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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Item 35 - Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates
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Agenda Packet
Agency
Clerk of the Council
Item #
35
Date
5/3/2022
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Ordinance No. NS-XXX <br />Page 3 of 73 <br />activities, currently contained in Chapters 18 and 40 of the Santa Ana Municipal Code, <br />respectively, for clarity and cohesion. <br />L.The City Council recognizes those entities that have remained on the <br />Medicinal Cannabis Waitlist pursuant to Santa Ana Municipal Code Section 18-617.1 <br />(d), (e), and (f), and those entities that were scored as part of the merit-based selection <br />process in Section 40-9. <br />M.Commercial cannabis businesses form an integral part of the Santa Ana <br />economy, contributing revenues and community benefits through business <br />engagement with the Santa Ana community. <br />N.The City Council of the City of Santa Ana intends that nothing in this article <br />shall be deemed to conflict with federal law as contained in the Controlled Substances <br />Act, nor to otherwise permit any activity that is prohibited under that Act or other <br />applicable law. <br />O.The City of Santa Ana has a compelling interest in ensuring that cannabis <br />is not sold, cultivated, manufactured, tested, consumed, or distributed in an illicit <br />manner, in protecting the public health, safety and welfare of its residents and <br />businesses, in preserving the peace and quiet of the neighborhoods in which these <br />uses may operate, and in providing access of cannabis to residents. <br />P.The City Council has held a duly noticed public hearing on April 19, 2022 in <br />connection with consideration and adoption of this ordinance. <br />Section 2. This Ordinance is adopted pursuant to the authority granted by the <br />California Constitution and State law, including but not limited to: Article XI, Section 7 of <br />the California Constitution, the Compassionate Use Act of 1996 (California Health and <br />Safety Code Section 11362.5), the Medical Marijuana Program (California Health and <br />Safety Code Section 11362.7 et seq.), the Medical Marijuana Regulation and Safety Act <br />(AB 266, AB 243, and SB 643; hereafter “MMRSA”), the Adult Use of Marijuana Act <br />(Proposition 64), and the Medical and Adult Use Cannabis Regulation and Safety Act (SB <br />94; hereafter “MAUCRSA”). <br />Section 3. Pursuant to the California Environmental Quality Act (“CEQA”) and <br />the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review <br />pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it <br />can be seen with certainty that there is no possibility that the project may have a <br />significant effect on the environment. As a result, a Notice of Exemption will be filed upon <br />the adoption of this ordinance. <br />Section 4. All provisions of the Santa Ana Municipal Code which are repeated <br />herein are repeated solely in order to comply with the provisions of Section 418 of the <br />City Charter. Any such restatement of existing provisions of the Code is not intended, <br />Exhibit 1
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