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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 16, 2006 <br />TITLE: <br />PUBLIC HEARING - EMERGENCY <br />ORDINANCE REGULATING MEDICAL <br />MARIJUANA DISPENSARY USES <br />~--~ <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />^ As Recommended <br />^ As Amended <br />^ Ordinance on 1s~ Reading <br />^ Ordinance on Intl Reading <br />^ Implementing Resolution <br />^ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt an emergency ordinance extending the prohibition on the medical <br />marijuana dispensary uses in the City of Santa Ana for a period of one <br />year. <br />DISCUSSION <br />On August 15, 2005, the City Council adopted an emergency ordinance that <br />prohibited medical marijuana uses in the City of Santa Ana for a period <br />of one year. Although the City has not recently received inquiries about <br />establishing a medical marijuana dispensary, the City's General Plan and <br />zoning code do not specifically address this type of use. It is not <br />feasible to determine whether a medical marijuana dispensary can be <br />legally established within the City since a conflict exists between <br />California State law and federal law. State law allows marijuana <br />manufacture, distribution, and possession to serve specific medical <br />needs, yet federal law strictly prohibits the manufacture, distribution, <br />or possession of marijuana due to its high potential for abuse. Further, <br />the United States Supreme Court has held that the federal government has <br />the power to regulate and prohibit intrastate medical marijuana use under <br />the Controlled Substances Act, 21 USC Section 801 et seq. If medical <br />marijuana dispensaries are unregulated and permitted in the City, they <br />will pose a serious threat to the public interest, health, safety and <br />welfare. <br />Staff has conducted surveys of various cities to review ordinances and <br />policies that have been adopted by those cities. Some cities, such as <br />Cypress, Costa Mesa, and Huntington Beach have adopted ordinances that <br />prohibit medical marijuana uses. Other cities, such as Newport Beach, <br />Buena Park, and Irvine, have opted to wait for clear legal guidelines <br />prior to the adoption of such an ordinance. As of October 6, 2005, there <br />were at least 56 California localities with moratoriums and 13 with <br />75D-1 <br />