Stories & Articles Archives - Page 43 of 47 - Arizona Medical Marijuana Law

Scottsdale Panel Recommends First Marijuana Dispensary Site

Arizona Republic: “The first conditional-use permit for a medical-marijuana dispensary in Scottsdale gained the Planning Commission’s support Wednesday, but some members said approval ‘puts the cart before the horse.’ By a 3-2 vote, the commission recommended City Council approval of a permit for the Virtue Center, at 7301 E. Evans Road, in the Scottsdale Airpark. . . . ‘It’s all speculative, no one knows if they’re going to get a license’,”

By On the Net|2012-08-18T10:10:03-07:00March 26th, 2011|Stories & Articles, Zoning|Comments Off

Paradise Valley asked to OK Permit for Marijuana Dispensary

Arizona Republic: “Paradise Valley has received its first permit request to dispense medical marijuana in the town. Mountain View Medical Center recently submitted a special-use permit application to operate a dispensary at the medical complex at the southeastern corner of Tatum and Shea boulevards.”

By On the Net|2012-08-18T09:43:34-07:00March 26th, 2011|Stories & Articles, Zoning|Comments Off

KEYTLaw Medical Marijuana Dispensary Workshop on Saturday March 26, 2011

This Saturday at 9 am I am holding a free workshop for my Arizona medical marijuana dispensary owners to swap dispensary war stories and learn from two guest speakers about dispensary insurance needs and why dispensaries need an architect. Here are the details:

Time: 9 am – 11 am
Date: Saturday, March 26
Where: 8765 W. Kelton Ln, Bldg A-1, Ste 102, Peoria, AZ. Located on the SW corner of 87th Ave., & Kelton Lane (1 block south of Bell Road, just west of the 101 freeway).

Agenda:

9:00 opening remarks
9:15 Doug Banfelder, Premier Southwest Insurance Group on dispensary insurance needs
10:00 Mike Wakefield of Wakefield Architects. Mike will discuss why dispensaries will need an architect for things such as a floor plan and site plan. He will also discuss use permit requirements.
10:30 open forum – would be dispensary owners are invited to share information

By Richard Keyt|2015-04-06T18:50:21-07:00March 24th, 2011|Stories & Articles|Comments Off

5 Groups in Scottsdale Seek Medical Marijuana Permits

Arizona Republic: “Scottsdale will consider granting use permits for five non-profit groups hoping to open medical marijuana dispensaries in the city.” See the article for the names and locations of the sites.

By On the Net|2012-08-18T10:10:15-07:00March 24th, 2011|Stories & Articles, Zoning|Comments Off

Ping Fights Medical-pot Dispensary Near Its Phoenix Location

Arizona Republic: “Golf-equipment manufacturer Ping is threatening to leave its north Phoenix home of 45 years if the neighborhood continues to decline, its attorney says. Phoenix will do all it can to prevent that from happening, according to a top city official. The dispute between Ping and its neighbors came to light last week at the first use-permit hearings for medical-marijuana locations citywide.”

By On the Net|2011-03-28T12:54:35-07:00March 23rd, 2011|Stories & Articles|Comments Off

US Medical Marijuana Sales Seen At $1.7 Billion

Wall St. Journal: “The U.S. medical marijuana market will reach $1.7 billion in sales this year, according to a report by See Change Strategy LLC. The market, which nearly rivals Viagra’s $1.9 billion in sales, is expected to double in the next five years as the number of patients grows and more states adopt laws allowing the sale of marijuana for medicinal purposes”

By On the Net|2015-04-06T18:50:21-07:00March 23rd, 2011|Stories & Articles|Comments Off

Phoenix Medical Marijuana Locations Reflect Restrictive Zoning

Arizona Republic: “The first five medical marijuana dispensaries approved in Phoenix are confined to office and industrial parks, an early indication that Phoenix’s new zoning rules for the dispensaries are so restrictive that few, if any, outlets will be located anywhere near the people who need them. Because of distance requirements from homes, churches, schools and parks, some real-estate attorneys believe there is virtually no retail site throughout the city that would meet the requirements.”

