Dispensaries can be within 500 feet of preschools, Arizona appeals court rules

The Arizona Court of Appeals has ruled that a voter-approved law legalizing medical marijuana cannot be used to keep dispensaries at least 500 feet away from preschools.

The Department of Health Services is prohibited from licensing a dispensary within 500 feet of an existing public or private school. Writing for the majority, Judge David Gass acknowledged the law does not define "school.''

But he said preschools are licensed daycare facilities, even if they provide some educational programs.

Dissenting Judge Andrew Jacobs said framers of the law plainly intended to keep marijuana away from children, and to keep those businesses away from schools.

But Gass said the judges have to look at the written language of the law, and not just how they interpret intent.

The statute says those seeking to open marijuana dispensaries have to provide an address for where it will be sold and where it will be cultivated, "neither of which may be within 500 feet of a public or private school'' already in existence.

This case came to the court because a company that was denied a license complained that the successful applicant was disqualified because the site was within 500 feet of two preschools.