65A - RPT - REGARDING MEDICAL MARIJUANA INITIATIVE

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marijuana. Further, because it has no recognized medical purpose, marijuana may not be prescribed by licensed physicians. California voters approved the "Compassionate Use Act of 1996" ("CUA") Health & Safety Code § 11362.5) which provides that state criminal sanctions shall not be imposed against a qualified patient or the patient's primary caregiver, for possession or cultivation of marijuana for the personal medical purposes of the patient, upon the recommendation of a physician. In 2003, the California Legislature enacted the "Medical Marijuana Program Act" ("MMPA") adding §§11362.7 - 11362.83 to the Health and Safety Code, to provide uniform and consistent application of the CUA, provide for identification of qualified patients and their primary caregivers through a voluntary identification card program, and enhance access to medical marijuana through collective and cooperative cultivation projects. It is important to understand that neither the CUA nor the MMPA "legalize" marijuana. They merely provide a limited defense to qualified patients and their primary caregivers with respect to state criminal sanctions related to the possession, cultivation, transportation and distribution of medical marijuana, when a physician has recommended its use to treat a serious medical condition. Last month the California Supreme Court heard oral argument in City of Riverside v. Inland Empire Patient's Health and Wellness Center, Inc. (2011) 200 Cal. App. 4t 885. The Court has been asked to determine whether local agencies are preempted, under federal or state law, from regulating or banning the operation of medical marijuana dispensaries and related activities. The Court will likely issue its decision before this initiative is on the ballot. Depending on that decision, The City of Santa Ana may decide to support this initiative, support the current ban on dispensaries, or propose a competing initiative which more strictly regulates medical marijuana dispensaries in the City. Summary of Initiative The Santa Ana Medical Cannabis Restriction and Limitation Initiative repeals the current ban on medical marijuana dispensaries and replaces it with an administrative process which will authorize at least twenty-two collectives and cooperatives to operate in Santa Ana. Section 3 of the initiative amends Article XIII of Chapter 18 of the Santa Ana Municipal Code as follows: 1. Repeals the current prohibition of medical marijuana dispensaries, including collectives and cooperatives, within the City of Santa Ana. 2. Requires the City to authorize a minimum of twenty-two (22) medical marijuana collectives or cooperatives. The number of authorized collectives and 6 65A-12