File #: 12-341    Version: Name: Ordinance Prohibiting Medical Marijuana Facilities
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 7/16/2012 Final action: 7/16/2012
Enactment date: Enactment #:
Title: Staff Report to Introduce for First Reading an Ordinance Adding Municipal Code Chapter 4-33 Relating to a Prohibition Against the Establishment and Operation of Medical Marijuana Cooperatives, Collectives, Dispensaries and Cultivation Facilities in the City of San Leandro
Sponsors: Luke Sims, Sandra Spagnoli, Jayne Williams
Attachments: 1. Exhibit 1 - Alameda County and Alameda County Cities, 2. CPCA White Paper on Marijuana Dispensaries, 3. CPCA Sept-Dec 07, 4. CPCA Jul-Sept 08, 5. CPCA Jan-March 09, 6. CPCA April-June 09, 7. CPCA Oct-Dec 09, 8. CPCA July-Sept 09, 9. CPCA Jan-Mar 10, 10. CPCA Apr-June 10, 11. CPCA MMD and Associated Issues Presentation_011, 12. CPCA_Position_Paper_Decriminalization_Marijuana
Related files: 12-343
Title
Staff Report to Introduce for First Reading an Ordinance Adding Municipal Code Chapter 4-33 Relating to a Prohibition Against the Establishment and Operation of Medical Marijuana Cooperatives, Collectives, Dispensaries and Cultivation Facilities in the City of San Leandro

Staffreport
RECOMMENDATIONS

Staff recommends that the City Council introduce for first reading an ordinance to add Municipal Code Chapter 4-33 prohibiting the establishment and operation of Medical Marijuana Cooperatives, Collectives, Dispensaries and Cultivation Facilities in the City of San Leandro. Staff further recommends that the City Council schedule second reading of the ordinance at its September 4, 2012 regular meeting agenda, including a staff report on any developments that occurred since the ordinance’s introduction for first reading.

BACKGROUND

· In 1996 California voters approved Proposition 215, codified as Health and Safety Code Section 11362.5 et. seq., entitled “The Compassionate Use Act of 1996.” The intent of Proposition 215 was to enable persons in need of medical marijuana for specified medical purposes to obtain medical marijuana, and use it under limited, specified circumstances.

· The Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act of 1996, effective January 1, 2004.

· The San Leandro Municipal Code and Zoning Code are silent regarding the regulation of medical marijuana dispensaries and cultivation facilities.

· The City of San Leandro received inquiries regarding the permitting and establishment of medical marijuana dispensaries and marijuana cultivation facilities within the City due, in part, to other Alameda County cities’ laws and restrictions as well as the anticipation of voter approval of Proposition 19 or another state ballot proposition legalizing marijuana.

· Cities throughout California either prohibit medical marijuana dispensaries, marijuana cultivation facilities and other related activities, have a morat...

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