HomeMy WebLinkAbout11A - 2ND READ ORD - BAN ON CULT AND DELIVERY MARIJUANAREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 19, 2016
TITLE:
ORDINANCE SECOND READING:
REAFFIRM A BAN ON THE CULTIVATION
AND DELIVERY OF MARIJUANA
{STRATEGIC PLAN NO. 5, 1)
CITY MANA ER
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On December 15, 2015, the following Ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 4 -0 (Tinajero abstained; Benavides and Pulido absent):
ORDINANCE NO. NS -2889 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA TO REAFFIRM A BAN ON THE CULTIVATION AND
DELIVERY OF MARIJUANA
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a_cnmprQhensive comm -unity engagement_
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
ATTACHMENT: Ordinance No. NS -2889
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SMS 12/16/15
ORDINANCE NO, NS
AN ORDINANCE OF THE CITY' COUNCIL OF THE
CITY OF SANTA ANA TO REAFFIRM A BAN ON
THE CULTIVATION AND DELIVERY OF
MARIJUANA
WHEREAS, in 1996, the California electorate approved Propositlon 215, the
Compassionate Use Act of 1996 ( "CUA "), which allows a patient, with a doctor's
recommendation, to use marijuana for medical purposes without the fear of prosecution
or arrest; and
WHEREAS, in 2003, the California legislature passed Senate Bill 420 (Medical
Marijuana Program Act [ "MMP "]) which amended the Health and Safety Code to permit
the establishment of medical marijuana dispensaries for the distribution of marijuana for
medical purposes; and
WHEREAS, in 2013, the California Supreme Court held that cities could regulate
or ban medical marijuana dispensaries; and
WHEREAS, on November 4, 2014, the voters of the City of Santa Ana approved
Measure BB (Ordinance No. NS -2864) to regulate -the establishment, operation, and
taxation of Medical Marijuana Collectives and Cooperatives. This Ordinance amended
Chapter 18 of.the Santa Ana Municipal Code.and included sections that addressed
operational standards, business taxation requirements, and enforcement regarding
medical marijuana collectives; and
WHEREAS, on October 9, 2015, Governor Jerry Brown signed three bills (AB
243, AB 266, and SB 643) that regulate marijuana from "seed to sale" in the state of
California. Specifically, AB 266 provides local control to ban cultivation and delivery
services of marijuana. For municipalities that elect to ban cultivation and delivery
services, A13266 requires that local government enact specific ordinances to ban the
cultivation and delivery services of marijuana within their borders; and
WHEREAS, Ordinance NS -2864 addressed on -site cultivation and impliedly
addressed delivery services of marijuana within the City; and
WHEREAS, the City of Santa Ana has a compelling Interest in ensuring that
marijuana is not distributed In an illicit manner, in protecting the public health, safety
and welfare of its residents and businesses, and in preserving the lawful use of land
within Its borders;
Ordinance No. NS -XXX
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES HERESY {'ORDAIN AS FOLLOWS;
Section 1. The City Council hereby adopts the recitals and findings set forth
above and in the request for Council action -staff report prepared in connection with this
ordinance.
Section 2. Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended as follows:
Chapter 18
ARTICLE Xill. MEDICAL MARIJUANA COLLECTIVES /COOPERATIVES
18 -620. Compliance with this article and state law
(e) Cultivation of marijuana or medical marijuana is prohibited anywhere in
the City. No person, including a qualified patient or primary caregiver, shall cultivate
marijuana or medical marijuana in the City.
(f) Delivery services of marijuana or medical marijuana are prohibited
anywhere in the City. No person or business shall operate delivery services of
marijuana or medical marijuana or mobile dispensaries within the City.
5,q ct ion 3. The City Clerk shall certify the adoption of this Ordinance and shall
cause the same to be posted as required by law.
ADOPTED this day of 2015.
APPROVED AS TO FORM:
Sonia R. Carvaiho, City Attorney
v' andra M. Schwarzmann
k City Attorney
Miguel A, Pulldo
Mayor
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Ordinance No. NS -XXX
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AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -XXX to be -the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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Ordinance No. NS�XXX
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