Mark Steinmetz, operator of Nature’s AZ Medicines, the medical marijuana dispensary in Fountain Hills, got an endorsement of sorts from the Planning and Zoning Commission last week.

The commission voted 5-0 to recommend the Town Council amend the Zoning Ordinance to allow additional operating hours, just not as many being sought by Steinmetz.

Currently the Zoning Ordinance allows the dispensary to operate from 9 a.m. to 5 p.m. Monday through Friday.

The request was to expand those hours to 8 a.m. to 9 p.m. seven days a week. The commission approved a motion to recommend 8 a.m. to 7 p.m. Monday through Saturday.

The Fountain Hills Coalition came with several speakers ready to challenge the request.

Steinmetz had with him attorney Melvin McDonald. During the build up for the medical marijuana initiative, McDonald became known as a former Superior Court judge and former U.S. Attorney for Arizona who came out in support of the initiative.

McDonald related the story of his son who sustained a severe brain injury at age 14, and how his wife lived in the shadows obtaining marijuana for their son for a number of years. McDonald himself lived with the secret those years.

He said the Medical Marijuana Act has freed them as a family to come out of the shadows.

Dwight Johnson, a coalition board member, spoke about how he and his wife have worked hard to keep their teen son drug and alcohol free. He said he believes they have been successful, but is concerned about the added hours creating more opportunity to access the marijuana.

Carole Groux, who founded the Fountain Hills Coalition, said a survey of high school seniors in 2010 indicated that 20 percent had used marijuana. When the survey was repeated in 2012 the number had increased to 27 percent.

“When you have increased availability, you will have increased use,” Groux said.

Maria Perreault, another Coalition member, also said the accessibility is an issue.

“You should not be putting profitability ahead of our children,” Perreault said.

Pro arguments

Laura Mehlman, a dispensary client, said the request for the extended hours has nothing to do with drug use. She said this is about business and the people in the town having to suffer due to a lack of availability of medical marijuana.

Steinmetz told the commission that the dispensary could not be more secure, with an armed guard monitoring access and limiting patient access to high security areas.

He noted there is adequate lighting around the facility and 16 security cameras.

It was also noted that the Maricopa County Sheriff’s Office had reported no incidents at the dispensary since it opened about six months ago.

Steinmetz said that while he asked for 9 p.m. and Sunday hours, he was using the hours permitted in Mesa. He said he probably will not be open longer than 7 p.m., which is about the time he closes his Phoenix store near downtown.

He also said he is not open Sundays, but would like to have the option without returning for a further amendment.

Commissioner Gene Slechta said he believes Steinmetz’s request is consistent with the stated goals of the Zoning Ordinance related to “promot(ing) the public health, peace, safety, comfort, convenience and general welfare of the citizens.”

“I can see that this would not be fulfilling those objectives of the ordinance,” Slechta said.

Commissioner Mike Archambault said he has been in the community for 42 years, when there was little but dust and desert, and he said drugs were accessible at that time.

“So far (Steinmetz) has met the requirements and lived up to meeting the needs of the citizens,” Archambault said.

“I think there should be a little leeway; they have demonstrated they can take the next step.”

The motion was to amend the allowable hours to 8 a.m. to 7 p.m. Monday through Saturday.

Commission Chairman Lloyd Pew said he does not favor the later 9 p.m. hour and seven days a week, but he would support the reduced proposal.

The 5-0 vote came with the absence of Commissioner Angela Strohan and a vacancy on the commission created by the resignation of Richard Turner.

The council is scheduled to consider the request Thursday, March 20.