Title
Staff Report for an Urgency Ordinance to Amend the San Leandro Municipal Code to Prohibit Medical Cannabis Cultivation Activities, and to Affirm that Under the Principles of Permissive Zoning, Medical Cannabis Cultivation Is Not a Permitted Land Use Under the City of San Leandro Zoning Code
Staffreport
RECOMMENDATION
Staff recommends that the City Council approve, by a 4/5 vote of its membership, an urgency ordinance to amend the San Leandro Municipal Code to prohibit medical cannabis cultivation activities, and to affirm that under the principles of permissive zoning, medical cannabis cultivation is not permitted land use under the City of San Leandro Zoning Code, such that the State may not issue a license or permit for large scale and commercial medical cannabis cultivation within the City. Cultivation for personal use and distribution by primary caregivers under California Health & Safety Code section 11362.77(g) would be exempt under the new Ordinance, and under State law as it relates to land use regulations.
BACKGROUND AND ANALYSIS
By way of background, and as an overview of the State of California's law related to medical cannabis, California Health and Safety Code section 11362.5, the Compassionate Use Act of 1996 ("CUA"), authorizes a limited defense to criminal charges for the use, possession or cultivation of cannabis for medical purposes when a qualified patient has a doctor's recommendation for the use of cannabis. Health and Safety Code section 11362.7 et seq., the Medical Cannabis Program Act ("MMPA"), was adopted by the state legislature and offers some clarification on the scope of the Compassionate Use Act of 1996, and section 11362.83 specifically authorizes cities and other governing bodies to adopt and enforce rules and regulations related to medical cannabis. Neither the CUA nor the MMPA prevent a city from enacting nuisance and land use regulations regarding medical cannabis. A city is constitutionally authorized...
Click here for full text