Title
URGENCY ORDINANCE Establishing a Moratorium that Prohibits the Issuance of Greater Than Three Medical Cannabis Dispensary Permits
Body
Section 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in California Government Code Section 36937(b) and pursuant to all other applicable laws.
Section 2. Findings.
WHEREAS, Health and Safety Code Section 11362.5, the Compassionate Use Act of 1996 ("CUA"), adopted by the voters in the State of California, 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 Health and Safety Code Section 11362.777 specifically authorizes cities and other governing bodies to adopt and enforce rules and regulations related to cultivation of medical cannabis; and
WHEREAS, California Business and Professions Code section 19300 et seq., the Medical Cannabis Regulation and Safety Act ("MCRSA"), went into effect January 1, 2016, and consists of three separate bills, which were enacted together on Sept 11, 2015. The bill creates a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis. All licenses must also be approved by local governments; and
WHEREAS, the law went into effect on January 1, 2016, but the state has said it will need until January 2018 to set up the necessary agencies, information systems, and regulations to actually begin issuing licenses; and
WHEREAS, neither the CUA nor the MMPA nor the MCRSA prevent a city from enacting general regulations or prohibitions, nuisa...
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