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Council allows longer hours for marijuana dispensary

Posted 5/27/15

After about 90 minutes of presentation and discussion the Town Council granted the local medical marijuana dispensary an additional eight hours of operation each week.

The council split its vote, …

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Council allows longer hours for marijuana dispensary

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After about 90 minutes of presentation and discussion the Town Council granted the local medical marijuana dispensary an additional eight hours of operation each week.

The council split its vote, 4-3, with Vice Mayor Dennis Brown, and Council Members Nick DePorter, Cassie Hansen and Alan Magazine supporting the change.

Mayor Linda Kavanagh and Council Members Henry Leger and Cecil Yates opposed.

It may have been a change of heart and a proposed compromise on the part of Mark Steinmetz, owner and operator for Natures AZ Medicines, which prompted the needed four-vote support.

Steinmetz had originally asked for and presented to the Planning and Zoning Commission a request that allowed him to open the dispensary between 8 a.m. 10 p.m. seven days a week.

The commission had recommended the council deny that request. However, last week Steinmetz proposed a change to allow the store to be open from 9 a.m. to 7 p.m. seven days a week, which is some 28 fewer hours than originally requested.

This is what the council eventually accepted.

The major difference is now Sunday hours are permitted, which were not allowed previously.

The approval came with a caveat, however, as all four of those supporting the change told Steinmetz not to come back with another request for an increase while they were serving. They all said they would not support further operating hours.

Steinmetz’s side made a 45-minute presentation that included the personal story of attorney Melvin McDonald and how he was converted from a law and order federal prosecutor as U.S. Attorney for Arizona and a Superior Court judge to a supporter of medical marijuana after his step-son sustained a debilitating brain injury in a car accident.

Dr. Carol Jamison spent significant time talking about the medical advantages of marijuana over conventional chemical drugs.

Magazine even stopped Jamison during her presentation and asked how that pertained to the hours the dispensary operates.

Jamison said her objective was to educate the council on the benefits of marijuana as medicine so they would be able to respect the dispensary on the same level as a pharmacy.

Mayor Linda Kavanagh stopped Steinmetz during a video presentation from a Scottsdale doctor who was unable to be physically present for the meeting. Kavanagh said they had heard enough.

The council seemed generally unswayed by the lengthy presentation and focused instead on the question of hours of operation.

“I respect your positions and the very civilized dialogue, and I appreciate the information,” Leger said.

“We are not here to litigate the merits of medical marijuana, but simply make a decision whether to expand hours.”

“We have heard a lot of facts and I too appreciate the civility of the discussion,” Brown said. “I don’t believe it is government’s position to tell a business owner how to run their business.

“They have been open for two years and in that time I have had virtually no feedback from anyone regarding issues with the business. I’m willing to support the 9 a.m. to 7 p.m. hours, but don’t come back.”

Kavanagh said she believes it is a safety factor, particularly with the location.

“I don’t want to invite a robbery like there was at a dispensary in Phoenix recently,” Kavanagh said. “I believe this dispensary was meant to serve the people of Fountain Hills and the current hours are adequate.”

Shelly Mowrey, director of the Fountain Hills Coalition Against Substance Abuse, led those opposed to the proposal.

“The applicant has given you a lot of ‘razzle dazzle,’” Mowrey said. “I want to give you just five important facts to consider.”

She noted that Arizona law requires that dispensaries be allowed to operate only 30 hours per week.

Six pharmacies in Fountain Hills operate on average 72 hours per week.

Voters in other states have had huge “buyers’ remorse” over approving medical marijuana.

The dispensary is using catchy names for marketing their various marijuana products. “Are we talking about medicine or ‘Joe Camel’ for kids,” Mowrey said.

She also emphasized that a survey of high school students in Fountain Hills indicated that more than one quarter of those who smoked marijuana get it from medical marijuana card holders.

Kavanagh stated that is also a concern that she has regarding access to marijuana.

Councilman Henry Leger asked for clarification that it is illegal for someone with a medical marijuana card to sell it to someone else and was told it is.

Maricopa County Sheriff’s Capt. Dave Letourneau told The Times his office has never been given any information related to card holders selling to anyone else. However, he said if they were presented a situation they could work with they would investigate.

Letourneau said in most instances if a deputy arrests someone in possession of marijuana, it would be near impossible to tell where it came from unless the suspect told them where they got it.