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12
City of Pleasanton
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CITY CLERK
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2007
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040307
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3/29/2007 2:53:24 PM
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3/29/2007 2:53:23 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/3/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
12
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ORDINANCE NO. <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />ADDING A NEW CHAPTER 6.18 TO THE PLEASANTON MUNICIPAL CODE <br />TO PROHIBIT THE OPERATION OF MEDICAL MARIJUANA DISPENSARIES <br />IN THE CITY OF PLEASANTON <br />WHEREAS, "The Compassionate Use Act of 1996" (referred to as Prop. 215) is <br />the State initiative which allows a qualified person to use and cultivate marijuana for <br />medical purposes; and <br />WHEREAS, Prop. 215 is in conflict with Federal law, which makes it illegal to <br />cultivate, possess or consume marijuana, even for medical necessity; and <br />WHEREAS, communities in California with medical marijuana dispensaries <br />report armed robberies of dispensaries and persons leaving dispensaries, after-hours <br />robberies, vagrancy, and diversion of medical marijuana to non-qualified persons; and <br />WHEREAS, the prohibition of the operation of medical marijuana dispensaries <br />within the City of Pleasanton does not bar qualified persons from using medical <br />marijuana in private in compliance with State law. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />DOES HEREBY ORDAIN AS FOLLOWS: <br />Section 1. Anew Chapter 6.18 shall be added to the Municipal Code as follows: <br />Chapter 6.18 Medical Marijuana Dispensaries <br />6.18.10 Definitions. <br />As used in this chapter, the following terms shall be ascribed the following meanings: <br />A. "Medical Marijuana" means marijuana in compliance with California Health & <br />Safety Code §§ 11362.5 et seq. <br />B. "Medical Marijuana Dispensary" means any facility or location, whether fixed or <br />mobile, where Medical Marijuana is made available to, distributed by, or <br />distributed to one or more of the following: a Qualified Patient, a Person with an <br />Identification Card, or a Primary Caregiver, in accordance with California Health <br />§ Safety Code § 11362.5 et. seq., as amended. <br />A medical marijuana dispensary shall not include the following uses, so long as <br />such uses comply with this code, California Health & Safety Code Section <br />11362.5 et seq., as amended, and other applicable law: <br />
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