SR 05:261 - Laserfiche WebLink

Other jurisdictions have adopted ordinances regulating medical marijuana dispensaries. The City of Oakland has adopted regulations for the location and operation of up to four medical marijuana dispensaries, defined as distribution to four or more patients. The City of Berkeley adopted a zoning ordinance to limit the number of dispensaries to the three already existing within City limits, but abandoned a further regulatory scheme given uneasiness with issuing city use permits for uses prohibited by federal law. The City of Fresno adopted an ordinance prohibiting medical marijuana dispensaries defined as a primary caregiver providing medical marijuana to three or more qualified patients. In April 2005, Americans for Safe Access (a nonprofit advocating medical marijuana use located in Oakland) filed a lawsuit to declare Fresno's ordinance a violation of the Compassionate Use Act. This case is pending. DISCUSSION Activitv since August 16, 2005 Since the City Council meeting on August 16,2005, staff has received another inquiry about establishing a medical marijuana dispensary in Pleasanton. The individual who called said that he and his business partner had been trying to open or buyout a dispensary in San Francisco and had run into obstacles, so were now looking in the Tri- Valley area. In the midst of the ongoing conflict between federal and state laws regarding medical marijuana and the increasing number of jurisdictions adopting moratoriums on medical marijuana dispensaries, staff recommends that the City Council extend the existing moratorium on medical marijuana dispensaries to provide sufficient time to analyze the matter and protect the public health, safety and welfare. The Pleasanton Municipal Code currently does not define or regulate medical marijuana dispensaries either through a Police Department permitting process or through land use regulations. Thus, a person interested in opening such a dispensary might argue that the use is similar to a pharmacy, medical office or limited retail use and locate in a number of zoning districts without any further review. Letter to Congressional Representatives At the Council meeting on August 16,2005, staff understood that the Council wanted staff to explore whether an effective regulatory scheme of medical marijuana dispensaries could be crafted. Staff will be formulating points for later discussion and guidance to staff in drafting such regulations. In the interim and in response to an idea raised at the Council meeting on August 16,2005, staff has prepared the attached letter to U.S. Senators Dianne Feinstein and Barbara Boxer and U.S. Representatives Richard Pombo and Pete Stark suggesting that the federal government consider declassifying marijuana from a prohibited Schedule I drug to a Schedule II drug. Such an action would allow marijuana to be dispensed through the existing pharmaceutical channels (i.e. pharmacies, hospitals, etc.) with a doctor's prescription within the existing framework of federal laws. SR: 05: 261 Page 4