By On the Net|2012-08-18T10:00:01-07:00March 23rd, 2011|Stories & Articles, Zoning|Comments Off

Health Department Officials Ready to Get Medical Marijuana Program in Place

ABC 15 TV: “Will Humble, who runs the state Department of Health Services, is ready to put the state’s recently voter-approved medical marijuana program in place and get back to his normal work. On March 31, his department will release all the rules governing Arizona’s medical marijuana program. On April 15, patients will be able to begin having medical pot recommendations certified, and on May 1, hopeful dispensary owners will be able to submit their applications for dispensary and cultivation operation licenses.”

By On the Net|2015-04-06T18:50:21-07:00March 22nd, 2011|Stories & Articles, Will Humble Speaks|Comments Off

Final Arizona DHS Rules will Aid Rural Pot Shops

Arizona Capitol Times: “Since voters passed Proposition 203 in November, the Arizona Department of Health Services has been racing against the clock to get rules and regulations in place that will guide Arizona’s medical marijuana program. According to Prop. 203, also known as the Arizona Medical Marijuana Act, ADHS by April 15, must be able to begin certifying qualified”

By On the Net|2011-03-22T06:19:22-07:00March 22nd, 2011|Stories & Articles|Comments Off

Feds Continue to Bust Marijuana Dispensaries Despite Promises to the Contrary

A Question of Justice: “Remember back when Obama was running for President and he made that promise? No not that one—the one about not making a priority of federal marijuana-dispensary busts in states where medical marijuana laws had been passed. Well, since he’s taken office he has proven that this is one area we can’t count on him to stand by his word.”

By On the Net|2011-03-21T07:06:01-07:00March 21st, 2011|Stories & Articles|Comments Off

Arizona Legislature Tackles Pot in the Workplace

Daily Miner: “The Arizona Department of Health Services and the Legislature are trying to clarify when an employer can take action against an employee under the influence of medical marijuana. . . . According to the act, an employer cannot refuse to hire, discriminate against or fire an employee just because they have a medical marijuana card or because they test positive for marijuana and have a medical marijuana card, unless the employee was using, possessed or was under the influence of the drug while at work. . . . House Bill 2541 attempts to clarify when an employer can take action against an employee they believe in good faith is under the influence of marijuana while on the job.”

By On the Net|2017-02-11T17:33:56-07:00March 21st, 2011|AZ Legislation, Stories & Articles|Comments Off

Somerton Tries to Discourage Marijuana Dispensaries

Yuma Sun: “If the mayor has his way, establishments that sell medicinal marijuana will face such stiff regulations that they’ll think twice about set up shop in the city. ‘The more stringent the better,’ Mayor Martin Porchas said, summing up his views about a proposed ordinance regulating the establishments.”

By On the Net|2015-04-06T18:50:21-07:00March 20th, 2011|Stories & Articles, Zoning|Comments Off

Star Valley Can’t Get Its Act Together on Dispensary Zoning so It Won’t Allow Any

Payson Roundup: “Unable to construct a medical marijuana zoning ordinance, the Star Valley Town Council Tuesday put a moratorium on issuing dispensary and grow field licenses. . . . if the town followed Payson’s ordinance there would likely leave no room for one in Star Valley”

By On the Net|2017-02-12T07:38:37-07:00March 18th, 2011|Stories & Articles, Zoning|Comments Off

Rhode Island Considers Legalizing Pot for Recreational Use

Boston Globe: “Rhode Island would become the first U.S. state to legalize marijuana for recreational use under legislation that would replace criminal penalties for possession with alcohol-style regulation and taxes on America’s most widely used illicit drug.”

By On the Net|2011-03-26T14:59:28-07:00March 16th, 2011|Stories & Articles|Comments Off

Medical-pot Law will be ‘Fairly Difficult’ on Bosses

Arizona Daily Star: “Even though Arizona voters have approved the use of medical marijuana, employers won’t have to tolerate workers who are stoned on the job. Nor will they have to allow them to fire up a joint at the workplace. . . . The new law raises several issues that employers will need to address and they may have to reevaluate their drug testing policies . . . . “

By On the Net|2011-03-15T07:07:54-07:00March 15th, 2011|Legal Issues, Stories & Articles|Comments Off

The Part Local Zoning Plays in the AZ DHS Rules

Sonoran Star Remedies: “Whoa, hold on there, cowboy!!! . . . There are severe ramifications to having DHS backpedal on the requirement (January 31 draft rules) to have each dispensary be in compliance with local zoning restrictions. I suggest that we take a step back and consider what it would mean to strip away the rights of local municipalities to determine and drive their own zoning process.”

