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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. 0-04-08 <br />AN ORDINANCE OF THE CITY OF COLTON AMENDING <br />TITLE 5, BUSINESS LICENSES AND REGULATIONS, AND <br />TITLE 18, ZONING, OF THE COLTON MUNICIPAL CODE <br />TO PROHIBIT THE ESTABLISHMENT OF MEDICAL <br />MARIJUANA DISPENSARIES AND OTHER BUSINESSES <br />AND USES PROHIBITED BY STATE OR FEDERAL LAW <br />IN ALL ZONES THROUGHOUT THE CITY <br />WHEREAS, on June 12, 2007 the Planning Commission of the City of Colton <br />("Planning Commission") conducted a duly noticed public hearing and recommended the City <br />Council of the City of Colton ("City Council") amend Chapter 18.48 ("Special Provisions") by <br />adding Section 18.48.130 ("Prohibition of Businesses or Uses that Violate State or Federal Law") <br />of the Colton Municipal Code to prohibit the establishment of medical marijuana dispensaries and <br />other businesses and uses prohibited by state or federal law ("Zoning Amendment"); and <br />WHEREAS, on April 1, 2008, the City Council held a duly noticed public hearing <br />at which all persons wishing to testify in connection with the Zoning Amendment were heard and <br />the Zoning Amendment was comprehensively reviewed; and <br />WHEREAS, the sale and distribution of marijuana is prohibited by federal law, <br />specifically 21 U. S.C. §§ 812 and 841, part of the Controlled Substances Act (the "Act"); and <br />WHEREAS, the United States Supreme Court, in Gonzales v. Raich, 545 U.S. 1 <br />(2005), confirmed the validity of the Act's prohibition of marijuana sale and distribution and the <br />application of the Act in California, notwithstanding the possible medicinal uses of marijuana and <br />the limited authorization for sale and distribution of marijuana created by California state law, <br />noting that California's system of limited decriminalization for medical marijuana is susceptible <br />to abuse, and confirmed that California's medical marijuana laws are superseded by the Act to the <br />extent that they conflict with the Act; and <br />WHEREAS, the United States Supreme Court, in United States v. Oakland <br />Cannabis Buyers' Cooperative, 532 U.S. 483 (2001), concluded that there is no exemption for <br />ORANGE\HKENNY\36204.1 - 1 - <br />