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<br />REQUEST FOR <br />COUNCIL ACTION <br /> <br />~-~ <br />~~ <br />~ <br /> <br />CITY COUNCIL MEETING DATE: <br /> <br />CLERK OF COUNCIL USE ONLY: <br /> <br />JULY 18, 2005 <br />TITLE: <br />EMERGENCY ORDINANCE REGULATING <br />MEDICAL MARIJUANA DISPENSARY USES <br /> <br />APPROVED <br /> <br />o As Recommended <br />o As Amended <br />o Ordinance on 151 Reading <br />o Ordinance on 2nd Reading <br />o Implementing Resolution <br />o Set Public Hearing For <br /> <br />.~ <br /> <br />C. . <br />I <br />// /-'j <br />/. . /';// <br />n6.~JUk A- <br /> <br />CITY MANAGER <br /> <br />CONTINUED TO <br /> <br />FILE NUMBER <br /> <br />RECOMMENDED ACTION <br /> <br />Approve a 45-day emergency ordinance that prohibits medical marijuana <br />dispensary uses in the City of Santa Ana. <br /> <br />DISCUSSION <br /> <br />The City has recently received inquiries about establishing a medical <br />marijuana dispensary. The City's General Plan and zoning code do not <br />specifically address this type of use, and at this time, it is not <br />feasible to determine whether a medical marij uana dispensary can be <br />legally established within the City. Currently, a conflict exists <br />between California State law and federal law. State law allows marijuana <br />manufacture, distribution and possession to serve specific medical needs, <br />yet federal law strictly prohibits the manufacture, distribution, or <br />possession of marijuana due to its high potential for abuse. Further, <br />the United States Supreme Court recently held that the federal government <br />has the power to regulate and prohibit intrastate medical marijuana use <br />under the Controlled Substances Act, 21 USC Section 801 et seq. If <br />medical marijuana dispensaries are unregulated and permitted in the City, <br />they will pose a serious threat to the public interest, health, safety <br />and welfare. Other cities in Orange County, such as Lake Forest, Newport <br />Beach, Huntington Beach, Mission Viejo, Aliso Viejo and Costa Mesa, have <br />adopted moratoriums or interim restrictions related to medical marijuana <br />dispensary businesses. <br /> <br />Due to the conflicts existing between California State and federal laws, <br />and the absence of clear legal guidelines, it is recommended that the <br />City Council adopt a 45-day emergency interim ordinance that prohibits <br />medical marijuana dispensary uses in the City of Santa Ana. During the <br />45-day interim ordinance period, a zoning study will be commenced that <br />will assist in the preparation of a permanent ordinance for medical <br />marijuana dispensary uses. An update on further study of this issue and <br />a public hearing to consider a continuance of this emergency ordinance <br />will be scheduled for the August 15, 2005 City Council meeting. <br /> <br />50A-1 <br />