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<br />'/ <br /> <br />REQUEST FOR <br />COUNCIL ACTION <br /> <br />~~~\ <br />~~. <br /> <br /> <br />~d"calton I s('~ <br /> <br /> <br />CITY COUNCIL MEETING DATE: <br /> <br />CLERK OF COUNCIL USE ONLY: <br /> <br />AUGUST 15, 2005 <br />TITLE: <br />PUBLIC HEARING - EMERGENCY <br />ORDINANCE REGULATING MEDICAL <br />MARIJUANA DISPENSARY USES <br /> <br />APPROVED <br /> <br />o As Recommended <br />o As Amended <br />o Ordinance on 1 sl Reading <br />o Ordinance on 2nd Reading <br />o Implementing Resolution <br />o Set Public Hearing For <br /> <br />Ah <br /> <br />~ <br /> <br />. CITY MANAGER <br /> <br />CONTINUED TO <br /> <br />FILE NUMBER <br /> <br />- <br /> <br />RECOMMENDED ACTION <br /> <br />Adopt an emergency ordinance extending the prohibition on the medical <br />marijuana dispensary uses in the City of Santa Ana. <br /> <br />DISCUSSION <br /> <br />On July 18, 2005, the City Council adopted an emergency ordinance <br />establishing a moratorium on medical marijuana dispensary uses in the <br />City of Santa Ana. 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 marijuana 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. <br /> <br />The interim ordinance prohibits the establishment of any medical <br />marijuana dispensary for a 45-day time period, which expires on September <br />1, 2005. Research has been completed to review ordinances adopted by <br />other California cities pertaining to dispensary facilities, and meetings <br />have been held to discuss the potential legal ramifications. Due to the <br />conflicts existing between California State and federal laws, and the <br />absence of clear legal guidel ines, it is recommended that the City <br />Council extend the emergency interim ordinance that prohibits medical <br />marijuana dispensary uses in the City of Santa Ana for the remainder of <br />one year until further study of this issue can be completed. <br /> <br />75C-1 <br /> <br />