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02
City of Pleasanton
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2007
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6/15/2007 3:03:38 PM
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6/15/2007 3:03:38 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
6/19/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
02
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<br /> <br />ORDINANCE NO. 1955 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADDING <br />A NEW CHAPTER 6.18 TO THE PLEASANTON MUNICIPAL CODE TO PROHIBIT <br />THE OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF <br />PLEASANTON <br /> <br /> <br />“The Compassionate Use Act of 1996” (referred to as Prop. <br />WHEREAS, <br /> <br />215) is the State initiative which allows a qualified person to use and cultivate <br />marijuana for medical purposes; <br />and <br /> <br />WHEREAS, <br /> 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 /> <br />WHEREAS, <br /> 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 /> <br />WHEREAS, <br /> 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 /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />DOES HEREBY ORDAIN AS FOLLOWS: <br /> <br />Section 1. <br />A new Chapter 6.18 shall be added to the Municipal Code as <br />follows: <br />Chapter 6.18 Medical Marijuana Dispensaries <br />6.18.010 Definitions. <br />As used in this chapter, the following terms shall be ascribed the following <br />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 <br />fixed or mobile, where Medical Marijuana is made available to, distributed <br />by, or distributed to one or more of the following: a Qualified Patient, a <br />Person with an Identification Card, or a Primary Caregiver, in accordance <br />with California Health § Safety Code § 11362.5 et. seq., as amended. <br />A medical marijuana dispensary shall not include the following uses, so <br />long as such uses comply with this code, California Health & Safety Code <br />Section 11362.5 et seq., as amended, and other applicable law: <br /> <br />
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