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75A - PH - MEDICAL MARIJUANA - PROHIBIT
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10/01/2007
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75A - PH - MEDICAL MARIJUANA - PROHIBIT
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Last modified
1/3/2012 4:37:35 PM
Creation date
9/26/2007 2:00:08 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
10/1/2007
Destruction Year
2012
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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />~ 11 <br />~W ~ 12 <br />~~~s~~ 13 <br />Wo~~ 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 />marijuana. If a "qualified patient" or "primary caregiver" does not cultivate marijuana, it is <br />obtained illicitly either by the patient or caregiver or someone else who supplies it to them. <br />Patients may also purchase marijuana through mail order or Internet services throughout the <br />state. <br />28. Patients attempting to obtain marijuana legally may do so through dozens of medical <br />marijuana dispensaries, cannabis clubs, collectives and cooperatives in Southern California. <br />~ Numerous dispensaries exist in Los Angeles County along with at least two in Orange County, <br />including one currently operating in Anaheim known to the Anaheim Police Department. The <br />number of businesses appears to be expanding rapidly in Southern California. Many of the <br />dispensaries and primary caregivers will deliver the marijuana to the patient at home. <br />OTHER JURISDICTIONS <br />29. Different jurisdictions have dealt with the medical marijuana issues in a variety of <br />ways throughout the state. One jurisdiction in Los Angeles County researched the concept of <br />having a "City operated" and regulated dispensary; however the project was discontinued prior <br />to implementation. <br />30. The Northern California City of Hayward adopted ordinances to regulate the <br />establishment and operation of medical marijuana facilities. However, after experiencing many <br />problems at and around their dispensary, Hayward passed an ordinance to ban dispensaries in <br />12006. <br />31. In July 2004, the Northern California City of Rocklin became the first city in the <br />state to approve and adopt a zoning ordinance effectively prohibiting medical marijuana <br />dispensaries ("MMD") in their jurisdiction. This ordinance has not been overturned. Numerous <br />other cities in the state have followed Rocklin's suit, banning MMD's, including Costa Mesa <br />and Cypress. Fullerton is also looking at modifying their zoning ordinance to prohibit MMD's. <br />32. According to the California League of Cities as of September 2006, 141 cities <br />surveyed have taken some action regarding MMD's. Seventy three cities have enacted <br />moratoriums on these businesses allowing the city more time to study the issue. Twenty eight <br />cities have chosen to allow MMD's and forty cities are prohibiting MMD's in their community. <br />- 6 - Decl Opp to OSC Re Preliminary Injunction <br />14 of 36 <br />75A-137 <br />
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