This interesting blog post is apparently in response to “Alan Sobol Adds the Rose Law Group to His List that Includes DHS, MPP & AzMMA” that discusses Alan Sobol’s March 14, 2011, letter to Arizona Department of Health Services Director Will Humble in which he complains about the uncertainty and problems caused by the DHS rules and city zoning ordinances. The author disagrees with Alan Sobol and suggests that the cities should be able to pick who gets a dispensary license rather than DHS.

By On the Net|2015-04-06T18:50:20-07:00March 15th, 2011|DHS Rules, Stories & Articles, Zoning|Comments Off

Alan Sobol Adds the Rose Law Group to His List that Includes DHS, MPP & AzMMA

Alan Sobol’s latest letter to Arizona Department of Health Services Director Will Humble is dated March 14, 2011, and it contains some explosive allegations. In the letter Mr. Sobol complains about the zoning nightmare created by DHS rules and the cities of Arizona. He correctly claims that it is the cities of Arizona who are effectively making the decision on who will ultimately get a dispensary license rather than DHS. Here are some choice statements from Mr. Sobol’s letter:

“Although the AZDHS rules are ambiguous and do not specifically require Zoning approval at the first stage of the application process, nevertheless, the Rose Law group has been aggressively pursuing Zoning Approval for their clients. Do they know something that nobody else does? Is Mr. Humble’s final rules going to interpret the current ambiguous rules to mean that you do indeed need ZONING APPROVAL? It is hard to imagine that a State Agency could not have done a better job promulgating their rules, if that was truly their intention.”

“We hereby demand that Mr. Humble immediately clarify his position regarding Zoning Approval with respect to the initial Application process; Is Zoning Approval a requirement or NOT? If zoning approval is a requirement we further demand that the Health Department extend the time for applicants to submit their Dispensary applications. The extended time should be sufficient for all applicants to seek and obtain local Zoning Approval, in any event no less than 60 additional days.”

“we adamantly oppose the requirement that Applicants obtain Zoning approval prior to submission of the initial application. If the Health department requires such zoning approval they are in fact deferring their authority under Title 36 to select the Dispensary licensees to local zoning boards. Under this scenario the Health Department could only consider applicants who were approved by local zoning boards, precluding all others.”

I agree with each of the three statements made above.

Rule R9-17-303.B.5 says the application for a dispensary license must be accompanied by:

“A sworn statement signed and dated by the individual or individuals in R9-17-301 certifying that the dispensary is in compliance with local zoning restrictions“

Unfortunately the zoning rules do not explain what it means for “the dispensary is in compliance with local zoning restrictions.” There are two schools of thought on the meaning:

The applicant can make the zoning affirmation if the dispensary site is properly zoned and not too close to a prohibited structure or area.
The applicant can make the zoning affirmation if the application has filed the necessary paperwork with the city and obtained whatever magical city zoning paperwork is required to ultimately operate a medical marijuana dispensary at the site such as a use permit, a variance or a note from the mayor’s mommy saying she really really likes one of the owners of the applicant (I made up the last item).

Ryan Hurley, a zoning attorney with the Rose Law Group was a speaker at a March 3, 2011, seminar sponsored by the State Bar of Arizona. Ryan said he thought Rule R9-17-303.B.5 meant choice #2. After the seminar I asked Tom Salow of the DHS if he agreed with Ryan Hurley about the zoning affirmation and he said no – he interpreted the rule to mean choice #1. Unfortunately it is no legal significance what either Ryan Hurley or Tom Salow think the rule means. What is important is WHAT DOES THIS RULE ACTUALLY MEAN? See “Must My Dispensary Obtain a Conditional Use Permit from the City before it can File an Application for an Arizona Medical Marijuana Dispensary License?“

DHS needs to clairfy the meaning of the rule. I hope that the third and hopefully final draft of the rules due March 28, 2011, will clarify this point and make it clear that the applicant need only affirm that its site is properly zoned and not too close to a prohibited structure or area. It is just stupid and a waste of everybody’s resources for multiple applicants for the one license within a CHAA to go through the actual zoning process and get city zoning approval before the applicant wins the lottery.

