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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 />ORDINANCE NO. 0-01-16 <br />AN ORDINANCE OF THE OF THE CITY COUNCIL OF THE <br />CITY OF COLTON AMENDING SECTION 18.48.130 OF THE <br />COLTON MUNICIPAL CODE TO PROHIBIT MARIJUANA <br />CULTIVATION ACTIVITIES IN ALL ZONING DISTRICTS IN <br />THE CITY OF COLTON <br />WHEREAS, the City of Colton ("City") has adopted a zoning code regulating the uses <br />land within the City, as codified in Title 18 of the Colton Municipal Code ("Municipal Code"); <br />and <br />WHEREAS, in 1996, the voters of the State of California approved Proposition 215 <br />(codified as Health & Safety Code Section 11362.5 et seq. and entitled "The Compassionate Use <br />Act of 1996"); and <br />WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to <br />legally possess, use, and cultivate marijuana for medical use under state law; and <br />WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical Marijuana <br />Program ("MMP"), codified as Health and Safety Code Section 11362.7 et seq., which permits <br />qualified patients and their primary caregivers to associate collectively or cooperatively to <br />cultivate marijuana for medical purposes without being subject to criminal prosecution under the <br />Penal Code; and <br />WHEREAS, neither the Compassionate Use Act ("CUA") nor the MMP require nor, <br />impose an affirmative duty or mandate upon local governments to allow, authorize, or sanction <br />the establishment of facilities that cultivate or process medical marijuana within its jurisdiction; <br />and <br />23152.06020\22 873028.1 <br />