Laserfiche WebLink
<br /> 6A , <br /> I <br />pLEASANTONc City Council <br /> Staff Report <br /> August 16, 2005 M:' IP, JQQ5 <br /> Police Department <br /> Planning Department <br /> City Attorney's Office <br />SUBJECT: Medical Marijuana Dispensaries <br />STAFF RECOMMENDATION: <br /> To adopt a 45-day moratorium on medical marijuana dispensaries to protect <br /> a current and immediate threat to the public health, safety and welfare. <br />SUMMARY: State law allows a person to use marijuana for medical purposes with a <br /> doctor's recommendation pursuant to Proposition 215, the Compassionate <br /> Use Act of 1996. In particular, a person and his or her "primary caregiver" <br /> are not subject to state criminal laws for the possession or cultivation of <br /> marijuana for personal medical use. Although, the Act does not allow <br /> distribution to others or for a profit and federal law still prohibits even <br /> personal medical use of marijuana, medical marijuana dispensaries have <br /> opened throughout the Bay Area, including other parts of Alameda County. <br /> The City ofPleasanton's Municipal Code does not currently address <br /> medical marijuana dispensaries. Given the proliferation of such <br /> dispensaries and increasing information about negative impacts of such <br /> uses, such as crime, vagrancy and blight that have been experienced by <br /> other jurisdictions, staff recommends that the City Council adopt a <br /> moratorium ordinance prohibiting the establishment of medical marijuana <br /> dispensaries. This will provide sufficient time to study the issue and <br /> possible licensing, land use and other regulations if allowed under federal <br /> law. This need to protect the public health, safety and welfare is even more <br /> imminent as neighboring jurisdictions (including the County of Alameda <br /> and City of Fremont, City of Dublin and City of Livermore) have adopted <br /> or are considering adopting similar moratorium ordinances, thus increasing <br /> the likelihood of a medical marijuana dispensary locating in Pleasanton. A <br /> zoning prohibition on medical marijuana dispensaries does not prohibit <br /> private medical marijuana use under state law consistent with the <br /> Compassionate Use Act. <br />Honorable Mayor and Members of the Council: <br />SR:05: 128 <br />Page 1 <br />