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<br />but are not limited to, numeric caps on the total number of dispensaries within <br />a jurisdiction, operational security requirements, and specific separation <br />distances from other dispensaries and/or from schools. <br /> <br />· Approximately 21 cities and counties completely ban dispensaries within their <br />jurisdictions, including Concord, Dublin, San Rafael, and South San Francisco. <br />These complete bans are generally based upon the determination that Federal <br />law continues to make marijuana possession and use a crime. <br /> <br />· Approximately 62 cities and counties have adopted moratoriums on medical <br />marijuana dispensaries, including the City of Pleasant on. <br /> <br />The City adopted its medical marijuana dispensary zoning moratorium on August 16, <br />2005, and extended it thereafter on September 5, 2005. This moratorium will expire on August <br />5, 2006. As noted in prior reports presented to the City Council, the current zoning moratorium <br />does not prohibit qualified patients from using or cultivating medical marijuana, but instead <br />prohibits the establishment of a medical marijuana dispensary in Pleasanton. The moratorium <br />was adopted based on crime, nuisance, and the other negative secondary effects of dispensaries <br />which have arisen in other jurisdictions and related crime impacts in Pleasanton. <br /> <br />Regulation Options <br /> <br />Medical marijuana dispensaries are not currently defined in the Pleasanton Municipal <br />Code. Consequently, persons interested in establishing a dispensary might claim that such a use <br />is similar to a drugstore, prescription pharmacy, medical office, or charitable institution. Then, <br />such persons could seek to operate in various commercial, office or public and institutional <br />zoning districts, possibly as a permitted use (e.g. a use allowed administratively without public <br />hearing and without conditions imposed). <br /> <br />City staff have received at least 2 inquiries about establishing a medical marijuana <br />dispensary in Pleasanton within the past 5 months. <br /> <br />If there is interest in adopting an ordinance to define what is a medical marijuana <br />dispensary, and to allow dispensaries as permitted or conditionally permitted uses, staff would <br />need direction regarding the following issues: <br /> <br />a) In which zoning districts might dispensaries be allowed; <br />b) Whether to allow dispensaries as a permitted use or as a conditionally <br />permitted use; <br />c) If allowed as a conditional use, whether to have standard conditions of <br />approval imposed on operations, or craft conditions on a case-by-case <br />basis; <br /> <br />SR 06:185 <br />