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Citv of Santa Rosa. A council member and staff planner advised that the dispensaries were operating without significant calls for police service. An attorney from the City Attorney's Office advised that the Police Department is responding to more calls for illegal cultivation of marijuana in residences in excess of the limits allowed by State law, or by persons who are not qualified patients or caregivers. City of West Hollywood. A staff person from a council member's office advised that the dispensaries were operating without significant calls for police service. City of Placerville. A council member and the chief of police advised that the one dispensary in Placerville operated without significant calls for police service for six months. After that six month period, the dispensary operator closed at his own volition. Generally speaking these cities see community value in making these dispensaries available to the public. These cities advise that the dispensaries within their jurisdictions are not generating significant calls for police service operate pursuant to local regulatory provisions which generally limit the maximum number of dispensaries, do not allow dispensaries to locate within a certain distance of another dispensary, require dispensaries to be a specific distance from schools & parks, set hours of operation, require certain security measures, etc. Any interest in allowing medical marijuana dispensaries to operate in the City should include such regulatory provisions in a permitting process adopted by ordinance. IV. Federal Legislation Proposed legislation is currently pending in Congress, known as the States' Rights to Medical Marijuana Act (H.R. 2233), which would allow states in which medical marijuana may be prescribed or recommended by a physician from being prohibited or restricted by the Federal Controlled Substances Act. Introduced in 2003, the bill is currently with the House of Representatives Subcommittee on Health. If this bill, or a similar bill, becomes law, then the conflict between Federal law and California's Compassionate Use Act would be resolved. At such time, staff could return to the City Council with additional options for allowing medical marijuana dispensaries to be operated within the City. ADDITIONAL OPTIONS In addition to staffs recommendation, as reflected in the attached report, the following additional options are also available: A. Track Federal legislation regarding medical marijuana, and return to the City Council with options if Federal law is amended to allow the use of medical marijuana. B. Communicate in writing to our local congressional delegation requesting support for H.R. 2233. Page 4 of 5