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<br />possible reVISion in order to respond to recent concerns relating to the <br />impacts of medical marijuana dispensaries and the potential establishment of <br />new medical marijuana dispensaries in the City. <br /> <br />F. Given these concerns, the City Council has requested, in adopting the <br />moratorium ordinance, that a study be undertaken of the current provisions of <br />the General Plan and Chapter 41 if the Code to classify medical marijuana <br />dispensaries and determine whether such businesses should be permitted in <br />the City and if so, where, and under what conditions. <br /> <br />G. Without adoption of an extension to the moratorium ordinance, properties in <br />the City would quickly receive entitlements to establish medical marijuana <br />dispensaries despite the fact that the city council has determined that the <br />Code is in need of updating and has directed that a study be done to <br />recommend new standards and revise the Code to address concerns created <br />by medical marijuana dispensaries. <br /> <br />H. 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 />I. 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 SB 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 SB 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. Recently, 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 />Ordinance No. NS - XXXX <br />Page 2 of 6 <br /> <br />750-4 <br />