SR 05:261 - Laserfiche WebLink

subsequently stalled by the federal government's position that any use of marijuana violates federal law. In June 2005, the United States Supreme Court issued an opinion in Gonzales v. Raich 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. The U.S. Department of Justice and the Drug Enforcement Administration have continued to enforce federal law against certain medical marijuana dispensaries, describing some as fronts for organized crime. Congressional attempts to declassify marijuana from a prohibited Schedule I drug to a Schedule II drug to allow a doctor to prescribe the drug in certain situations (akin morphine and other addictive drugs) have been unsuccessful to date. 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 called a moratorium--imposes temporary land use controls based on a documented, current and immediate threat to public health, safety, and welfare. An interim ordinance protects and promotes the planning process by prohibiting the introduction of potentially nonconforming land uses that could defeat or impair a later adopted general plan or zoning ordinance. Procedurally, such an ordinance may be adopted initially with or without a public hearing following a 4/5 vote of the legislative body. The initial moratorium lasts for 45 days. After notice and a public hearing, the ordinance may be extended, again with a 4/5 vote, for an additional 10 months and 15 days. Thereafter, the ordinance may be extended for one additional year, again with a 4/5 vote. No more than two extensions may be adopted. The City Council cannot adopt or extend any interim ordinance unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety or welfare, and that granting land use approvals or building permits would result in that threat to public health, safety or welfare. Ten days prior to the expiration of such an ordinance or any extension, a written report is to be issued describing the measures taken to alleviate the condition that led to the adoption of the ordinance. Actions in Other Jurisdictions A number of jurisdictions throughout the state have adopted moratoriums for medical marijuana dispensaries. Locally, these jurisdictions include: Fremont, Dublin, San Leandro, San Pablo, Emeryville and the County of Alameda. With forty-four dispensaries, the City and County of San Francisco adopted a moratorium in April 2005. The City of Livermore also adopted a moratorium at its last regular meeting. The Cities of San Ramon and Danville are not currently considering moratoriums, but administratively take the position that a city cannot issue a business license for activities that violate federal law. SR: 05: 261 Page 3