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. - --- MAP posted-by: Jay Bergstrom