Laserfiche WebLink
10 <br />11 <br />12 <br />13 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />CMATro1WkY OU <br />3 XAAWBrvrP[ <br />9IV 'IDEGM2 <br />(951( 9X.5561 <br />20. The Riverside City Council's enactment of Section 19.150.020 ensures that local <br />zoning law does not conflict with state or federal law. This ensures that the City Zoning Code <br />does not present an obstacle to the accomplishment and execution of the full purposes and <br />objectives of die United States and the State of California. This provision serves a vital <br />importance in numerous areas such as protecting religious institutions; preventing housing <br />discrimination; protecting consumer's right to receive television programming; and protecting <br />persons with disabilities from discriminatory zoning practices. By striking the state - imposed <br />restriction on local zoning uses that conflict with federal law, the Initiative seeks to allow uses in <br />conflict with the law of the United States. <br />21. In addition to deleting the current portion of Riverside Municipal Code section <br />19.150.020 that prohibits any use prohibited by federal law, die Initiative would enact new <br />zoning laws and amend others, including designating marijuana distribution as a "permitted use" <br />in the City of Riverside. (See Exhibit A, pp. 26 -28, 29, Article V (Table).) <br />22. The Initiative would enact the "Medical Marijuana Restriction And Limitation Act," <br />which by its terms, would permit "the operation of medical marijuana provider associations <br />within the City" of Riverside. (Exhibit A, p. 8.) The Initiative states that "jtjhe City shall <br />recognize the status of a medical marijuana provider association to operate within the City," and <br />the Initiative permits the cultivation, transportation and distribution of marijuana. (See, e.g., <br />Exhibit A, pp. 22 -23.) <br />21 The Initiative would also repeal the "Mobile Marijuana Dispensaries" section of the <br />Riverside Municipal Code, which currently prohibits mobile marijuana dispensaries and bars <br />people from delivering marijuana within the City of Riverside. (See Exhibit A, pp. 46 -47.). <br />24. The Initiative, which would enact local ordinances requiring the City of Riverside to <br />facilitate the cultivation and sale of marijuana, would plainly "stand as an obstacle to the <br />accomplishment and execution of the full purposes and objectives of Congress" in enacting the <br />CSA, and thus would violate the Supremacy Clause. (Geier v. American Honda Motor Co., Inc. <br />(2000) 529 U.S. 861, 873, quoting Hines v. Davidowitz (1941) 312 U.S. 52, 67.) <br />111 <br />-6- <br />COMPLAINT FOR DECLARATORY RELIEF <br />