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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 15, 2015 <br />TITLE; <br />ORDINANCE TO REAFFIRM A BAN ON <br />THE CULTIVATION AND DELIVERY <br />OF MARIJUANA <br />(STRATEGIC PLAN 1; 3; 4; 5) <br />CLERK OF COUNCIL USE ONLY: <br />;w•-• --F <br />❑ As Recommended <br />❑ <br />As Amended <br />❑ <br />Ordinance on 1" Reading <br />❑ <br />Ordinance on 2nd Reading <br />❑ <br />Implementing Resolution <br />❑ <br />Set Public Hearing For <br />CONTINUED TO <br />lyl���1111i1:T <br />Adopt an ordinance to reaffirm a ban on the cultivation and delivery of marijuana within the City of <br />Santa Ana, <br />DISCUSSION <br />Both federal and California laws generally prohibit the use, possession, and furnishing of <br />marijuana. However, the Compassionate Use Act of 1996 ( "CUA ") and the Medical Marijuana <br />Program ( "MMP ") removed certain state law consequences from the ability of qualified patients to <br />obtain and use marijuana for medical purposes. <br />In 2013, the California Supreme Court held that cities could regulate or ban medical marijuana <br />dispensaries. On November 4, 2014, the voters of the City of Santa Ana approved Measure BB <br />(Ordinance No. NS -2864) to regulate the establishment, operation, and taxation of Medical <br />Marijuana Collectives and Cooperatives. This Ordinance amended Chapter 18 of the Santa Ana <br />Municipal Code and included sections that addressed operational standards, business taxation <br />requirements, and enforcement regarding medical marijuana collectives. <br />On October 9, 2015, Governor Jerry Brown signed three bills (AB 243, AB 266, and SB 643) that <br />regulate marijuana from "seed to sale" in the state of California. Specifically, AB 266 provides <br />local control to ban cultivation and delivery services of marijuana. For municipalities that elect to <br />ban cultivation and delivery services, AB 266 requires that local government enact specific <br />ordinances to ban the cultivation and delivery services of marijuana within their borders. The <br />voter approved Ordinance NS -2864 addressed on -site cultivation and impliedly addressed <br />delivery services of marijuana within the City. However, the language of AB 266 requires that <br />cultivation and delivery services be expressly banned by March 1, 2016. <br />50B -1 <br />