Laserfiche WebLink
<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 />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 />J. 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 />K. 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 /> <br />Ordinance No. NS - XXXX <br />Page 3 of 6 <br /> <br />7S0-S <br />