Mr. Sobol makes a valid point that the current chaos created by the DHS rules, the CHAAs and local zoning is in effect allowing the zoning authorities to determine who can apply for a license for an Arizona medical marijuana dispensary. The cities are the gate keepers who decide who gets a site and who doesn’t. If the rules mean that an applicant for a dispensary license must get city zoning approval before being able to affirm that the site zoning is groovy then the cities are, in fact, selecting which would-be dispensaries will get a dispensary license within their jurisdictions. This is contrary to Arizona’s medical marijuana laws, which require that DHS determine who gets a dispensary license.

I suggest all would-be dispensaries and their owners to send a letter to Arizona Department of Health Services Director Will Humble and ask him to change the rules to clarify that the affirmation of zoning means only that the site is properly zoned and not too close to a prohibited structure or area. Send your letter to Will Humble, Director, Arizona Department of Health Services, 150 N. 18th Avenue, Phoenix, AZ 85007.

By Richard Keyt|2014-01-05T10:02:10-07:00March 14th, 2011|Legal Issues, Stories & Articles, Zoning|Comments Off

Kingman Zoners OK Dispensary Rules for Pot

Daily Miner: “After a lengthy discussion and a few comments from the public, the city of Kingman Planning and Zoning Commission agreed on a set of zoning ordinances for medical marijuana dispensaries Tuesday evening.”

By On the Net|2017-02-11T17:33:07-07:00March 13th, 2011|Stories & Articles, Zoning|Comments Off

Scottsdale gets another Marijuana Dispensary Request

Arizona Republic: “A former NASCAR driver and two businessmen are seeking [Scottsdale] city approval for a medical-marijuana dispensary near Via de Ventura and Pima Road. The Kush Clinic LLC has filed for a use permit to operate the dispensary in a 3,300-square-foot building at 8729 E. Manzanita Drive”

By On the Net|2012-08-18T10:12:41-07:00March 12th, 2011|Stories & Articles, Zoning|Comments Off

Medical Marijuana Dispensaries Concern Police Chief

Arizona Republic: “Whenever Mesa Police Chief Frank Milstead speaks of medical marijuana dispensaries coming to the city, he does so with two fingers gesturing quotations around the “medical” aspect of the industry. ‘If you say they didn’t legalize marijuana, they just legalized medical marijuana, that’s a complete hoodwink,’ Milstead said in a recent meeting with the Mesa Republic.”

By On the Net|2011-03-14T07:54:25-07:00March 12th, 2011|Stories & Articles|Comments Off

Medical Marijuana Discrimination Bill Passes House, Heads to State Senate

Phoenix New Times: “Arizona’s new medical-marijuana law protects qualified patients from discrimination by their employers, a progressive feature that sets it apart from similar laws in other states. A legislative bill we told you about last month aims to dilute that protection, however, and it has solid support among state lawmakers. The Patient Discrimination Act, is it might come to be called, gives employers immunity they don’t need from lawsuits that might result from the firing or reassignment of a worker who uses medical marijuana or any other illegal drug.”

The proposed law the passed the House is HB 2541.

By On the Net|2011-03-10T07:31:44-07:00March 10th, 2011|AZ Legislation, Stories & Articles|Comments Off

Medical Malpractice Insurance

Although referring physicians and dispensary medical directors will each play distinct roles in Arizona’s MMJ industry, they nonetheless share similar professional risks regarding their activities.

Both must be physicians – that is, a “doctor of medicine who holds a valid and existing license to practice medicine” (which under current rules include similarly credentialed osteopaths, naturopaths and homeopaths).

The range of activities these professionals will engage in includes but is not limited to: patient assessment – or the creation of rating scales for patient self-assessment; recognizing signs and symptoms for substance abuse (for all substances, or just medical marijuana? Current draft rules don’t say); patient caregiver education on potential risks and benefits of the use of medical marijuana for patients under the age of 18; and, the communication of patient usage and symptoms between medical directors and referring physicians.

