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Medical Marijuana Dispensaries 2 November 15, 2010 • In order to address both community and statewide concerns regarding the establishment of medical marijuana dispensaries, marijuana cultivation facilities, or other land uses deemed legal if a proposition to legalize marijuana is approved, it is necessary for the City of San Leandro to study the potential impact such facilities may have on the public health, safety, and welfare. • Pursuant to Government Code section 65858, the adoption of an interim ordinance on an urgency basis has an effective period of 45 days. Prior to expiration of this time period, the City Council may extend the interim ordinance (by four -fifths vote) for a period beyond 45 days through a noticed public hearing. The City Council may extend the interim ordinance for a maximum period of 22 months and 15 days. This would give a date of September 30, 2012 for expiration of the ordinance. Another option is to extend the interim ordinance for 10 months and 15 days, with the option of an additional one year renewal by subsequent City Council action. Depending on City Council direction, staff anticipates the work necessary to amend the Zoning Code can be completed within 3 -12 months based upon the level of regulation that Council desires staff to research and implement. To provide the City Council with the most comprehensive regulatory and fiscal options to review and assess, staff recommends that the City Council extend the interim urgency ordinance to September 30, 2012, or until Zoning Code amendments are adopted, whichever comes first. This would continue the moratorium on the approval of any planning approvals, building permits, or other entitlements that are necessary for establishment of any new medical marijuana dispensaries, marijuana cultivation facilities or other land uses. BACKGROUND • In 1996 California voters approved Proposition 215, codified as Health and Safety Code Section 11362.5 et. seq., entitled "The Compassionate Use Act of 1996." The intent of Proposition 215 was to enable persons in need of medical marijuana for specified medical purposes to obtain medical marijuana, and use it under limited, specified circumstances. • The Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act of 1996. • Cities throughout California either prohibit medical marijuana dispensaries, marijuana cultivation facilities and other related activities, have a moratorium banning them, or allow them under certain conditions or through certain processes. • Since the adoption of the interim urgency ordinance, Planning staff has been consulting and working with other City departments, including the Police Department, the Finance Department, and the City Attorney's Office, in addition to reviewing material from other Alameda County cities (specifically Oakland, Berkeley, Hayward, Emeryville) on how each jurisdiction has addressed issues related to such land uses in its Municipal Code. Due to the complexity of the issues, related in part to the differences in state and federal