ORD 1955 - Laserfiche WebLink

ORDINANCE NO. 1955 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADDING A NEW CHAPTER 6.18 TO THE PLEASANTON MUNICIPAL CODE TO PROHIBIT THE OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PLEASANTON WHEREAS, "The Compassionate 215) is the State initiative which allows marijuana for medical purposes; and Jse Act of 1996" (referred to as Prop. a qualified person to use and cultivate WHEREAS, Prop. 215 is in conflict with Federal law, which makes it illegal to cultivate, possess or consume marijuana, even for medical necessity; and WHEREAS, communities in California with medical marijuana dispensaries report armed robberies of dispensaries and persons leaving dispensaries, after-hours robberies, vagrancy, and diversion of medical marijuana to non-qualified persons; and WHEREAS, the prohibition of the operation of medical marijuana dispensaries within the City of Pleasanton does not bar qualified persons from using medical marijuana in private in compliance with State law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Anew Chapter 6.18 shall be added to the Municipal Code as follows: Chapter 6.18 Medical Marijuana Dispensaries 6.18.010 Definitions. As used in this chapter, the following terms shall be ascribed the following meanings: A. "Medical Marijuana" means marijuana in compliance with California Health & Safety Code §§ 11362.5 et seq. B. "Medical Marijuana Dispensary" means any facility or location, whether fixed or mobile, where Medical Marijuana is made available to, distributed by, or distributed to one or more of the following: a Qualified Patient, a Person with an Identification Card, or a Primary Caregiver, in accordance with California Health § Safety Code § 11362.5 et. seq., as amended. A medical marijuana dispensary shall not include the following uses, so long as such uses comply with this code, California Health & Safety Code Section 11362.5 et seq., as amended, and other applicable law: