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FULL PACKET_2007-11-05
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FULL PACKET_2007-11-05
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1/3/2012 4:36:32 PM
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10/31/2007 1:26:14 PM
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City Clerk
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Agenda Packet
Date
11/5/2007
Destruction Year
2012
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Currently, many cities are facing the same predicament that Santa <br />Ana is facing with their moratoriums about to expire. <br />D. In Orange County, the cities of Tustin, Anaheim, Fullerton and <br />Costa Mesa have all banned medical marijuana dispensaries from <br />their cities. Anaheim recently enacted their ban and also decreed <br />that any dispensaries already in existence would have to close. <br />The City of Huntington Beach initially allowed medical marijuana <br />dispensaries in general and limited industrial zones but is <br />considering deleting this permission for medical marijuana <br />dispensaries in its zoning code. On July 17, 2007, the Board of <br />Supervisors for the County voted to approve a fee for the issuance <br />of identification cards for patients and primary caregivers, which <br />each county is mandated to issue under the state Medical <br />Marijuana Program Act. The County has not addressed <br />dispensaries from a land use perspective in the unincorporated <br />areas. <br />E. Elsewhere, Pasadena, Fresno, Susanville, and Concord, among <br />others, are among at least 40 California cities that have adopted <br />ordinances banning medical marijuana dispensaries; while another <br />100 cities have moratoria in place. (Source: League of California <br />Cities.) Each of the aforementioned cities were sued by a non- <br />profit group called the American Medical Marijuana Association <br />(AMMA) that promotes the use medical marijuana. Susanville and <br />Concord prevailed at the demurrer stage and the lawsuit against <br />Pasadena was filed but never served. The lawsuit against Fresno <br />has been stayed and during the stay, Fresno enacted an ordinance <br />which appears to allow medical marijuana dispensaries and <br />cooperatives in any zone district designated for medical offices but <br />only if consistent with State and Federal law (therefore, it really <br />bans them). <br />F. The City of Los Angeles, which previously permitted approximately <br />100 medical marijuana dispensaries, in August 2006 adopted a one <br />year moratorium on permitting any new dispensaries. The <br />moratorium was based on findings that permitted dispensaries were <br />not complying with existing regulations and were violating criminal <br />laws. In supporting the moratorium, Los Angeles Police Chief <br />Bratton testified before the city's Police Commission in January <br />2007: "The vast majority of people who use these premises are <br />using them for recreational drug use." <br />G. According to a report prepared by the Los Angeles Police <br />Department, 24 cities and 7 counties had established ordinances <br />authorizing them one way or another. Atascadero, Berkeley, Elk <br />Ordinance No. NS-XXX <br />Page 2 of 4 <br />11 A-2 <br />
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