Pubdate: Sat, 14 Jan 2012
Source: Verde Independent (AZ)
Copyright: 2012 Western News & Info, Inc
Contact: http://verdenews.com/Formlayout.asp?formcall=userform&form=1
Website: http://verdenews.com/
Details: http://www.mapinc.org/media/4433
Author: Jon Hutchinson

FOR CITIES & TOWNS, MEDICAL MARIJUANA IS ONLY A ZONING QUESTION

COTTONWOOD -- When and if the medical marijuana state law created by 
the voter initiative is active again, cities and towns only may make 
zoning restrictions.

Long range planner Charles Scully of the City of Cottonwood is 
explaining to staff that the selection process that is established in 
the initiative has never actually gotten under way, even though a 
number of agents looked at Cottonwood's zoning and eyed properties at one time.

"The order to issue dispensary permits really means ADHS can start 
the multi-step process to review and award the permits. That is how 
the law the voters approved lays it out. It is a lengthy process," 
Scully explained.

"Assuming there are no other challenges by the state, then step one 
for ADHS is the review of applications and issuing of a Dispensary 
Registration Certificate in each of the designated areas. Will they 
issue them based on applications already received or open up the 
deadline to allow adjustments? I would anticipate this would be an 
issue based on the process applicants went through to identify and 
secure potential locations as required for the initial application. 
Applicants had to have a specific location and many secured those 
with lease agreements or other commitments. Will they want to start 
over or request an extension to confirm potential locations? In any 
case, ADHS will need time to review the applications and contact 
applicants to see if they are still valid."

Scully says that process could take several weeks.

"Only one application in each designated service area gets awarded 
the Dispensary Registration Certificate. Then those awarded 
certificates have 60 days to apply for the Approval to Operate. The 
Approval to Operate application includes all kinds of technical 
requirements, such as detailed background checks, financial 
assurances, fees, development plans, etc. The selected applicants 
have 60 days to prepare and submit that final application. That is 
when they also must document City approval, such as Certificate of 
Occupancy or other approval.

Once ADHS receives the complete application to operate they have 
another period to review to ensure compliance and that could take 
another 60 days or more to certify. Even if there are no more legal 
challenges, it could potentially be 6 months or more before a 
dispensary starts developing their site. It would be a minimum of 3 
or 4 months before the final approval if ADHS is ready to issue the 
Registration Certificates.

The first thing to watch for is whether the applicants request an 
extension on the filing or re-filing of initial applications for the 
Dispensary Registration Certificate.

Scully believes many of those earlier commitments for potential 
locations or lease agreements have long since expired.

"Some may be valid but others may want a chance to re-submit without penalty."

If the application deadline is opened back up, that would lead to 60 
days to review before awarding Dispensary Registration Certificates 
and then 60 days for those awarded to submit the Approval to Operate 
application. And then possibly 60 or more days for ADOH to certify 
that application.

So nothing will happen soon or unexpectedly, says the City Planner. 
Cities will have a good amount of advance notice and good details 
since the Application for Approval to Operate requires written 
documentation from the jurisdiction that they are in compliance and 
have necessary approvals, permits, etc.
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MAP posted-by: Jay Bergstrom