SR 05:128 - Laserfiche WebLink

. Clry O~A ~~4 A/4y () 841\1]-0 Police Services Department Ctr " 20. 'AI Y.ql); 'OS OI;>J\I~y MEMORANDUM DATE: October 5, 2004 TO: Richard C. Ambrose, City Manager FROM: Gary 1. Thuman, Police Chief SUBJECT: Medical Marijuana Dispensaries This is a follow-up to my request we explore the feasibility of restricting or regulating medical marijuana dispensaries in our City. You asked me to contact Libby Silver's office for direction. One of the attorneys in her office, Michael Voss, and I spoke about this issue. He told me he had done previous work with several cities on this topic and provided me with copies of several ordinances from those cities. In July of this year, Mark Siemens, Chief of Police for the City of Rocklin, researched this issue and provided the Rocklin City Council with a summary and recommendation. The following is a synopsis. Proposition 215 passed by voters codified into the California Health and Safety Code the "Compassionate Use Act of 1996." The intent was to enable people in need of marijuana for medical purposes, the ability to obtain and use it without fear of criminal prosecution under limited, specific circumstances. Certain entrepreneurial types have used the situation to create commercial endeavors to distribute marijuana to those who qualify under the "Compassionate Use Act of 1996." The proposition is ambiguous regarding details of doctor recommendations and the distribution of the substance. The act was developed, intentionally, apart from the prescriptive drug distribution systems so as to be distinguished from them. Prescription drugs are controlled by the Federal Food and Drug Administration and under Federal Law the use, possession, transportation, and distribution of marijuana is illegal. The use of marijuana under the "Compassionate Use Act of 1996" is not the issue; at issue is the location of businesses for the commercial distribution of marijuana and the potential impacts to the public health, safety and welfare of communities. Chief Siemens recommended to the Rocklin City Council a change to its zoning law, pertaining to medical marijuana dispensaries, to avoid impacts experienced in other communities. Siemens identified the following cities and impacts told to him by the respective police chiefs: City of Roseville 0 Street level dealers trying to sell to those going to the dispensary at a lower price 0 People smoking marijuana in public around the facility 0 People coming to the community from out of town and out of to state to obtain marijuana 0 Marijuana DUI by people who have obtained it from dispensary 0 At least one burglary attempt into the dispensary