Title
PASS TO PRINT: An Ordinance Adding Municipal Code Chapter 4-33 Relating to the Prohibition Against the Establishment and Operation of Medical Marijuana Dispensaries in the City (establishes a ban on medical marijuana cooperatives, collectives, dispensaries and cultivation facilities, to sunset on June 30, 2013)
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The City Council of the City of San Leandro does ORDAIN as follows:
Section 1. Findings.
(A) On November 5, 1996, the voters of the State of California approved Proposition 215, codified at California Health and Safety Code § 11362.5 et seq. and entitled “The Compassionate Use Act of 1996” (“the Act” or “the CUA”). The intent of Proposition 215 was to enable persons who are in need of medical marijuana for specified medical purposes to obtain and use it under limited, specified circumstances.
(B) Despite voter approval of the Compassionate Use Act, various problems and uncertainties in the Act impeded law enforcement’s ability to interpret and enforce the law, and the uncertainties also hindered persons eligible to use marijuana for medical purposes from accessing marijuana, while many persons took advantage of the Act to use marijuana for recreational and not medicinal purposes.
(C) The California Legislature adopted Senate Bill 420, effective January 1, 2004, adding Article 2.5, “Medical Marijuana Program” to Division 10 of the California Health and Safety Code § 11362.7, et seq. (“the Medical Marijuana Program Act”, “the MMPA” or “Program”). The MMPA created a state-approved voluntary medical marijuana identification card program and provided for certain additional immunities from state marijuana laws. Health and Safety Code § 11362.83 also authorized cities and other local governing bodies to adopt and enforce rules and regulations consistent with the Program.
(D) While the MMPA intended to clarify the scope of the Act, neither the Federal nor the State government has implemented a specific plan “to provide for the safe and...
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