Pure Medical Marijuana & Wellness Center II Sues Fountain Hills Over Medical Marijuana Dispensary Zoning

Arizona Republic:  “A non-profit corporation has filed a lawsuit against Fountain Hills, claiming the town’s medical-marijuana ordinance ‘unreasonably restricts’ potential locations for a dispensary.  Pure Medical Marijuana & Wellness Center II filed the civil suit in Maricopa County Superior Court. The town and Town Council are named as defendants. . . . One medical-marijuana dispensary will be allowed within the town”

Query: Are Pure Medical Marijuana & Wellness Center II, Inc., and its attorney unaware that the medical marijuana industry in the United States is dead.  See “Medical Marijuana Dispensaries are Dead in the United States.”

By |2019-06-14T08:25:43-07:00October 13th, 2011|AZ Marijuana Law Lawsuits, Stories & Articles, Zoning|Comments Off on Pure Medical Marijuana & Wellness Center II Sues Fountain Hills Over Medical Marijuana Dispensary Zoning

Fountain Hills Faces Medical-marijuana Challenge

Arizona Republic:  “A business consultant whose zoning-verification request for a medical-marijuana dispensary was denied by Fountain Hills is threatening legal action to challenge the “reasonableness” of its zoning restrictions.  Ingrid Jolya, a member/manager of Phoenix-based ETD Systems, submitted an application for two suites in the strip center at 17005 E. Colony Drive. . . . There have been three denied and one has been issued . . . . The ordinance is so restrictive that there are only two possible locations for a medical-marijuana dispensary, a public storage area and a vacant lot”

This is an example of how the cities rather than Arizona Department of Health Services are now able because of the change made to the rules on April 14, 2011, to determine who gets a medical marijuana dispensary in their jurisdictions.  Without a comfort letter from the city, a prospective dispensary owner cannot file an application for a dispensary license.

See “Three IEDs in DHS’ Actual Final Rules Detonate & Blow Many Would-Be Arizona Medical Marijuana Dispensaries Away.”

By |2012-08-18T09:33:10-07:00April 16th, 2011|Stories & Articles, Zoning|Comments Off on Fountain Hills Faces Medical-marijuana Challenge