Title
Status Report for Medical Marijuana Regulations
Staffreport
RECOMMENDATIONS
Staff recommends that the City Council direct staff to prepare an ordinance prohibiting the establishment and operation of medical marijuana cooperatives, collectives, dispensaries and cultivation facilities in the City of San Leandro.
BACKGROUND
· On October 4, 2010, the City Council adopted a 45-day interim urgency ordinance prohibiting consideration and approval of use permits, variances, building permits, start of new construction, or other entitlements for any establishment or operation of medical marijuana dispensaries, marijuana cultivation facilities, or other land uses that could have been proposed if Proposition 19 was approved.
· On November 8, 2010, the City Council held a work session to review legal issues related to medical marijuana dispensaries and cultivation facilities, including the Qualified Patients Association v. City of Anaheim (2010) case (Case No. G040077).
· On November 15, 2010, the Moratorium was extended by 10 months and 15 days to September 30, 2011.
· The City Council, at the February 28, 2011 City Council work session, directed staff to prepare an ordinance prohibiting Medical Marijuana Dispensaries and Cultivation Facilities.
· The City Council, at its May 16, 2011 meeting, indicated a desire to postpone a vote on a Medical Marijuana Dispensaries and Cultivation Facilities prohibition, pending additional information from other municipalities regarding their Medical Marijuana ordinances relative to cultivation facilities.
· On September 6, 2011, the Moratorium was extended by 1 year to September 30, 2012.
Discussion and Analysis
Legal Analysis
This analysis is in addition to earlier analyses by the City Attorney’s Office related to land use regulations concerning medical marijuana dispensaries, collectives, cooperatives, and grow facilities. Special recognition is attributed to the League of California Cities City Attorney’s Depart...
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