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Phoenix Seeks Balance In Governing Medical Marijuana
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: Lynh Bui
PHOENIX SEEKS BALANCE IN GOVERNING MEDICAL MARIJUANA
Medical marijuana is legal in Arizona, but don't expect grow houses
and dispensaries to pop up in your neighborhood overnight.
Phoenix recently approved several zoning changes that will restrict
where dispensaries and other medical marijuana related uses can go in
the city.
Those hoping to get into the medical marijuana-business will have to
comply with rules the Arizona Department of Health Services is
formulating, which dictates who can prescribe and receive a
prescription for medical marijuana and how to ensure facilities are
secure.
Phoenix Planning and Development Services Director Debra Stark said
about 55 percent of voters in the city supported the medical-marijuana
initiative.
Stark said the city tried to strike a balance with its zoning laws
that would be strict enough to protect the community and
neighborhoods, but not too strict that they wouldn't be allowed in the
city at all.
Phoenix divided medical marijuana land uses into three
categories:
Retail sales/dispensaries: Where patients can purchase medical
marijuana. Sales will only be allowed in C-1 and C-2 zoning, which are
generally strip malls and commercial retail centers. This covers many
of the city's major intersections and streets. But that doesn't mean
every neighborhood shopping center will be overrun with
medical-marijuana facilities. The state has put a limit on
dispensaries allowed in Arizona. The rules allow for one dispensary
for every 10 pharmacies, so Arizona will have about 125 dispensaries
statewide.
Grow facilities: Where marijuana will be grown or cultivated to supply
dispensaries. In Phoenix, grow facilities will only be allowed in
areas zoned for heavy industrial or agriculture (S-1, S-2, A-1, A-2).
Most of these land uses are in south Phoenix or far north Phoenix.
Though, Stark said Phoenix does not expect many grow facilities in the
city.
Infusion: Where marijuana is blended into balms, lotions and food.
While baking brownies may seem like a benign task, Phoenix is
considering it manufacturing, so infusion facilities will be limited
to heavy industrial areas (S-1, S-2).
South Phoenix has much of the zoning available for grow facilities,
but Stark said medical marijuana will likely be cultivated in northern
Arizona where the temperatures are cooler.
Growing in the Phoenix summer could prove to be expensive as green
houses and other facilities would require a lot of electricity to
regulate temperatures.
Any medical marijuana related industry in Phoenix will have to get a
$1,380 use permit from the city. Of the largest cities in the state,
Phoenix is one of the few that is requiring a use permit. Mesa,
Scottsdale and Tucson are looking at or have adopted regulations that
allow the facilities as a "use by right," which means they don't need
permits but must follow the cities' distancing and zoning
regulations.
Phoenix will limit the size of dispensaries to no more than 2,000
square feet and also require facilities to be a certain distance away
from schools, bars, homes and churches depending on the location.
Medical-marijuana buildings will have to be at least a mile away from
each other.
Eric Johnson, founder of The Healing Phoenix, said he plans to open a
dispensary in the Encanto area, where he hopes to serve the gay
community. He said the city's zoning regulations for medical marijuana
is a "perfect compromise" for neighborhoods that don't want
dispensaries "showing up in their backyard" and those who will be
medical-marijuana facilities to serve patients.
"Finally, patients get to have the medication that they deserve,"
Anderson said.
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