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.”
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.”
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”
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.
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.”
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.”
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”
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:
Here are some of the requirements of the new zoning ordinance that apply to the dispensary’s medical marijuana cultivation facility location:
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.”
Read Flagstaff’s December 8, 2010, proposed medical marijuana zoning ordinance. See a map of Flagstaff that shows proposed minimum separation requirements for medical marijuana dispensaries in Flagstaff.
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.”
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.
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
Read Tucson’s proposed medical marijuana dispensary zoning ordinance.
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.”
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.”
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.”
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?”
Arizona Republic: “With the passage of Proposition 203 legalizing marijuana for medical use, Peoria officials have prepared a draft policy in anticipation of requests to open a dispensary or a cultivation facility. The proposed ordinance places some guidelines and restrictions for operators and cultivators, including requirements to apply for a special city permit and maintain a specific distance from such places as schools, day care facilities and homes.”
The town of Oro Valley, Arizona, adopted its medical marijuana zoning ordinance of October 27, 2010.
Phoenix New Times: “In Arizona, you can ride a motorcycle without a helmet, conceal a handgun, and buy an AK-47. And soon, if you qualify, you’ll be able to smoke a big, fat doobie. Legally. . . . Arizona is on the verge of establishing a billion-dollar pot industry.”
Jon Gettman , Ph.D., wrote a scholarly paper called “Marijuana in Arizona, Arrests, Usage, and Related Data.” The article contains statistics and information about the criminal aspect of marijuana use in Arizona. It states:
“There were 21,727 arrests for marijuana offenses in Arizona in 2007, representing an arrest rate of 343 per 100,000, which ranks Arizona at number 16 in the nation. There were an estimated 473,000 past year marijuana users in Arizona during 2007. Reconciling this estimate with the number of arrests for marijuana offenses provides an arrest rate of 4,593 per 100,000 users, which ranks Arizona at number 14 in the nation.
In terms of overall severity of maximum sentences for marijuana possession, Arizona ranks number 12 in the nation (based on penalties for a first offense). When it comes to penalties for just under 1 ounce of marijuana, Arizona is ranked at number 2 . . .. Here are the penalties for possession of various amounts of marijuana in Arizona:”
Arizona Republic: “Southeast Valley cities are working hard to have a say in where the medical marijuana dispensaries are located. Without ordinances setting limits on their location, cities risk getting them placed wherever an approved applicant desires, officials say.”
Arizona Republic: Arizona Department of Health Services “officials said Monday that they will begin implementing the measure and expect the drug to be in use by late summer 2011. [ADHS] Director Will Humble said he expects that by April, the agency will begin reviewing applications from people who want to use medical marijuana or operate a dispensary. The program should be fully functioning by later that summer, when dispensaries have had time to grow the plants.”
“The department currently is considering several options to screen dispensary applications, such as accepting them on a first-come, first-served basis or creating a lottery system and drawing random applications. The ideal but most labor-intensive way to select dispensaries would be to evaluate the quality of their business models, security plans and inventory systems and then select the best 124 applications, Humble said.”
See the Channel 12 video that answers questions asked by viewers about the new law.
Read the text of the October 18, 2010, version of Globe’s proposed medical marijuana dispensary zoning ordinance. Here are the highlights:
The League of Arizona Cities & Towns drafted a sample medical marijuana dispensary zoning ordinance for Arizona cities. Arizona Proposition 203 authorizes cities to regulate the location and operation of medical marijuana dispensaries within their boundaries. The Proposition states that Arizona cities may “enact reasonable zoning regulations that limit the use of land for registered nonprofit medical marijuana dispensaries to specified areas in the manner provided in Title 9, Chapter 4, Article 6.1.
The East Valley Tribune has a question and answer session with Will Humble, Director of the Arizona Department of Health Services, about Arizona’s new medical marijuana law.
We have a lot of articles, stories and information about Arizona Proposition 203 on the KEYTLaw law blog for the period that ends on November 2, 2010, the day Arizona voters approved Proposition 203. To read our pre 11/2/10 articles, see the Medical Marijuana in Arizona topic area of the KEYTLaw Law Blog.
Marin Independent Journal: “the U.S. Patent and Trademark Office had created a new trademark category for medical marijuana. But the patent office backpedaled last week and eliminated the category, . . . . The patent office is, however, continuing to accept pot-trademark applications. . . . DeAngelo doubts that anyone will ever succeed in trademarking a marijuana strain.”