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BACKGROUND <br />"The Compassionate Use Act of 1996" (referred to as Prop. 215) is the State initiative <br />which allows a qualified person to use and cultivate marijuana for medical purposes. <br />Subsequently, the State legislature adopted clarifying regulations (SB 420 in 2003), <br />including the requirement for each county to establish a medical marijuana identification <br />card program (which is voluntary for qualified persons). <br />Irrespective of Prop. 215, under Federal law as interpreted by Federal courts, it remains <br />illegal to cultivate, possess or consume marijuana, even for medical necessity. <br />As communities in California began to allow medical marijuana dispensaries within their <br />jurisdictions, reports of armed robberies of dispensaries and persons leaving <br />dispensaries, after-hours robberies, vagrancy, and diversion of medical marijuana to <br />non-qualified persons was reported. <br />Such negative secondary effects of medical marijuana dispensaries were the basis for <br />the City Council to adopt and extend a moratorium on medical marijuana dispensaries, <br />which moratorium will expire in September 2007. When the City Council last extended <br />the moratorium, staff was directed to return with information about: <br />A. Whether the community's need for medical marijuana was being met; <br />B. Alameda County's ID card program and dispensaries operating in the County; <br />and <br />C. Are there any communities with dispensaries that are not having criminal <br />problems. <br />DISCUSSION <br />A. Community Needs. <br />City staff asked the following agencies regarding the need for and availability of medical <br />marijuana to Tri Valley residents with chronic pain, life-threatening illnesses, or HIV- <br />related diseases: Community Resources for Independent Living (CRIL), Hope Hospice, <br />Tri-Cities Health Center (located in Fremont), and Axis Community Health. The only <br />organization prescribing medical marijuana is Tri-Cities Health Center. City staff did not <br />survey physicians/groups, for-profit clinics or alternative medicine providers. <br />Tri-Cities Health Center staff advised that residents of East County who are living with <br />HIV have had problems using the medical marijuana suppliers in Hayward and Oakland. <br />These persons report that they are uncomfortable with the people inside the <br />dispensaries (the other customers), as well as the vagrants outside of the dispensaries <br />(e.g. being approached by homeless persons, etc.). <br />Page 2 of 6 <br />