SR 05:128 - Laserfiche WebLink

BACKGROUND Medical Marijuana California voters enacted Proposition 215, "The Compassionate Use Act of 1996" to ensure that, without violating State laws regarding possession and cultivation of marijuana, "seriously ill Californians have the right to obtain and use marijuana for medical purposes where the medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or other illness for which marijuana provides relief." Under the Act, patients and primary caregivers are not subject to state criminal prosecution for cultivation and personal pos~ssion of marijuana; however, they are not allowed to distribute it to others or sell it at a profit. Fundamentally, the Act protects personal medical use of marijuana, but not commercial use. While recognizing the desires of the electorate in passing this proposition, significant issues have arisen in its implementation. In 2003, the State Legislature enacted Senate Bill 420 to provide some definitions and regulations related to medical marijuana, including an identification card program, limits on the amount of marijuana per qualified patient, and confidentiality and privacy restrictions. However, issues remain, including the proliferation of medical marijuana "dispensaries" claiming to serve as "primary caregivers" for large numbers of "patients," increasing concentration of medical marijuana dispensaries in certain areas and secondary impacts of the medical marijuana dispensaries, such as increased criminal activity, loitering, traffic and parking. (see attached memorandum from Dublin Police Chief) In addition, to date, there is no federal recognition of medical marijuana, causing conflicts between enforcement of federal laws and state laws that will need to be ultimately resolved through the court system. (see attached materials from the U.S. Drug Enforcement Administration) The United States Supreme Court recently issued an opinion that Congress had the constitutional authority to enforce federal prohibitions on marijuana use and cultivation, despite California's law allowing personal medical use and cultivation of marijuana. A bill has already been introduced into Congress to prohibit enforcement of federal laws related to marijuana in those states that have decriminalized the use for medical purposes. It is clear that these issues remain unsettled and that there will be further cases and laws related to medical marijuana. Urgencv Ordinance Imposing a Moratorium California Government Code section 65858 provides statutory authority for interim ordinances prohibiting uses that may conflict with a contemplated general plan, specific plan or zoning proposal that the city is studying or plans to study. An interim ordinance--commonly SR:05: 128 Page 2