CITYWIDE URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES
Meeting Date: March 15, 2005
Section: Public Hearings
SUBJECT:
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AN INTERIM URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND OTHER SIMILAR USES |
RECOMMENDATION: That the City Council adopt Ordinance the attached urgency ordinance establishing a temporary moratorium on the establishment and operation of medical marijuana dispensaries and other similar uses.
COUNCIL GOALS: Invest in the growth and evolution of the City’s Future
FISCAL IMPACT: None
BACKGROUND: In 1996, the voters of California passed Proposition 215, known as the Compassionate Use Act of 1996. This act was codified in Health and Safety Code Section§11362.5 et seq. The Act exempts patients and defined caregivers who posses or cultivate marijuana, for medical treatment recommended by a physician, from criminal laws which otherwise prohibit possession or cultivation of marijuana.
Since 1996, several sub-issues have arisen in trying to implement Proposition 215 and one issue is currently being heard by the U.S. Supreme Court. In addition, some cities have been asked to approve medical marijuana dispensaries, clinics, clubs, co-ops` and other similar related uses in their jurisdictions. These cities have had difficulty addressing the zoning issues under their existing municipal codes.
Therefore, Staff recommends adoption of the attached urgency ordinance establishing a moratorium on such uses, which would become effective immediately and will remain in effect for forty-five (45) days, through April 28, 2005. After forty-five days, the Council may extend the Urgency Moratorium Ordinance for up to 22 months and 15 days. The City will be able to use this time to study this matter at greater length before enacting a permanent change to the City’s Zoning Ordinance if it is determined that one is needed. State law requires a four fifths vote to approve an Urgency Ordinance. Since the Mayor’s seat is currently vacant, a unanimous vote of the current Council is required to approve the proposed Urgency Ordinance.
STAFF MEMBER PRESENTING: Jerry L. Blum Planning Director
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