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RESOLUTION NO. 2014 -xxx <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA CALLING FOR THE PLACEMENT OF A <br />MEASURE TO BE PLACED ON THE BALLOT OF THE <br />GENERAL MUNICIPAL ELECTION TO BE HELD ON <br />TUESDAY, NOVEMBER 4, 2014 FOR SUBMISSION TO <br />THE VOTERS OF A PROPOSED ORDINANCE TO <br />REGULATE THE ESTABLISHMENT, OPERATION AND <br />TAXATION OF MEDICAL MARIJUANA COLLECTIVES <br />AND COOPERATIVES; AND DIRECTING THE CITY <br />ATTORNEY TO DRAFT AN IMPARTIAL ANALYSIS <br />WHEREAS, in 1996, the California electorate approved Proposition 215, the <br />Compassionate Use Act of 1996, which allows a patient, with a doctor's <br />recommendation, to use marijuana for medical purposes without the fear of prosecution <br />or arrest; and <br />WHEREAS, in 2003, the California legislature passed SIB 420 (Medical <br />Marijuana Program Act), which amended the Health and Safety Code to permit the <br />establishment of medical marijuana dispensaries for the distribution of marijuana for <br />medical purposes; and <br />WHEREAS, cities where medical marijuana dispensaries have been permitted to <br />operate have experienced significant problems, including burglaries and takeover <br />robberies of dispensaries, robberies of customers leaving dispensaries, an increase in <br />crime (especially thefts and robberies) in the vicinity of dispensaries, illegal re- selling of <br />marijuana obtained from dispensaries, physicians issuing apparently fraudulent <br />recommendations for the use of marijuana, collective staff selling marijuana to <br />customers with obviously counterfeit patient identification cards, street dealers <br />attempting to sell marijuana to collective customers, collective customers using <br />marijuana and then driving under the influence of marijuana, the sale of illegal drugs <br />other than marijuana in the dispensaries, sales of marijuana to minors; and <br />WHEREAS, after studying various alternatives for the regulation of medical <br />marijuana dispensaries, considering testimony from members of the public, and <br />reviewing the legal status of medical marijuana dispensaries under applicable law, the <br />City Council finds that the regulation and operation of medical marijuana dispensaries is <br />necessary to protect the public health, safety, and welfare by mitigating the adverse <br />secondary effects from the operations of medical marijuana dispensaries; and <br />WHEREAS, the City of Santa Ana has a compelling interest in ensuring that <br />marijuana is not distributed in an illicit manner, in protecting the public health, safety <br />and welfare of its residents and businesses, in preserving the peace and quiet of the <br />55D -34 Resolution No. 2014 -XXX <br />Page 1 of 3 <br />