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The proposed urgency ordinance would amend Municipal Code Chapter 6.18 to clearly <br /> prohibit commercial medical marijuana cultivation, commercial deliveries and other <br /> related "activities". These new sections are cumulative to provide a "belt and <br /> suspenders" approach to prohibit all commercial medical marijuana activities in the <br /> event proposed operators suggest new models not currently contemplated. Many of the <br /> new proposed definitions are from State law, and broadly include medical marijuana <br /> cultivation, manufacturing, storage, processing, lab testing, and other expanded <br /> commercial activities described by the Medical Marijuana Regulation and Safety Act. <br /> Because the Act provides for State licensing and regulation for various medical <br /> marijuana activities, many to be fully developed by State departments with to-be-drafted <br /> regulations, the proposed Section 6.18.040 broadly provides that any State-licensed <br /> medical marijuana activities are not permitted in the City. <br /> With acknowledgment of the intent of the Compassionate Use Act to allow qualified <br /> patients with medical conditions access to medical marijuana, patients will continue to <br /> be allowed to use, and qualified caregivers provide, medical marijuana in private as <br /> allowed by State law. (See Section 6.18.010.A.) The proposed ordinance in Section <br /> 6.18.030.B allows for up to three (3) medical marijuana plants to be grown indoors, out <br /> of public view, by a qualified patient. A primary caregiver for up to three qualified <br /> patients can have up to three such plants per patient, for a maximum of nine (9) plants. <br /> Such plants cannot use space in a garage that is required for vehicle parking. <br /> Also to comply with State law, the penalties in Section 6.18.045 for any violations are <br /> proposed to be subject to administrative citation. State law has decriminalized medical <br /> marijuana violations, so misdemeanors are no longer appropriate. <br /> Finally, California Government Code §36937(b) requires that an urgency ordinance be <br /> adopted by a minimum 415th vote. An urgency ordinance is proposed so that the <br /> ordinance goes into effect before the March 1, 2016 deadline for the State to assume <br /> regulatory and licensing control. <br /> Submitted by: Approved by: <br /> (7. -4211.14-A-411244-- --. -- <br /> Larissa Seto N son Fialho <br /> Assistant City Attorney City Manager <br /> Attachment: Proposed urgency ordinance to amend Municipal Code Chapter 6.18 <br /> Medical Marijuana Dispensaries3 <br /> 3 The attachment shows proposed modifications in track changes. If adopted, the final codified ordinance <br /> will accept all changes. <br /> Page 3 of 3 <br />