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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, in May 2013, the California Supreme Court issued its decision in City <br />Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, <br />holding that cities have the authority to regulate or ban outright medical marijuana land uses; and <br />WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C. Section <br />801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to federal <br />prosecution without regard to a claimed medical need; and <br />WHEREAS, on October 9, 2015, Governor Jerry Brown signed the "Medical Marijuana <br />Regulation and Safety Act' ("Act') into law; and <br />WHEREAS, the Act becomes effective January 1, 2016 and contains provisions which <br />allow for local governments to regulate licenses and certain activities thereunder; and <br />WHEREAS, the Act contains a provision which sets forth that the State shall become the <br />sole authority for regulation under certain parts of the Act, unless local governments have "land <br />use regulations or ordinances regulating or prohibiting the cultivation of marijuana..." (Health <br />and Safety Code §11362.777(c)(4); and <br />WHEREAS, several California cities have reported negative impacts of marijuana <br />cultivation, processing, and distribution uses, including offensive odors, illegal sales and <br />distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, <br />and problems associated with mold, fungus, and pests; and <br />WHEREAS, marijuana plants, as they begin to flower and for a period of two months or <br />more, produce a strong odor, detectable far beyond property boundaries if grown outdoors; and <br />WHEREAS, the strong smell of marijuana creates an attractive nuisance, alerting persons <br />to the location of the valuable plants, and creating a risk of burglary, robbery, or armed robbery; <br />and <br />23152.06020\22873028.1 <br />-2- <br />