These activities all require the assumption of some level of responsibility for patient care, either directly (referring physicians) or by way of dispensary personnel (medical directors). Physicians serving the MMJ community would be well-served to have a detailed conversation with their insurance agent about the limits of their medical malpractice policies before beginning to practice in this new arena.

By Doug Banfelder|2011-03-10T07:16:27-07:00March 9th, 2011|Dispensary Insurance, Stories & Articles|Comments Off

Phoenix to Consider 1st Requests for Medical-marijuana Dispensaries

Arizona Republic: “The rush is on to open medical-marijuana dispensaries. On Thursday, a Phoenix hearing officer will consider nine requests for use permits to open medical-marijuana operations. Eight of the applications are for dispensaries and one is for cultivation.”

Wow! After all this time only eight dispensary zoning applications for Arizona’s largest city. DHS: Take note. Your rules and the CHAAs coupled with city zoning is making it impossible for would-be dispensaries to find a site to operate an Arizona medical marijuana dispensary.

By On the Net|2012-08-18T10:00:34-07:00March 9th, 2011|Stories & Articles, Zoning|Comments Off

Feds Warnings to Oakland & Its Plan to Allow Large Scale Growing of Pot May Affect All Prospective Arizona Medical Marijuana Dispensary Owners

The New York Times had a story on March 2, 2011, entitled “Oakland’s Plan to Cash in on Marijuana Farms Hits Federal Roadblock,” which everybody who is contemplating becoming an owner in an Arizona medical marijuana dispensary should read. The story said:

“an exchange of letters between the city attorney and federal law enforcement officials has made it exceedingly clear that Washington will not tolerate plans for the large-scale marijuana farms the City Council approved last July. . . . just weeks before the city was set to issue the permits, the Council voted to stall the plan after the city’s attorney, John Russo, and a county district attorney warned the Council that the marijuana cultivation ordinance thwarted state law and that city officials could be held criminally liable.

On Jan. 14, Mr. Russo wrote a letter to the United States Department of Justice seeking guidance on the city’s legal standing. In a response, Melinda Haag, United States attorney for the Northern District of California, warned that ‘individuals who elect to operate ‘industrial cannabis cultivation and manufacturing facilities’ will be doing so in violation of federal law.’ The letter went on to say that the Justice Department was ‘carefully considering civil and criminal legal remedies regarding those who seek to set up industrial marijuana growing warehouses‘.”

If you are considering becoming an owner of a medical marijuana dispensary in Arizona, you must read and consider U.S. Attorney for the Northern District of California Melinda Haag’s letter of February 1, 2011, to John A. Russo, the then Oakland, California, City Attorney. Here are some pertinent quotes that every dispensary and grower of any quantity, but especially large quantities of marijuana should read and consider carefully:

“I have consulted with the Attorney General and the Deputy Attorney General about the Oakland Ordinance.”

“growing, distributing, and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities.”

“The prosecution of individuals and organizations involved in the trade of any illegal drugs and the disruption of drug trafficking organizations is a core priority of the Department. This core priority includes prosecution of business enterprises that unlawfully market and sell marijuana.”

“we will enforce the CSA vigorously against individuals and organizations that participate in unlawful manufacturing and distribution activity involving marijuana, even if such activities are permitted under state law.”

“the Department is carefully considering civil and criminal legal remedies regarding those who seek to set up industrial marijuana growing warehouses in Oakland pursuant to licenses issued by the City of Oakland. Individuals who elect to operate “industrial cannabis cultivation and manufacturing facilities” will be doing so in violation of federal law. Others who knowingly facilitate the actions of the licensees, including property owners, landlords, and financiers should also know that their conduct violates federal law. Potential actions the Department is considering include injunctive actions to prevent cultivation and distribution of marijuana and other associated violations of the CSA; civil fines; criminal prosecution; and the forfeiture of any property used to facilitate a violation of the CSA.”

Clearly the Department of Justice intends to take legal action against those it believes are involved in the “industrial growing of marijuana.” The problem for all Arizona dispensaries that intend to grow marijuana is what is the difference between nonindustrial growing of marijuana and industrial growing of marijuana? This problem and the risk of criminal prosecution is especially great for Arizona medical marijuana dispensaries that intend to grow excess amounts of marijuana to sell to other dispensaries.

