Title
ORDINANCE Amending Title 4, Chapter 4-33 of the San Leandro Municipal Code Pertaining to Medical Cannabis Dispensary Permits
Body
Section 1. RECITALS
WHEREAS, in 2013, the City Council for the City of San Leandro adopted an ordinance that established a procedure by which it could award permits for the dispensing of medical cannabis, in accordance with State law. That ordinance is Chapter 4-33 of the San Leandro Municipal Code; and
WHEREAS, the City Council also amended the Zoning Code to establish the land use parameters for the location of medical cannabis dispensaries; and
WHEREAS, the City Council analyzed, prepared and adopted its ordinance on the State law prevailing at the time, namely the Compassionate Use Act (Prop. 215, 1996), the Medical Marijuana Program Act (SB 420, 2003), and the California Attorney General's Guidelines for the non-diversion of cannabis (2008); and
WHEREAS, the City Council amended the ordinance as necessary to comply with changes to State law, most recently to comply with AB 243, the Medical Marijuana Regulation and Safety Act, which is an amalgam of three bills that deal with different aspects of licensing and regulating commercial medical cannabis cultivation, manufacturing, distribution, transportation, sales, and testing; and
WHEREAS, the City Council, with the assistance and analysis of staff, has evolved its position on the dispensing of medical cannabis within the City, including the placement of a ballot measure on the 2016 general election ballot to establish a cannabis business tax; and
WHEREAS, the City Council finds that based upon and subject to its ordinance, and current State law, legal and procedural safeguards are in place to mitigate the primary and secondary effects on public health, and safety that medical cannabis dispensaries present.
Now therefore, the City Council for the City of San Leandro does O...
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