City rolls out proposed pot ordinance

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The city proposed a new ordinance at Tuesday night’s council meeting that would make Maricopa one of the most stringent cities in the state in terms of zoning restrictions for medical marijuana facilities.

The tentative code restricts facilities in these ways: they must be located in a permanent building; they cannot be more than 2,500 square feet; they cannot be located within 2,400 feet of a group home or transitional facility, within 1,500 feet of a school, place of worship, public library or park, or within 500 feet of property zoned residential.
 
“This code is the result of the city looking at codes being considered in 13 other municipalities,” said city of Maricopa Planning Manager Kazi Haque

While Maricopa’s proposed ordinance does not set a single distance greater than those set proposed by any one community the combined distances from all restricted locations are greater than all communities on the list.

“The proposed code severely limits the locations where a medical marijuana facility could open in Maricopa,” Haque said.

Maricopa Police Chief Kirk Fitch told council regardless of where these types of facilities are located; there will be an increase in crime. “Typically these facilities have large amounts of cash and marijuana on hand,” he said. “They are prime targets for armed robberies.”

Not all councilmembers agreed with the gravity of the potential for increase in crime.

“We have to remember the majority of people in Arizona want medical marijuana,” said Councilmember Alan Marchione said. “I want to move away from the idea Maricopa is going to become New Jack City if we open a dispensary.”

Marchione added there were other elements in the city like alcohol abuse that caused as many if not more problems than medical marijuana.

Councilmember Edward Farrell said he hoped the city could grow and sell the product itself. “It would be a good idea in my opinion if this industry was run by a government entity,” he said.

The councilmember’s idea was shot down by city staff, when they informed him it would not be legal for the city to do so.

The Arizona Medical Marijuana Act, passed as Proposition 203 by Arizona voters in November, allows towns to establish “reasonable regulations” in regard to the placement and operation of dispensaries and cultivators. The law also put the Arizona Department of Health Services (ADHS) in charge of crafting a medical marijuana facilities application process and governing who is eligible for the product.
 
Currently ADHS is working on these rules and the department released its first draft of an ordinance on Dec. 17 for public comment.
 
Cities have until Feb. 15 to adopt an ordinance on the matter in order to allow for a 30-day referendum period, which must be completed prior to March 30 when the ADHS must adopt its own set of regulatory rules for medical marijuana.
 
The voter-approved initiative allows for 124 marijuana dispensaries statewide. If a person lives more than 25 miles from a dispensary, they are then allowed to grow their own marijuana.

Councilmembers indicated they would like to take the full allotment of time allowable to craft and adopt their ordinance.