Employers Need to Know about Medical Marijuana in the Workplace

Spice: Packaged Like Incense, Smoked Like Pot

Arizona Republic:  “It has come under scrutiny from the Drug Enforcement Administration and a host of state legislatures including Arizona’s, but the forces aligning against Spice and other synthetic drugs have done little to curb their popularity.  The DEA announced plans last month to ban five of the chemicals commonly found in synthetic marijuana and gave store owners and consumers until Christmas Eve to dispose of any synthetic drugs that contain the chemicals.”

By |2010-12-20T07:28:50-07:00December 2nd, 2010|Stories & Articles|Comments Off on Spice: Packaged Like Incense, Smoked Like Pot

Arizona School Districts to Develop Policies on Medical Marijuana

Arizona Republic:  Arizona “School districts are discussing the best ways to incorporate medical marijuana into their substance-abuse policies and drug-abuse campaigns.  Now that Arizona has become the 15th state to approve the use of medical marijuana, several district administrators say it will likely fall in the prescription-drug category, and any abuses will be handled the same as other prescription medications.”

By |2010-12-19T17:37:51-07:00December 1st, 2010|Stories & Articles|Comments Off on Arizona School Districts to Develop Policies on Medical Marijuana

Arizona Medical-marijuana Law to Test Workplace Regulations

Arizona Republic:  “Zero tolerance of drug use is the workplace norm in Arizona, but the medical-marijuana law that takes effect next year will cloud what had been a clear-cut issue for workers and employers.  If a supervisor suspects that using marijuana for medical reasons affects the quality of an employee’s work, how should the supervisor respond?”

By |2010-12-19T17:34:46-07:00December 1st, 2010|Stories & Articles|Comments Off on Arizona Medical-marijuana Law to Test Workplace Regulations
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