A bill, introduced by Sen. Steve Pierce, R-Prescott, excludes medical marijuana growth from “general agricultural purposes,” one of a few categories that counties are prohibited from regulating with their zoning laws.
Concerned about medical marijuana co-ops attracting blight and crime to residential neighborhoods, Yavapai County Attorney Sheila Polk is pushing the bill that would reaffirm counties’ zoning authority over marijuana and cannabis cultivation.
Ryan Hurley, director of the Rose Law Group Medical Marijuana Department, told Arizona Capitol Times he doesn’t begrudge Polk for trying to clarify the law, and that no one in the medical marijuana community is trying to argue that growing cannabis falls under the definition of an agricultural purpose. But Polk’s concerns won’t be realized as long as the state moves forward with the full implementation of the Arizona Medical Marijuana Act and dispensaries begin to open throughout the state this year, he said.
By clarifying the definition of an agricultural purpose, Yavapai County would be ensured its authority to prevent co-ops, also known as compassion clubs or cannabis clubs, from sprouting up in the county near schools and churches and in residential zones, Polk said.
Patients and caregivers within 25 miles of a dispensary will lose their rights to cultivate medical marijuana once a facility is open, providing a natural barrier in most cities and counties. And as more dispensaries open, the need for co-ops – which opened as an alternative to dispensaries while Arizona’s medical marijuana implementation was caught in legal battles – will decline, said Hurley.
Arizona’s law-abiding medical marijuana community is just as concerned with compassion clubs as Polk is, said Hurley. The clubs have operated in a legally gray area: they provide patients access to donated marijuana, but typically after charging a fee to join the club.
“They were never intended to be part of the law. Frankly, in my opinion, these are illegal,” Hurley said. “Unless they really are just donating to the patient, which few are, they’re illegal.”
Information from Arizona Capitol Times
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“It is unfortunate that the Federal Government will continue to obstruct research into the medical efficacy of cannabis, “Hurley wrote. “This makes it even more important for State MMJ programs to continue so research can confirm what millions of patients already know: Cannabis is medicine.”
