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