Pubdate: Tue, 28 Dec 2010 Source: Arizona Republic (Phoenix, AZ) Copyright: 2010 The Arizona Republic Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html Website: http://www.azcentral.com/arizonarepublic/ Details: http://www.mapinc.org/media/24 Author: Edythe Jensen Bookmark: http://www.mapinc.org/find?273 (Proposition 203) CITIES CONSIDER MEDICAL-POT INFLUENCE ON WORKERS Arizona's voter-approved medical marijuana law is raising new questions among city officials in the Southeast Valley, and they're not just about where dispensaries will go and the plants will grow. Municipal employees who may be eligible to consume prescribed marijuana pose new challenges in the government workplace. Like whether someone under the influence of legal marijuana is too impaired to perform some tasks or is it proper for a front-desk person greeting the public to smell like pot. Chandler Human Resources Director Debra Stapleton said these and other issues are under study in her city before dispensaries are fully operational in a few months. She said personnel rules for Chandler workers who take prescription pain medication may be applied to medical marijuana. They require disclosure to a supervisor if the employee takes the medication during work hours and could affect job performance or safety. If the substance shows up on a drug test and the employee doesn't have a prescription or didn't disclose the consumption, he or she could be subject to a medical review and possible disciplinary action. "We rely heavily on doctors to make the determination," Stapleton said. In the case of medical marijuana, impairment may be more difficult to prove and the substance has a distinctive odor that raises other issues, she said. "Is smell alone going to warrant reasonable suspicion to test for impairment?" Ken Strobeck, executive director for the League of Arizona Cities and Towns, said the organization is aware of workplace challenges and will host a training session for municipal officials with human resources attorneys next month. "Historically, cities have had a zero tolerance for any kind of drug use, so we're having this training session so everyone can get on the same page," he said. The league also has been working with cities to draft model zoning laws for marijuana dispensaries and cultivation. The state gives municipalities the right to regulate locations, but Strobeck said months of communication and brainstorming has made it easier for everyone. Gilbert zoning administrator Mike Milillo praised Strobeck for promoting information-sharing and ordinance proposals even before voters approved Proposition 203 in November. "He took the bull by the horns and developed a model ordinance; he picked the brains of attorneys throughout the state to borrow from the best strategies. And by networking early on we could see what all the other communities were doing," Milillo said. The process of drafting zoning laws, taking them to public hearings and voting on them has been relatively free from controversy in the Southeast Valley. Early concerns about security were addressed in recently released state Health Department rules that require an electronic security system that provides state access to video surveillance. Gilbert's draft law and Queen Creek's ordinance restrict dispensaries to commercial and industrial areas, not shopping centers. Ahwatukee Foothills under Phoenix's law relegates them to shopping centers. Most of the Southeast Valley cities' laws and proposals limit growing operations to industrial and commercial land, but they will be allowed on agricultural plots in Phoenix. Special use permits will be required in Phoenix and Queen Creek and likely will be required in Chandler but not in Mesa and Tempe. [sidebar] MORE ON THIS TOPIC Since voters passed Proposition 203, making it legal for doctors to prescribe medical marijuana, cities and towns have been drafting regulations for places that sell and grow it. Municipalities don't have a lot of time; the program is expected to be fully functioning by this summer. Mesa: A zoning ordinance is being written and will go to City Council early next year. Council discussions have favored limiting dispensaries to commercial and industrial areas and requiring cultivation on industrial land. The city is expected to restrict size and hours of dispensaries and distance from schools, churches and parks but is not expected to require use permits. Updates: mesaaz.gov. Chandler: City zoning officials are drafting an ordinance that will go to the Planning Commission in January and the City Council in February. Early discussions have included a use-permit requirement, distance and zoning limitations adopted by other cities. Officials also are studying implications for municipal personnel and workplace drug testing. Updates: chandleraz.gov. Gilbert: A draft ordinance is set for a Town Council hearing in January. It would limit dispensaries and cultivation to industrial areas and require a use permit. It also sets required distances from homes, parks, churches and schools. Details: gilbertaz.gov/planning/pdf/MedicalMarijuana.pdf. Tempe: A draft ordinance will go to the City Council in January. It would limit dispensary locations to commercial and industrial locations but not require a use permit. A map on the municipal website indicates most eligible locations are near freeways or in industrial parks. Details: tempe.gov/zoning/medicalmarijuana.htm. Ahwatukee (Phoenix): City Council approved a zoning ordinance this month. It requires use permits and limits dispensaries to commercial shopping centers. Phoenix also limits growing facilities to industrial/warehouse districts and agricultural land. Distances are required from churches, homes, parks and schools. Details: phoenix.gov. Queen Creek: Town Council approved a zoning ordinance this month that requires use permits and limits dispensaries to commercial and industrial districts. The ordinance also sets distance requirements from schools, parks, churches and other dispensaries and the town posted maps of potential locations. Details: queencreek.org. - --- MAP posted-by: Richard Lake