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NS-2758
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Last modified
1/3/2012 1:00:38 PM
Creation date
11/7/2007 11:46:18 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2758
Date
11/5/2007
Destruction Year
PERM
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<br />dispensaries already in existence would have to close. The City of <br />Huntington Beach initially allowed medical marijuana dispensaries in <br />general and limited industrial zones but is considering deleting this <br />permission for medical marijuana dispensaries in its zoning code. On July <br />17,2007, the Board of Supervisors for the County voted to approve a fee <br />for the issuance of identification cards for patients and primary caregivers, <br />which each county is mandated to issue under the state Medical <br />Marijuana Program Act. The County has not addressed dispensaries from <br />a land use perspective in the unincorporated areas. <br /> <br />E. Elsewhere, Pasadena, Fresno, Susanville, and Concord, among others, <br />are among at least 40 California cities that have adopted ordinances <br />banning medical marijuana dispensaries; while another 100 cities have <br />moratoria in place. (Source: League of California Cities.) Each of the <br />aforementioned cities were sued by a non-profit group called the American <br />Medical Marijuana Association (AMMA) that promotes the use medical <br />marijuana. Susanville and Concord prevailed at the demurrer stage and <br />the lawsuit against Pasadena was filed but never served. The lawsuit <br />against Fresno has been stayed and during the stay, Fresno enacted an <br />ordinance which appears to allow medical marijuana dispensaries and <br />cooperatives in any zone district designated for medical offices but only if <br />consistent with State and Federal law (therefore, it really bans them). <br /> <br />F. The City of Los Angeles, which previously permitted approximately 100 <br />medical marijuana dispensaries, in August 2006 adopted a one year <br />moratorium on permitting any new dispensaries. The moratorium was <br />based on findings that permitted dispensaries were not complying with <br />existing regulations and were violating criminal laws. In supporting the <br />moratorium, Los Angeles Police Chief Bratton testified before the city's <br />Police Commission in January 2007: "The vast majority of people who <br />use these premises are using them for recreational drug use." <br /> <br />G. According to a report prepared by the Los Angeles Police Department, 24 <br />cities and 7 counties had established ordinances authorizing them one <br />way or another. Atascadero, Berkeley, Elk Grove, Hayward, Oakland, San <br />Francisco, San Jose, Santa Cruz, Santa Rosa, Visalia, West Hollywood, <br />and Whittier are among some of the cities which allow medical marijuana <br />dispensaries in specified zones. This statistic may be somewhat <br />misleading, however. For example, while Whittier permits dispensaries in <br />its industrial zone, it has ordered the only existing dispensary in the city to <br />close within one year. <br /> <br />H. Currently, Long Beach, Corona, Mission Viejo, Newport Beach, Santa <br />Clarita, and Simi Valley, among others, still have moratoriums in place. <br />Several other cities have opted not to address the issue at the Council <br />level, on the theory that (a) any land use not expressly permitted by the <br />zoning code is banned, and/or (b) no land use can be legally established <br /> <br />Ordinance No. NS-2758 <br />Page 2 of7 <br />
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