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FULL PACKET_2005-08-15
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FULL PACKET_2005-08-15
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<br />state law if there is a conflict. The United States Supreme Court did <br />not, however, expressly strike down Proposition 215. <br /> <br />9. Until such time as the conflict between state and federal law is <br />conclusively resolved, the City will be unable to determine if medical <br />marijuana dispensaries can legally be established and regulated within <br />the city. <br /> <br />H. If medical marijuana dispensaries are permitted in the City and left <br />unregulated, they will pose a serious threat to the public interest, health, <br />safety and welfare for the following reasons: <br /> <br />1. Medical marijuana dispensaries established in other cities have been <br />associated with increases in illegal drug activity, illegal drug sales, <br />robbery of persons leaving dispensaries, loitering around dispensaries, <br />falsely obtaining 'identification cards' to qualify for medical marijuana <br />and other increases in criminal activity (San Francisco Chronicle, <br />W. Buchanan, "San Francisco Operating With No Oversight, City <br />Officials Debate How to Rein in Growth of the Shops and Those Who <br />Abuse Prop. 215's Intent," April 24, 2005.) <br /> <br />2. Medical marijuana dispensaries if allowed in the City under the current <br />state of the City's regulations will have adverse secondary effects on <br />surrounding properties, including but not limited to lowering property <br />values and introducing incompatible land uses to existing <br />neighborhoods. <br /> <br />I. In order to prevent frustration of said studies and the implementation thereof, <br />the public interest, health, safety and welfare require the immediate <br />enactment of this ordinance. The absence of this ordinance would create a <br />serious threat to the orderly and effective implementation of any code <br />amendments, general plan amendments or specific plan amendments which <br />may be adopted by the city as a result of the studies in that the establishment <br />or construction of medical marijuana dispensaries may be in conflict with or <br />frustrate the contemplated updates and revisions to the Code, general plans <br />or specific plans. Moreover, permitting such medical marijuana dispensaries <br />to be established or constructed during said studies and implementation <br />would create impacts on the public health, safety and welfare that the city <br />council, in adopting this ordinance, has found to be unacceptable. <br /> <br />J. In response to the threat of unregulated medical marijuana dispensaries <br />several California cities, including but not limited to the Cities of Newport <br />Beach, Lake Forest, Huntington Beach, Long Beach, Ontario, Simj Valley, <br />West Hollywood and San Francisco, have adopted similar moratoria to this <br />Ordinance. <br /> <br />Ordinance No, NS - 2694 <br />Page 3 of 5 <br /> <br />75C-5 <br />
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