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<br />d) Whether to establish location restrictions whereby dispensaries may not <br />be located within a certain distance to schools, parks, residences or other <br />sensitive uses; <br />e) Whether to have separation restrictions to require a minimum distance <br />between dispensaries; <br />f) Will there be a limit on the total number of dispensaries to operate in <br />Pleasanton; <br />g) What are potential regulations regarding the operation, hours, security <br />features, etc. which would be imposed on dispensaries; <br />h) Whether to rely on the Alameda County program for eligible patient <br />identification cards, or adopt a Pleasanton-specific identification card <br />program; <br />i) Whether to require licensing and criminal background check processes <br />for proposed operators and employees of a dispensary; <br />j) Whether to require insurance for operators; and <br />k) Any other regulations. <br /> <br />After receiving direction on the issues listed above, an ordinance can be drafted and <br />presented to the City Council for consideration. Or, staff can return to the City Council with <br />more detailed information about how other cities and counties with ordinances regulating <br />dispensaries are handling these types of issues. <br /> <br />Because the current zoning moratorium expires on August 5, 2006, staff recommends that <br />if the City Council desires to consider an ordinance to regulate the operation of medical <br />marijuana dispensaries in Pleasanton, the City Council still extend the current moratorium for at <br />least 4 months to provide time for City Council consideration and adoption of such an ordinance <br />(as an ordinance does not become effective until 30 days after City Council adoption). <br /> <br />Prohibition Option <br /> <br />With the decision by the United States Supreme Court in Raich, several cities and counties <br />have adopted ordinances completely prohibiting medical marijuana dispensaries within their <br />jurisdictions based on the premise that marijuana use, possession, sale, cultivation, etc. remains <br />illegal under Federal law. In addition, some of these jurisdictions have found that allowing <br />medical marijuana dispensaries will subject city police and city officials to aiding and abetting <br />liability under Federal law. Lastly, some cities and counties with bans also note that neither <br />Proposition 215 nor SB 420 require a local agency to allow a dispensary within its jurisdiction. <br /> <br />Medical marijuana proponents have filed legal actions against some jurisdictions which <br />adopted complete prohibitions on dispensaries. As of the writing of this report, lawsuits filed <br /> <br />SR06:185 <br />