CC 2012-10-09_08.d. Adopt Ord Amending Medical Marijuana DispensariesMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
TIMOTHY J. CARMEL, ClTY
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
SECTION 9.26.010 OF CHAPTER 26 OF TITLE 9 OF THE ARROYO
GRANDE MUNICIPAL CODE DEFINING MEDICAL MARIJUANA
DISPENSARIES
DATE: OCTOBER 9,2012
RECOMMENDATION:
It is recommended the City Council adopt an ordinance amending Section 9.26.010 of
Chapter 26 of Title 9 of the Arroyo Grande Municipal Code defining medical marijuana
dispensaries.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
No or minimal future staff time is projected.
BACKGROUND:
In 1996, the voters of the State of California ("State") approved Proposition 215, codified
as Health and Safety Code sections 11 362.5 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.
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.
Meanwhile, 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.
On May 27, 2008, the City Council adopted Ordinance No. 599, prohibiting the
establishment of medical marijuana dispensaries. 'The City Council found that under the
Item 8.d. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF ORDINANCE AMENDING SECTION 9.26.010
OCTOBER 9,2012
PAGE 2
Supremacy Clause, Article IV, Clause 2 of the United States Constitution, the conflict
between the Federal Controlled Substance Act and the State Compassionate Use Act
must be resolved in favor of the Federal Controlled Substance Act. In addition, the City
Council relied on extensive reports and information detailing the negative secondary
effects associated with medical marijuana dispensaries.
On September 25, 2012, the City Council introduced the attached ordinance as
proposed.
ANALYSIS OF ISSUES:
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." The
Grand Jury Report recommends that the City develop an ordinance regarding medical
marijuana mobile collective delivery services within its jurisdiction.
In response to the Grand Jury Report, staff recommends that the City's Ordinance No.
599, prohibiting medical marijuana dispensaries, be amended to include mobile
dispensaries.
If adopted, the ordinance would include mobile facilities within its definition of medical
marijuana dispensaries.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1 . Adopt the ordinance;
2. Make modifications and re-introduce the ordinance; or
3. Provide direction to staff.
ADVANTAGES:
By adopting the ordinance amending the City's Ordinance No. 599 to include mobile
dispensaries within its prohibition, the City will address the Grand Jury's concern. In
addition, adopting the ordinance will extend the reach of the City's ability to regulate
medical marijuana dispensaries to include mobile dispensaries, closing a potential
loophole in the current Ordinance.
DISADVANTAGES:
There are no identifiable disadvantages to adopting the ordinance.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Item 8.d. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF O RDINANCE AMENDING SECTION 9.26.010
OCTOBER 9, 2012
PAGE 3
PUBLIC NOTIFICATION AND COMMENTS:
A summary of the ordinance was published in The Tribune on Tuesday, October 2,
2012 pursuant to State law. The Agenda was pos ted in front of Cit y Hall on Thursday,
October 4, 2012. The Agenda and report were posted on the City’s website on Friday,
October 5, 2012. No public comments were received.
Item 8.d. - Page 3
ORDINANCE NO.
AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY
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 add 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, [ulnregulated 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:
Item 8.d. - Page 4
ORDINANCE NO.
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:
"9.26.01 0 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 surrlmary 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.
Item 8.d. - Page 5
ORDINANCE NO.
PAGE 3
On motion of Council Member seconded by Council Member
and on the following roll call vote to wit:
I
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this - day of 2012.
Item 8.d. - Page 6
ORDINANCE NO.
PAGE 4
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
'TIMOTHY J. CARMEL, CITY ATTORNEY
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