O-003-13 Urgency ordinance to expressly define and prohibit the operation of medical marijuana dispensaries and mobile marijuana dispensaries in the city

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Concerns about non-medical marijuana use in connection with medical marijuana distribution operations have been recognized by federal and state courts. One example is People v. Leal, (2012) 210 Cal.App.4th 829. ("Not surprisingly, it seems that the enhanced protection from arrest has proven irresistible to those illegally trafficking marijuana, for if there is even rough accuracy in the anecdotal estimate by the arresting detective in this case — that nearly 90 percent of those arrested for marijuana sales possess either a CUA recommendation or a card — then there is obviously widespread abuse of the CUA and the MMP identification card scheme by illicit sellers of marijuana. Ninety percent far exceeds the proportion of legitimate medical marijuana users one would expect to find in the populace at large. For this and other reasons, it is impossible for us not to recognize that many citizens, judges undoubtedly among them, believe the CUA has become a charade enabling the use of marijuana much more commonly for recreational than for genuine medical uses."); and WHEREAS, Despite the CUA and the MMP, the United States Attorneys in California have taken action to enforce the federal Controlled Substances Act against marijuana dispensaries, and have issued letters stating that California cities and officials face possible criminal prosecution for enabling dispensaries to violation federal law; and WHEREAS, The failure to expressly prohibit mobile marijuana dispensaries or medical marijuana dispensaries will expose the City to costs related to regulation, enforcement, and the negative secondary effects of dispensaries including an increase in violent crime; and WHEREAS, the City's current prohibition of MMDs in the CMC does not expressly define the term Medical Marijuana Dispensaries or include in such definition facilities or offices that handle or process the paperwork for joining a medical marijuana dispensary or medical marijuana cooperative, receive any financial compensation or donation for the marijuana, or give vouchers or other indicia of membership to new members of these MMDs or expressly reference by name mobile or off-site delivery of marijuana independent from these facilities or offices; and WHEREAS, the City now wishes to expressly define the term Medical Marijuana Dispensaries and expressly prohibit the use of any buildings, structures and land in the City for a Medical Marijuana Dispensary as defined herein; and WHEREAS, the City Council finds that this Urgency Ordinance, and the regulations set forth herein, are necessary for the preservation of the public peace, health and safety in order to clarify that the City's ban of MMDs includes and encompasses facilities or offices that handle or process the paperwork for joining a medical marijuana dispensary or medical marijuana cooperative, receive financial contributions or donations for the marijuana, or give vouchers or other indicia of membership to individuals, regardless of whether marijuana is ultimately dispensed from the location or a mobile or off-site delivery source independent of the facility or location, as well as the dispensing or delivery of marijuana from mobile or off- site delivery sources independent from these offices or facilities; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES ORDAIN AS FOLLOWS: