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7. There is a conflict between California State law, which allows marijuana manufacture and distribution in special circumstances of medical need, and federal law, which criminalizes the manufacture, distribution or possession of marijuana. 8. The United States Supreme Court addressed but may not have resolved the conflict between state and federal law in Raich. In Raich, the United States Supreme Court held that federal law prevails over state law if there is a conflict. The United States Supreme Court did not, however, expressly strike down Proposition 215. 9. Until such time as the conflict between state and federal law is conclusively resolved, the City will be unable to determine if medical marijuana dispensaries can legally be established and regulated within the city. J. If medical marijuana dispensaries are permitted in the City and left unregulated, they will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. Medical marijuana dispensaries established in other cities have been associated with increases in illegal drug activity, illegal drug sales, robbery of persons leaving dispensaries, loitering around dispensaries, falsely obtaining 'identification cards' to qualify for medical marijuana and other increases in criminal activity (San Francisco Chronicle, W. Buchanan, "San Francisco Operating With No Oversight, City Officials Debate How to Rein in Growth of the Shops and Those Who Abuse Prop. 215's Intent," April 24, 2005.) 2. Medical marijuana dispensaries if allowed in the City under the current state of the City's regulations will have adverse secondary effects on surrounding properties, including but not limited to lowering property values and introducing incompatible land uses to existing neighborhoods. K. In order to prevent frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of medical marijuana dispensaries may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting such medical marijuana dispensaries to be established or constructed during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. L. The Request for Council Action for this ordinance dated October 16, 2006, and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. This Request for Council Action Ordinance No. NS-2728 Page 3 016