Town Applies Most Stringent Rules Possible For Sale of Recreational Marijuana

Winfield: "Most stringent rules adopted"

Voters approved the sale of recreational marijuana in Arizona last week. Each town can apply its own rules to the sale of this product. State law does not allow a town to outright ban the sale of this product. 

Oro Valley Town Council has created a set of rules that "...maximizes the protection of the community to the extent of the law", according to Mayor Joe Winfield. 

Public safety is the primary issue

Retail sales of marijuana does present a major public safety hazard. As Council Member Solomon noted at last week's council meeting, the sale of this product is prohibited by federal law. Thus, credit cards can not be used. It is a cash business.  This factor alone can draw crime to the facility not only terms of significant cash on hand; but also because the facility could be use to "launder" drug money. In addition, Solomon noted that in California, where retail sales are allowed, large groups tend to congregate around the retail store. Fortunately, Oro Valley is not California.

Council Member Greene has observed the link between marijuana potency and schizophrenia. Marijuana is more potent than in years past because of changes in cultivation. "The more potent the marijuana and the higher likelihood of schizophrenia." It can be especially impactful on young smokers."

Key rule: No freestanding retail "pot shops"

Pot can only be sold in a medical marijuana store

The town looked to guidelines provided by the Arizona League of Cities and Towns and to recently established rules by the towns of Gilbert and Sahuarita to craft its ordinances. 

The most important of these is that a town can determine recreational marijuana can only be sold in a non profit medical marijuana establishment in a shared space. These businesses are already restricted (see panel right). Oro Valley adopted this approach.

Oro Valley has no medical marijuana facilities

Oro Valley's medical marijuana sale regulations are tight. Perhaps that is why there are not such stores in the town. Those that want to sell marijuana can only do so in areas designated as red or pink in the map above. Sales are prohibited in areas surrounding schools, churches, public parks, libraries and substance abuse treatment centers.

Many homeowner associations have their own parks. These are not public parks. HOA's will need to post "no smoking" signs in their parks if they wish to prevent marijuana consumption.

There can be no drive-thru facilities. That includes a truck driving around the community selling marijuana. The retail store can be no more than 2,000 square feet. Storage areas must be limited. Stores must be closed by 10 and a store can only cultivate the plant indoors.

Oro Valley's rules promote conformance with the general plan

Oro Valley's recreational marijuana rules are consistent with what the community wants. The general plan states that we want a "...safe community with low crime, safe neighborhoods and positive relationships between enforcement and community members." Also, the rules protect vulnerable populations and allow retail locations in specific buffered areas. 

Emergency Declaration

The resolutions take effect immediately.

Still a risk to you of smoke from your neighbors

One area that the rules do not cover are the smell of "weed" wafting into your home residency from a neighbor's use. They are free to light up as they wish and there's nothing you can do about it.  This can be a problem for those living in apartments or owners of the many thousands of homes in areas with small lots.

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Heather's Corner: Town of Oro Valley Publicly Gives Medical Marijuana a Bad Rap

I would like to start off by saying I am not a medical marijuana crusader. But it should not be myself nor anyone else to judge the proven positive medicinal effects on those that may warrant it's use.

Our Town of Oro Valley has a medical marijuana dispensary, Catalina Hills Care, which opened in June, 2013. The facility offers a variety of educational materials pertaining to medical uses, side effects, and contraindications of the use of this drug. They employ qualified staff who are more than willing to ensure "the best patient care."

Medical marijuana is becoming more nationally accepted, I expect that it's use will remain controversial for some time to come.

What I do not expect is biased, negative, and non factual information regarding the use medical marijuana that the Town Of Oro Valley is presenting to our community via its web site.

The Town Of Oro Valley's website has several pages pertaining to information about medical marijuana titled: "Questions and Answers on Medical Marijuana," "Medical Marijuana," and "Marijuana Fast Facts." There was some very interesting information about the statistics of medical marijuana users in Arizona.

I was appalled, however, by what the town presents as facts. These "facts" are opinions and moral judgments, cloaked in what should be a neutral town website ("Marijuana Urban Myths"):

Item 3
"Marijuana is all right because it is natural! – False. So is Poison Ivy. You don’t want to smoke or ingest that." 

Does the following seem ludicrous and patronizing to you or am I missing something?

Item 5
"We can just legalize it and tax it, just like alcohol! It will be a government windfall! – False. We already tax alcohol and cigarettes. The amounts recovered from them cover less than one tenth of the actual costs to society. The same is true for marijuana. As mentioned above, marijuana is addictive. Doesn’t it seem morally wrong for your government to create new addicts just in order to make money?" 

It is inconceivable to me that I am reading this on the website representing the people of our community. It seems morally wrong that Oro Valley would try to manipulate it's residents by publishing this type of nonsense.

Item 6
"Marijuana is safe because they call it medicine (I)!- False. Marijuana is marijuana. Marijuana smoke is 70% worse for you than regular cigarette smoke in both carcinogens and other harmful chemicals."

This statement, item 6, is simply misleading.  Smoking is not the only way to use it medically. There are a variety of ways it can be used medically that are proven a safe such as edibles, teas, tinctures, and topical.

Item 8
"Marijuana is safe because it is medicine (III) . “Medical” Marijuana is not medicine for the following reasons: D) How many prescriptions let you decide if you are going to take your medicine all at once on the first day, or a lot the first day and then a little for another two weeks, or just skip doses whenever you want? “Medical” marijuana users can do all of the above plus more." 

This item assumes that medical marijuana users are unable or unwilling to follow a regimen. One, of course, could make the same argument for users of legally prescribed and widely accepted narcotics like the depressants Nembutal, Valium, or Ambien or opioids and morphine derivatives like codeine and Percocet. Is it fair to assume the Town of Oro Valley is against these medicines as well?

The bottom line is that medical marijuana is legal in Arizona. It is legally sold in Oro Valley. For the Town Of Oro Valley to have a web page telling why it is a bad thing is wrong. It's not their job.

I ask the Town of Oro Valley to reconsider the unconscionable wording on their information about medical marijuana and misuse of resources to deny what is a legal right.. What they have published violates public trust because so many of their "facts" are incorrect, misleading, or simply rank ignorant opinion.

A portion of Arizona's 37,598 certified medical marijuana users live here in Oro Valley, including one of my dear friends with Multiple Sclerosis. Oro Valley should be respectful of their individual chosen paths to wellness as well as to Catalina Hills Care.

What do you think?
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Heather Nenadovich has lived in Oro Valley for 6 years. She has a B.A. in Psychology from the University of Arizona. She loves gardening, nature, art, and travel. Currently her two young children fill up most of her days (and nights) with chaotic bliss. Oro Valley favorites: memorial bench at the entrance of Romero Canyon Trail in Catalina State Park, Toscana Studio and Gallery, Oro Valley Fall Festival, the gumption and determination of Oro Valley residents!