If Arizona medical marijuana dispensary owners think they can take cover under the Department of Justice memo of October 19, 2009, think again. This memo said only that the U.S. has a better use of its resources than to prosecute individuals (such as patients and caregivers) who are using medical marijuana in compliance with state law. The memo does not say that the Department of Justice will not prosecute medical marijuana dispensaries and their owners who are complying with state law. It says just the opposite.

“prosecution of commercial enterprises that unlawfully market and sell marijuana for profit continues to be an enforcement priority of the Department. To be sure, claims of compliance with state or local law may mask operations inconsistent with the terms, conditions, or purposes of those laws, and federal law enforcement should not be deterred by such assertions when otherwise pursuing the Department’s core enforcement priorities.”

For a related story, see “Medical Marijuana Cultivation Plan Antagonizes Feds in Oakland — and Arizona’s Plan is Similar.”

By Richard Keyt|2012-08-18T09:14:08-07:00March 5th, 2011|Federal Dispensary Attacks, Legal Issues, Marijuana Crimes, Stories & Articles|Comments Off

Pot Dispensaries Turn Against L.A.’s Marijuana Tax Proposal

Los Angeles Times: “Measure M on Tuesday’s ballot would add a 5% marijuana tax to sales at pot dispensaries. Owners of the collectives once supported the idea but are now angry about the upcoming lottery to decide which ones can remain open. . .. Measure M would require the city’s dispensaries to pay a 5% business tax on gross receipts, which is 10 times more than the city’s highest tax.”

By On the Net|2019-06-14T08:24:53-07:00March 5th, 2011|California News, Stories & Articles|Comments Off

Arizona Gila River Tribe’s Marijuana-law Request Dismissed

Arizona Republic: “Gila River Indian Community officials have asked Pinal County supervisors not to locate pot dispensaries within a mile of their borders because they don’t recognize medical marijuana and will prosecute anyone who tries to sell or use it on tribal land.”

By On the Net|2011-03-04T08:25:05-07:00March 4th, 2011|Stories & Articles|Comments Off

Coming in March & April – KEYTLaw Dispensary Client Workshops

Arizona’s newest industry reminds me of what the Oklahoma land rush of the 1800s must have been like. Thousands of people racing in all directions at the same time trying to beat out the competition for a valuable asset. There is a lot to learn and know to own and operate an Arizona medical marijuana dispensary. Useful information about this new industry is hard to come by.

As a service to the 40+ not for profit companies I have formed that intend to apply for a license to operate an Arizona medical marijuana dispensary, I am holding four workshops over the next two months for my dispensary clients that want to share their knowledge and learn from other would-be dispensaries. The goal is for everybody to learn more about all of the issues that every dispensary must solve to apply for a license and open a dispensary. I encourage all of my dispensary clients to attend and participate. Dispensaries that are not in the same CHAA clearly are not competing against each other for a license. Dispensaries that are in the same CHAA should realize that only one of them will win the lottery so sharing of information does not increase the chances that a nonprofit entity will will the lottery.

I encourage all of my dispensary clients to attend these free workshops and share knowledge. One of the goals will be for everybody to work together to create a business plan and the four policies and procedures that must be submitted with the application for a dispensary. One option is for the group to hire somebody to create the five documents and share the cost. Let’s divide the task of creating these five documents among the 40+ dispensaries and prevent each dispensary from spending time and money creating all of these required documents.

KEYTLaw dispensary clients: Mark the following dates on your calendar. We will start at 9 am and end at 11 am. People who are interested will then go some where nearby for lunch. The workshops will be held at 8765 W. Kelton Ln, Bldg A-1, Ste 102, Peoria, AZ 85382.

March 12, 2011
March 26, 2011
April 9, 2011
April 23, 2011

By Richard Keyt|2014-01-05T09:59:59-07:00March 2nd, 2011|Stories & Articles|Comments Off

Alan Sobol’s Excellent March 1, 2011, Letter to Will Humble

What follows below is the text of a March 1, 2011, letter from Alan Sobol and the Arizona Association of Dispensary Professional, Inc., to Arizona Department of Health Services Director Will Humble. Alan asks that DHS immediately clarify two huge problems that almost all prospective dispensaries face:

The requirement of Proposition 203 and the Arizona Department of Health Services rules that the application for a dispensary license show the actual address of the dispensary.

