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<br />PROPOSED ORDINANCE NO. NS-2864 <br /> <br /> <br />AN ORDINANCE OF THE PEOPLE OF THE CITY OF <br />SANTA ANA AMENDING CHAPTER 18 OF THE <br />MUNICIPAL CODE TO DELETE AND REPLACE ARTICLE <br />XIII, TO DELETE SECTION 41-121, DELETE <br />SUBSECTION (B) OF SECTION 41-144, AND AMEND <br />ARTICLE XII OF CHAPTER 21 BY ADDING SECTIONS <br /> <br />21-126, 21-127, 21-128, 21-129 AND 21-130 TO <br />REGULATE THE ESTABLISHMENT, OPERATION AND <br />TAXATION OF MEDICAL MARIJUANA COLLECTIVES <br />AND COOPERATIVES <br /> <br /> <br />WHEREAS, <br />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 <br />, in 2003, the California legislature passed Senate Bill 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, <br />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, <br />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, <br />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 />neighborhoods in which medical marijuana collectives operate, and in providing <br /> <br />compassionate access to medical marijuana to its seriously ill residents. <br />1 <br /> <br /> <br />