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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />WHEREAS, absent appropriate local regulation authorized by the AUMA, state <br />regulations will control; and <br />WHEREAS, the "Medical Marijuana Regulation and Safety Act" ("MMRSA"), <br />which took effect January 1, 2016, regulates use of marijuana for medical purposes; and <br />WHEREAS, the MMRSA contains a provision which provides that the State shall <br />become the sole authority for regulation under certain parts of the Act unless local <br />governments pass their own regulations; and <br />WHEREAS, in May 2013, the California Supreme Court held in City of Riverside v. <br />Inland Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013) that cities <br />have the authority to regulate or ban outright medical marijuana land uses; and <br />WHEREAS, the California Attorney General's August 2008 Guidelines for the <br />Security and Non -Diversion of Marijuana Grown for Medical Use recognizes that the <br />cultivation or other concentration of marijuana in any location or premises without adequate <br />security increases the risk that nearby homes or businesses may be negatively impacted by <br />nuisance activity such as loitering or crime; and <br />WHEREAS, under the Federal Controlled Substances Act, the use, possession, and <br />cultivation of marijuana are unlawful and subject to federal prosecution without regard to a <br />claimed medical need; and <br />WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the <br />health and safety of the occupants; including structural damage to the building due to <br />increased moisture and excessive mold growth which can occur and can pose a risk of fire and <br />electrocution; additionally, the use of pesticides and fertilizers can lead to chemical <br />contamination within the structure; and <br />WHEREAS, based on the experiences of other cities, these negative effects on the <br />public health, safety, and welfare are likely to occur, and continue to occur, in the City due to <br />the establishment and operation of marijuana cultivation, processing, and distribution uses; <br />and <br />3 <br />