Uncertainty as to whether a dispensary site must merely be properly zoned or if the dispensary must have file all necessary paperwork with the city or county and actually obtain city or county approval before it can file an application for a dispensary. See “Must My Dispensary Obtain a Conditional Use Permit from the City before it can File an Application for an Arizona Medical Marijuana Dispensary License?“

Confusion in the rules as to whether all owners of the dispensary must meet the Arizona residency requirement.

I agree with Alan on all three issues. It’s a landlord and zoning zoo out there for prospective dispensaries, but it doesn’t have to be. Rather than have 5,000 would be dispensaries scramble to tie up 5,000 sites, file 5,000 zoning applications, pay 5,000 city and county zoning fees and have cities and counties waste their scarce and valuable resources processing 5,000 zoning applications, the DHS rules should provide that prospective dispensaries be required to list on its application the actual location of the dispensary after they obtain a dispensary registration certificate, but before they apply for their final inspection necessary to obtain the license.

Under the current rules 5,000 prospective dispensaries are all competing for the limited number of sites that meet local zoning requirements. The result is landlords can charge higher rent because the demand is much bigger than the supply of properly zoned sites. Yesterday somebody told me that there are only two properly zoned sites in Surprise and one is leased and the other is in foreclosure. It makes no sense for any prospective dispensary to waste its time and resources and the time and resources of a city or county zoning department unless the dispensary has obtained a dispensary registration certificate. Require dispensary applicants to disclose the location of their sites and affirm the zoning only after they win the lottery and get a dispensary registration certificate.

Alan’s third issue is valid. In my February 18, 2011, letter to Will Humble I suggested that the rules be amended to clarify that all eligibility requirements for any principal officer and director be expanded to include apply to all owners.

Here’s Alan Sobol’s March 1, 2011, letter. DHS please listen and help.

March 1, 2011

Arizona Department of Health Services
Office of the Director:
150 North 18th Avenue
Phoenix, Arizona 85007

RE: Open letter To Director Humble. The Market Place is in Chaos, Please help!!

Dear Mr. Humble

I am writing to you at the request of the members of the Arizona Association of Dispensary Professionals, (AADP). With over 6100 members we are the largest trade association of its kind in the State of Arizona. Collectively, we represent the largest percentage of Dispensary applicants in Arizona. Upon information and belief we have at least one member/applicant in almost every AZDHS CHAA.

We are writing to you regarding our great concern for the current chaotic market conditions across the State of Arizona. We adamantly believe these conditions are a direct result of the confusion unintentionally caused your agency. (more…)

By Richard Keyt|2011-03-02T07:42:57-07:00March 2nd, 2011|Legal Issues, Stories & Articles|Comments Off

If the Feds Get Their Way, Big Pharma Could Sell Pot — But Your Dime Bag Would Still Send You to Jail

AltnerNet: “We should be very wary about the DEA allowing regulation and marketing of pharmaceutical products containing plant-derived THC. ‘Marijuana has no scientifically proven medical value.’ So stated the United States Drug Enforcement Administration (DEA) on page six of a July 2010 agency white paper, titled “DEA Position on Marijuana. Yet only four months after the agency committed its ‘no medical pot’ stance to print, it announced its intent to allow for the regulation and marketing of pharmaceutical products containing plant-derived THC — the primary psychoactive ingredient in cannabis.

By On the Net|2019-06-14T08:24:52-07:00March 1st, 2011|Stories & Articles|Comments Off

Where’s the Weed At?

Arizona State Press: “Although medical marijuana will be regulated for the most part at a state level, cities face challenges with zoning laws and proximity to dispensaries. Most have held open city council meetings allowing the public to voice their opinion on this controversial change. The City of Tempe passed all of its regulation restrictions nearly a month ago, Senior Planner at the city of Tempe Ryan Levesque says.”

By On the Net|2019-06-14T08:24:52-07:00March 1st, 2011|Stories & Articles|Comments Off

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