The Planning and Zoning Commission is recommending the Town Council approve a request from the Fountain Hills medical marijuana dispensary to expand its hours of operation and allow delivery of its product to patients.

Mark Steinmetz of Sixth Street Enterprises, which operates a Nature’s AZ Medicines in Fountain Hills, made the request asking for a Zoning Ordinance amendment that proposes to allow the dispensary to operate between the hours of 8 a.m. and 10 p.m. daily, as well as allow for the delivery of products.

Currently the ordinance allows for operation between the hours of 9 a.m. and 7 p.m. It also specifically prohibits delivery of product.

Current state law allows dispensaries to operate between the hours of 7 a.m. and 10 p.m. Staff reports based on its research there are a variety of hours of operation permitted in Valley communities. Several allow for 9 p.m. but only Chandler allows operation until 10 p.m.

Commission members had a number of questions for Steinmetz, particularly as it relates to the security of the delivery program.

Steinmetz said deliveries would be made only by dispensary employees, who are screened by the state Department of Health Services, which includes background checks and fingerprinting.

Drivers are also subject to rules calling for a specific route plan before delivery.

Steinmetz said they will be using unmarked vehicles, in most cases personal vehicles, and there will be no advertising and signs identifying the dispensary. Drivers are also required to have a cell phone or communication device.

Deliveries are also limited by law to the hours of operation.

Steinmetz said he estimates that delivery volume could account for five to 10 percent of business.

“This is not a great number, but we receive calls from homebound or people unable to drive, wanting some way to get our products,” Steinmetz said. “I hope we have earned the trust of the community since 2013. We have had positive results and our business is growing.”

Staff reports that the town has received no complaints regarding the operation of the dispensary, and Maricopa County Sheriff’s Office reports no issues related to the business including incidents requiring the attention of law enforcement.

In a proposal narrative, Nature’s AZ Medicines indicates it has received strong customer feedback desiring longer hours of operation. It is stated the local dispensary has regular customers who come from as far away as Yuma and Page and the restricted hours make it difficult for these clients to get there.

“[We are} sensitive of the misperception and social stigma often associated with medical marijuana dispensaries and we have worked to prove that is not the case with this property,” Steinmetz said in a written statement to staff. “Based on the applicant’s experience and nature in which the business has operated, we have demonstrated the use can be operated responsibly, safe and discreetly.

“The request for changes in operating hours will help ensure the public health, safety and welfare while providing better patient access to the medication.”

Sixth Street Enterprises, Inc. is a national company, according to Steinmetz. There is a second dispensary in the Phoenix area and they have licenses in Pennsylvania, Maryland and Michigan. They currently have applications for licenses in other states pending.

The Town Council will consider the commission recommendation when it meets on Tuesday, Aug. 13.