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2 <br />3 <br />4 <br />51 <br />6~ <br />7 <br />8 <br />9 <br />10 <br />~ 11 <br />~~ ~ 12 <br />QW <br />~~g~~ 13 <br />W~~* 14 <br />o ~ ~~ 15 <br />~ 16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />I, JOHN A. WELTER, hereby declare and say: <br />1. I am the Chief of Police for the Anaheim Police Department. <br />2. I have personal knowledge of the facts attested to herein and, if called to testify <br />concerning the same, I could and would do so competently. <br />3. As Chief of Police, I have personal knowledge of the policies, procedures, and <br />practices of the Anaheim Police Department. <br />4. Proposition 215, the Compassionate Use Act of 1996, was approved by California <br />voters and allows personal possession and cultivation of marijuana for medical purposes. The <br />Act does not provide the patient with absolute immunity from arrest, but provides limited <br />immunity allowing the patient to raise a medical use defense. <br />5. Senate Bi11420, the Medical Marijuana Program Act, took effect January 1, 2004 to <br />clarify the scope of Proposition 215, and to allow cities and counties to adopt and enfaree rules <br />and regulations regarding medical marijuana. It also established the amount of marijuana a <br />qualified patient can possess. <br />6. One purpose of the Compassionate Use Act and the Medical Marijuana Program is to <br />encourage the federal and state governments to implement a plan to provide for the safe and <br />affordable distribution of marijuana to all patients in medical need of marijuana. However, <br />neither the federal nor state government has implemented a plan to provide medical marijuana <br />under these guidelines. This leaves cities with a lack of direction about how the Act is intended <br />to be implemented, particularly in regard to distribution of medical marijuana through <br />dispensaries. The Medical Marijuana Program provides additional statutory guidance for <br />medical marijuana use and cultivation, but does not explicitly address the role of dispensaries, <br />nor does it require cities provide for or allow the establishment and/or operation of medical <br />marijuana dispensaries. <br />7. The Federal Controlled Substances Act categorizes marijuana as a Schedule I drug. <br />Under Federal Law it is illegal to manufacture, distribute, dispense, or possess with intent to <br />manufacture, distribute, or dispense a controlled substance. There is no medical necessity <br />exception for marijuana under federal law. However, there are currently eleven states, including <br />1' Decl Opp to OSC Re Preliminary Injunction <br />2 of 36 <br />75A-125 <br />