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students obtain medical marijuana cards; high school students are reportedly obtaining <br /> physician recommendations to use marijuana for such conditions as sleeplessness and <br /> stress; and minors are obtaining medical marijuana cards or physical recommendation for <br /> recreational and non - medicinal purposes. The City Council recognizes the possible <br /> harmful effects on minors exposed to the negative secondary effects and adverse impacts <br /> of facilities dispensing medical marijuana and recognizes the need to adopt this <br /> Ordinance, which will minimize and /or eliminate such exposure within San Leandro. <br /> 4. California communities have reported that the vast majority of facilities <br /> dispensing medical marijuana, purportedly as "cooperatives" or "collectives ", are <br /> operating in violation and contrary to the CUA and the MMPA, in that these marijuana <br /> dispensing facilities are large money making enterprises and are generally operating for <br /> profit and are engaging in the "sale" of marijuana, instead of distributing or making <br /> marijuana available to qualified patients. <br /> 5. In addition to the illegal operations of these money - making entities that sell <br /> marijuana, California communities have reported concerns over the quality of marijuana, <br /> in that certain chemicals including pesticides and insecticides, have been discovered in <br /> the marijuana. In 2010, testing of certain "medical marijuana" distributed through a <br /> dispensary in Los Angeles County revealed high levels of Bifenthrin, a known form of <br /> pesticide or insecticide. Most marijuana dispensaries do not test the marijuana for <br /> dangerous and poisonous substances, nor are warning labels generally attached. The <br /> unmonitored, untested and unlabeled distribution of marijuana poses serious health and <br /> safety concerns. <br /> 6. These reports and experiences from other California cities and counties establish <br /> by convincing evidence that facilities dispensing and distributing medical marijuana <br /> negatively impact the health, safety and welfare of the community because of the <br /> secondary negative effects and adverse impacts described in Subparagraphs (1) -(5), <br /> above. <br /> 7. Relying on the above, the City Council also finds that facilities dispensing and <br /> distributing medical marijuana, may lead to the detrimental secondary effects and adverse <br /> impacts, as specifically described in Subparagraphs (1) -(6), above. The City bases this <br /> conclusion on the experiences of California communities that the City has a reasonable <br /> basis to believe reflect the experiences of its own community. <br /> (R) Moreover, persons in the City of San Leandro that may be in need of medical <br /> marijuana have access to facilities dispensing marijuana in neighboring cities within a short car <br /> ride away, including but not limited to the cities of Oakland and Berkeley. <br /> (S) Pursuant to the City's police powers authorized in Article XI, Section 7 of the <br /> California Constitution, as well as under the City of San Leandro's Charter, and Municipal Code <br /> the City has the power to regulate permissible land uses throughout the City and to enact <br /> regulations for the preservation of public health, safety and welfare of its residents and <br /> community. And, pursuant to Government Code § 38771 the City also has the power through its <br /> City Council to declare actions and activities that constitute a public nuisance. <br /> -6- <br />