State policy could put pot dispensary in Maricopa

The city of Maricopa has been debating regulations to govern the placement of a medical marijuana dispensary in the city. City staff first proposed zoning restrictions so tight that a pot shop probably would not have been able to find a legal location in Maricopa. More recently, the city council asked for revision of those proposed regulations to make a dispensary possible. (See: City moves to make pot dispensary possible)

Now, a newly released state plan may make some of the city’s concerns moot. In its revised preliminary rules on the placement of medical marijuana dispensaries, the Arizona Department of Health Services proposes to limit the home cultivation of marijuana by evenly distributing pot shops throughout the state.

The major revision to these rules, which came as result of input from doctors, patients, potential dispensary owners, police and the public, is to allow one dispensary in each of the 126 areas defined by the Community Health Analysis geographical breakdown of the state that the DHS uses to track public health statistics.

The director of DHS, Will Humble, told The Arizona Republic that using the health areas to determine dispensary locations helps accomplish the department’s two objectives for this draft: To ensure people in rural parts of the state can access marijuana for medical purposes and to minimize the number of people allowed to grow marijuana at home.

In November, Arizona voter’s passed Proposition 203, which allows qualifying patients with debilitating medical conditions to get a prescription for up to 2 1/2 ounces of marijuana every two weeks. If there isn’t a dispensary within 25 miles of a patient, they are allowed to grow up to 12 plants.

Since the passage of Proposition 23, cities and the state have been charged with creating zoning codes and rules for the implementation of medical marijuana distribution.

In opening the door for less restrictive zoning regulations for marijuana dispensaries in the city, the Maricopa City Council was swayed by the same aim as the Arizona Department of Health Services.

“I think there is a general feeling among members of the council and the Planning and Zoning Commission that the city would be better served to have a dispensary than patients growing their own,” said Councilmember Carl Diedrich.

Maricopa has until the end of February to adopt an ordinance to allow for a 30-day referendum period, which must be completed prior to April 13 when ADHS will adopt its own set of regulatory rules for medical marijuana.

After April 13, the state will review applications from people who want to use medical marijuana or operate a dispensary. The program should be fully functioning by the summer, when dispensaries have had time to grow the plants.

Currently, DHS is seeking public comment on the second draft of the regulations. The comment period will continue until Feb. 18, and the department will also hold four public meetings from Feb. 14 to 17, in Flagstaff, Tempe and Tucson to solicit public input.

Read the proposed rules and submit comments at azdhs.gov/prop203.