The medical marijuana dispensary in Fountain Hills is asking the town to reconsider the hours of operation restrictions set in the Zoning Ordinance.

In a letter to Bob Rodgers, town planner and zoning administrator, Mark Steinmetz, operator for Nature’s AZ Medicines calls the town ordinance “far too restrictive, unfair and prejudiced.

The town ordinance allows for operation of the medical marijuana dispensary between the hours of 9 a.m. and 5 p.m. Monday through Friday.

“Nature’s AZ Medicines in Fountain Hills has operated within all of the requirements of (the town ordinance) including the hours of 9 a.m. and 5 p.m. Monday through Friday despite patient inconvenience and dissatisfaction of local access to their prescribed medications,” Steinmetz said.

He also notes that the Arizona Medical Marijuana Act (Proposition 203) approved by voters authorizes communities to allow dispensaries to operate between the hours of 7 a.m. and 10 p.m. seven days a week.

“Competing communities nearby the Town of Fountain Hills accommodates greater access to its ADHS licensed dispensaries,” Steinmetz said.

He cites the hours allowed by the City of Phoenix (8 a.m. to 7 p.m.); City of Scottsdale (6 a.m. to 7 p.m.); City of Tempe (8 a.m. to 6 p.m.) and the City of Mesa (8 a.m. to 9 p.m.)

“It is proposed in this request to amend (the town ordinance) to allow Nature’s AZ Medicines to serve its Fountain Hills patients outside of their traditional work schedules for convenience of its community residents,” Steinmetz said. “We respectfully request that the Zoning Ordinance be changed to accommodate operating hours enjoyed by traditional pharmacies, and consistent with the City of Mesa’s hours for its five medical marijuana dispensaries, 8 a.m. to 9 p.m. Monday through Sunday.

Steinmetz said Nature’s AZ Medicines in Fountain Hills has had an exemplary record during its six months of operation with no incidents of crime or violations of the ordinance.

“Anyone who has invested any amount of time observing our medical facility can attest to its medical legitimacy in this community,” Steinmetz said. “Its patients are deserving of their access to this alternative herbal medicine and should not be discriminated against.”

The letter from Steinmetz is dated Dec. 26, and the application for a zoning text amendment was filed on Jan. 28.

The Planning and Zoning Commission will hold a hearing and consider a recommendation to the Town Council.

The council will also hold a public hearing prior to council discussion and consideration of the amendment request.

The Planning and Zoning Commission is scheduled to hear the request on Thursday, Feb. 27, and it is expected to be before the council on Thursday, March 20.