O 647 ORDINANCE NO. 647
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING SECTION 9.26.010 OF
CHAPTER 26 OF TITLE 9 OF THE ARROYO GRANDE
MUNICIPAL CODE DEFINING MEDICAL MARIJUANA
DISPENSARIES
WHEREAS, in 1996, the voters of the State of California ("State") approved Proposition
215, codified as Health and Safety Code sections 11362.5 et seq. and entitled "The
Compassionate Use Act of 1996" (the "Compassionate Use Act"), which provides
seriously ill Californians "the right to obtain and use marijuana for medical purposes"
once a physician has deemed the use beneficial to the patient's health; and
WHEREAS, in 2003, the State legislature enacted SB 420 to clarify the scope of the
Compassionate Use Act and to allow cities to adopt and enforce rules and regulations
consistent with the provisions of SB 420; and
WHEREAS, the Federal Controlled Substance Act (the "Controlled Substance Act"),
codified as 21 U.S.C. Section 801 et seq., makes it unlawful for any person to cultivate,
manufacture, distribute or dispense or process with intent to manufacture, distribute or
dispense marijuana; and
WHEREAS, on May 27, 2008, the City council adopted Ordinance No. 599 prohibiting
the establishment of medical marijuana dispensaries; and
WHEREAS, in June of 2012, the San Luis Obispo County Grand Jury published a
report entitled, "Out of Sight, Out of Mind: Medical Marijuana in San Luis Obispo
County" ("Grand Jury Report"). The Grand Jury Report states, [u]nregulated mobile
collective delivery services driving through our county and its communities with
unknown sums of money and large quantities of medical marijuana invite potentially
tragic consequences;" and
WHEREAS, the Grand Jury Report recommends that the City develop an ordinance
regarding medical marijuana mobile collective delivery services within its jurisdiction;
and
WHEREAS, the definition of "medical marijuana dispensary" contained in Ordinance
No. 599 does not include mobile dispensaries; and
WHEREAS, the City finds that it is in the best interest of the citizens of Arroyo Grande
that the City Council amend its definition of "medical marijuana dispensary" to include
mobile dispensaries.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande, as follows:
ORDINANCE NO. 647
PAGE 2
SECTION 1: The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2: Arroyo Grande Municipal Code Section 9.26.010, entitled "Definition," is
hereby amended in its entirety to read as follows:
"9.26.010 Definition.
A "medical marijuana dispensary" is defined as any location or facility, including a
mobile facility, where a primary caregiver makes available, sells, transmits, gives or
otherwise provides medical marijuana, or cannabis, for medical purposes to two or more
qualified patients or persons with an identification card in accordance with Health and
Safety Code Section 11362.5 et. seq. A medical marijuana dispensary shall not include
the following uses, as long as the location of such uses are otherwise regulated by this
code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the
Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division
2 of the Health and Safety Code, a residential care facility for persons with chronic life-
threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and
Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code, a residential hospice, or a home health
agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code."
SECTION 3: This Ordinance is consistent with protection of the public interest, health,
safety and welfare of the City. This Ordinance is hereby found to be categorically
exempt from environmental review pursuant to CEQA guidelines Section 15061(b)(3).
SECTION 4: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after passage of this Ordinance, it shall be published once, together
with the names of the Council Members voting thereon, in a newspaper of general
circulation within the City.
SECTION 5: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 6: If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
ORDINANCE NO. 647
PAGE 3
On motion of Council Member Brown, seconded by Council Member Costello, and on
the following roll call vote to wit:
AYES: Council Members Brown, Costello, Guthrie, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 9th day of October 2012.
ORDINANCE.NO.
PAGE 4
I
TONY FE , MAYOR
ATTEST:
KELLY W TM E CITY CLERK
APPROVED AS TO CONTENT:
1
S VEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TI THY J. RMEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 647 which was
introduced at a regular meeting of the City Council on September 25, 2012; was
passed and adopted at a regular meeting of the City Council on the 9th day of
October 2012; and was duly published in accordance with State law (G.C.
40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th
day of October 2012.
• � /_ L
KELLY E f ORE, CITY CLERK