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aw~ <br />~~~s~~ <br />W ~ ~~ <br />~o ,~~ <br />~' ~ ~ E~ <br />~ ~ <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />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 />California, having laws that support or are sympathetic to the medicinal use of marijuana. <br />8. Medical marijuana dispensaries are retail businesses specializing in the sale of <br />marijuana and marijuana products; such facilities are not licensed pharmacies and do not qualify <br />as primary caregivers within the meaning of California Health and Safety Code § 11362.7. <br />Primary caregivers are defined by the California Health and Safety Code as individuals who <br />consistently assume responsibility for the housing, health or safety of a patient. Medical <br />marijuana dispensazies simply sell marijuana to primary caregivers, qualified patients, and <br />persons with a medical marijuana identification card. Presently, medical marijuana dispensaries <br />are not defined under the Compassionate Use Act or the Medical Marijuana Program Act. <br />Unlike licensed pharmacies that operate under stringent government controls regarding the <br />medical products they possess and sell, medical marijuana dispensaries operate without any <br />governmental control. <br />9. Medical marijuana dispensaries have been established in numerous locations in <br />California, including Anaheim. As a consequence, local agencies have reported negative <br />secondary effects on the community, which include, illegal drug activity and drug sales in the <br />vicinity of dispensaries; robbery of persons leaving dispensazies; driving under the influence of a <br />controlled substance by persons who have obtained marijuana from a dispensary; persons <br />acquiring marijuana from a dispensary and then selling it to anon-qualified person; burglaries <br />and robberies; and an increase in vacancies in the commercial areas in the vicinity of the <br />dispensary. Many of these documented negative secondary effects and others have been <br />experienced in Anaheim. <br />10. The California Police Chiefs Association has compiled an extensive report detailing <br />negative secondary effects associated with medical marijuana dispensaries. A complete copy of <br />this report is attached as Exhibit "C." The report contains persuasive anecdotal and documented <br />evidence that medical marijuana dispensaries pose a threat to public health, safety, and welfare. <br />11. A prohibition ordinance on medical marijuana dispensaries does not conflict with <br />any Federal or Califomia State legislation. According to the California League of Cities, more <br />than 40 cities in California have successfully enacted bans on medical marijuana dispensaries <br />'2' Decl Opp to OSC Re Preliminary Injunction <br />3of36 <br />75A-126 <br />