Pubdate: Wed, 02 Mar 2011 Source: Arizona Republic (Phoenix, AZ) Copyright: 2011 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: Lindsey Collom Referenced: Arizona Medical Marijuana Act http://www.azdhs.gov/prop203/ Bookmark: http://www.drugsense.org/cms/geoview/n-us-az (Arizona) ARIZONA TRIBE'S MARIJUANA-LAW REQUEST DISMISSED Gila River Indian Community officials have asked Pinal County supervisors not to locate pot dispensaries within a mile of their borders because they don't recognize medical marijuana and will prosecute anyone who tries to sell or use it on tribal land. A letter signed by tribal Gov. William R. Rhodes said the county's cooperation would support his community's stance against medical marijuana and help "reduce secondary effects and issues that could arise from dispensaries being located within a mile of the community's boundary." The community later clarified those secondary effects as safety hazards, traffic issues and "ancillary crimes," including armed robberies, burglaries and drug dealing. Pinal supervisors last week approved a medical-marijuana ordinance without accommodating the tribe's Feb. 14 request. The ordinance dictates zoning rules for dispensaries and related facilities, and went into effect on approval. Jerry Stabley, Pinal County planning director, told supervisors the tribe's request was not reason enough to justify a change to the ordinance. "What we'd be doing is taking hundreds of miles and say in those sections of land you cannot have a dispensary," Stabley said. "If we choose to go down this road, we need to extend this to all communities." County officials have been pushing to get the ordinance on the books before the state health department comes out with its own guidelines, expected later this month. "We didn't have time to seriously debate whether or not we could do as (the tribe) requested," said Pinal County Supervisor David Snider, whose district includes the Gila River community. "At a future date, we may well have a discussion about an amendment to our policy with regard to this issue." If not a policy change, Snider said, supervisors could consider the tribe's request on a case-by-case basis when dispensaries seek to operate on unincorporated county land. In November, voters passed Proposition 203, allowing qualifying patients with certain debilitating medical conditions to receive up to 2 1/2 ounces of marijuana every two weeks from dispensaries or cultivate up to 12 marijuana plants if they live 25 miles or farther from a dispensary. The state's medical-marijuana rules have yet to be finalized, but the program is expected to be fully functioning by late summer or early fall. Gila River spokeswoman Alia Maisonet said the tribe submitted comment to the Arizona Department of Health Services regarding its medical-marijuana draft regulations, in addition to sending letters like Pinal County's to each surrounding municipality. The Gila River Indian Community has about 11,550 members and is located on a 372,000-acre reservation just south of Phoenix, Tempe and Chandler. "The community just doesn't want to open that door to the reservation," Maisonet said of the potential for nearby dispensaries. "We're working diligently to try and correct the substance-abuse issues that we currently have and we feel that it wouldn't help." Pinal County's new law puts pot outlets in the same zoning category as general business, amusement or recreational enterprises - basically, strip malls. A number of Arizona communities have proposed or approved ordinances restricting medical-marijuana to industrial zones. Under the new Pinal County law, medical-marijuana dispensaries, grow houses and food producers must obtain special-use permits that are subject to renewal every two years. Up to 12 pot dispensaries could operate in Pinal County, according to draft guidelines by the state health department. Only eight may be subject to county rules. The other four are on reservations. - --- MAP posted-by: Richard Lake