22 ATTACHMENT - Laserfiche WebLink

employee from a dispensary operating in another community who lives in Pleasanton was the victim of a home robbery where a large sum of cash in transit from the dispensary was stolen from this person's Pleasanton home. While crime related to dispensary operations would be a major concern if dispensaries were allowed to operate in Pleasanton, the most significant concern is the likely diversion of medical marijuana to non-qualified persons, particularly minors. As reported in the press in February of this year, Pleasanton police, in conjunction with the Alameda County Sheriff's Office, arrested four persons related to an ecstasy drug ring, where one of the arrestees allegedly purchased marijuana with a medical marijuana ID card, which he re-sold to Pleasanton high school students, and thereafter sold ecstasy pills to the same Pleasanton high school students who previously purchased the diverted medical marijuana. Other incidents of illegal diversion of medical marijuana to Pleasanton students can be addressed by the Chief of Police. The proposed attached ordinance would add a new Chapter 6.18 to the Municipal Code3 to prohibit the operation of medical marijuana dispensaries within the City. Many of the definitions of the proposed ordinance mirror State law. Exempt from the prohibition are specific State-licensed facilities, such as health care, residential care for persons with chronic life-threatening illness, residential care for the elderly, and hospice, so long as such facilities are otherwise operating in compliance with City zoning and other regulations. A violation of this prohibition of medical marijuana dispensaries would constitute a misdemeanor. Other Alameda County cities which have adopted prohibitions on medical marijuana dispensaries include Dublin, Fremont, Livermore, Newark and Union City. On the other hand, Alameda County, Berkeley, Hayward and Oakland permit dispensaries to operate within their communities. As noted above, many dispensaries in other communities provide for delivery services. Thus, qualified persons in Pleasanton needing medical marijuana would still have a choice of locations from which to purchase medical marijuana in another jurisdictions, or have it delivered to their home. The proposed ordinance would not bar the use of medical marijuana by qualified persons in private. The proposed ordinance only prohibits the establishment of a medical marijuana dispensary within the City limits. Environmental Review The proposed ordinance is exempt from review under the California Environmental Quality Act (CEQA) because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment. (See Title 14 Cal. Code of Regs. §§ 15060(c)(2), 15601(b)(3) and 15262.) ' The proposed Chapter 6.18 would be in Title 6, where Specific Business Regulations are located, such as Drug Paraphernalia or Firearm Sales. Placement of this prohibition in Title 6 does not require an amendment to each district within the zoning provisions of the Municipal Code. Page 5 of 6