The Planning and Zoning Commission is being asked this week to consider a proposal for an amendment to the Zoning Ordinance that would allow the medical marijuana dispensary in Fountain Hills to operate longer hours.

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

Mark Steinmetz, operator for Nature’s AZ Medicines, in a letter to Town Zoning Administrator Bob Rodgers calls the town ordinance “far too restrictive, unfair and prejudiced.

“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 in the letter.

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.

Steinmetz is asking for authorization to operate between the hours of 8 a.m. and 9 p.m. seven days a week.

The Town Council adopted an amendment to the Zoning Ordinance to accommodate the AMMA, which included the operating hours.

Various other restrictions were placed on the business such as operating within the C-3 Zoning District, spacing requirements from residential, parks, schools and churches as well as employing various security measures.

“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.

He asked 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.

Rodgers notes that staff has received no complaints regarding the operating hours of the dispensary, other than those expressed by the applicant.

The Maricopa County Sheriff’s Office has indicated there have been no reported incidents related to the dispensary involving law enforcement since Natures AZ Medicines opened last summer.

The Planning and Zoning Commission will meet Thursday, Feb. 27, at 6:30 p.m. in council chambers at Town Hall. The session is open to the public and the meeting will include a public hearing on the issue.