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12 <br />THE CITY OF <br />- - °' ' °`~ ~`" CITY COUNCIL AGENDA REPORT <br />j~L£~S~4NTONo <br />April 3, 2007 <br />Police/City Attorney <br />TITLE: STATUS REPORT REGARDING COMMUNITY NEEDS FOR MEDICAL <br />MARIJUANA, ALAMEDA COUNTY'S IDENTIFICATION CARD <br />PROGRAM, DISPENSARIES WITHIN THE COUNTY, AND EFFECTS OF <br />DISPENSARIES OPERATING IN OTHER JURISDICTIONS, AND <br />CONSIDER INTRODUCTION OF AN ORDINANCE TO ADD A NEW <br />CHAPTER 6.18 TO THE MUNICIPAL CODE TO PROHIBIT THE <br />OPERATION OF MEDICAL MARIJUANA DISPENSARIES <br />SUMMARY <br />When the City Council last adopted an extension of the moratorium on medical <br />marijuana dispensaries in July 2006, it directed staff to return with information about <br />whether: (i) community needs for medical marijuana were being met; (ii) the County's <br />identification card program; and (iii) communities with dispensaries not having criminal <br />problems. Staff has learned that: (i) one organization advises that clients needing <br />medical marijuana do not always feel comfortable going to dispensaries in Hayward or <br />Oakland; (ii) Alameda County's ID card program has been issuing ID cards since August <br />of 2006; and (iii) while two communities advise that their dispensaries do not have on- <br />site criminal problems, both still note that medical marijuana is illegally diverted to non- <br />qualified persons, including students. <br />Based on the documented negative secondary effects of medical marijuana <br />dispensaries in other communities, such as armed robberies, burglaries, vagrancy, and <br />re-sale to non-qualified persons -particularly minors, staff recommends the introduction <br />of an ordinance to add a new Chapter 6.18 to the Municipal Code to prohibit the <br />operation of medical marijuana dispensaries within the City. The recommended <br />ordinance does not prohibit persons qualified under State law from privately using <br />medical marijuana. <br />RECOMMENDATION <br />Accept information about community needs for medical marijuana, the County of <br />Alameda's identification card program, and dispensary effects and introduce an <br />ordinance to add a new Chapter 6.18 to the Municipal Code to prohibit the operation of <br />medical marijuana dispensaries within the City. <br />FINANCIAL STATEMENT <br />The proposed ordinance would have no financial impact. <br />