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<br />F. It has come to the City Council's attention that at least one individual has <br />approached city staff seeking entitlements to establish a medical marijuana <br />dispensary. <br /> <br />G. The City is not, at this time, able to determine if medical marijuana <br />dispensaries can legally be established within the City for the following <br />reasons: <br /> <br />1. In 1996, the voters of the State of California approved Proposition 215 <br />("the Act"), codified as Health and Safety Code Section 11362.5, et <br />seq. <br /> <br />2. The intent of Proposition 215 was to enable persons who are in need <br />of medical marijuana for medical purposes to obtain and use it under <br />limited, specified circumstances. <br /> <br />3. On January 1, 2004 S8 420, codified as Health and Safety Code <br />Section 11362.7 et seq., was enacted by the Legislature to clarify the <br />scope of the Act and to allow cities and counties to adopt and enforce <br />rules and regulations consistent with S8 420 and the Act. <br /> <br />4. The Santa Ana Municipal Code does not address in any manner <br />medical marijuana dispensaries. <br /> <br />5. Last month the United States Supreme Court addressed medical <br />marijuana use in Gonzales v Raich (2005) 125 S. Ct. 2195. In Raich, <br />the Court held that the federal government has the power to regulate <br />and criminalize medical marijuana use and legally does so. <br /> <br />6. The federal Controlled Substances Act, 21 U.S.C. Section 801 et seq., <br />classifies marijuana as a Schedule I drug because of its high potential <br />for abuse, lack of any accepted medical use, and absence of any <br />accepted safe use. The manufacture, distribution, or possession of a <br />Schedule I drug is a criminal offense under the Controlled Substances <br />Act. <br /> <br />7. There is a conflict between California State law, which allows <br />marijuana manufacture and distribution in special circumstances of <br />medical need, and federal law, which criminalizes the manufacture, <br />distribution or possession of marijuana. <br /> <br />8. The United States Supreme Court addressed but may not have <br />resolved the conflict between state and federal law in Raich. In Raich, <br />the United States Supreme Court held that federal law prevails over <br /> <br />Ordinance NS-2694 <br />Page 2 of 5 <br />