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Medical Marijuana — Prohibition Ordinance 2 May 16, 201 I <br /> • The Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act of <br /> 1996, effective January 1, 2004. <br /> • The San Leandro Municipal Code and Zoning Code are silent regarding the regulation of <br /> medical marijuana dispensaries and cultivation facilities. <br /> • The City of San Leandro received inquiries regarding the permitting and establishment of <br /> medical marijuana dispensaries and marijuana cultivation facilities within the City due, in <br /> part, to other Alameda County cities' laws and restrictions as well as the anticipation of <br /> voter approval of Proposition 19 or another state ballot proposition Legalizing marijuana. <br /> • Cities throughout California either prohibit medical marijuana dispensaries, marijuana <br /> cultivation facilities and other related activities, have a moratorium banning them, or <br /> allow them under certain conditions or through certain processes. <br /> Discussion <br /> During the fall of 2010 and winter of 2011, the City Council met four times to discuss issues <br /> related to Medical Marijuana regulations. The material presented was a collaboration by various <br /> staff in the City Manager's and City Attorney's Offices, the Police Department and the <br /> Community Development Department. <br /> During the moratorium, staff surveyed various communities, including all cities in Alameda <br /> County and Alameda County itself. Six cities have ordinances that prohibit dispensaries and <br /> cultivation: Alameda, Dublin, Emeryville, Fremont, Livermore and Pleasanton. The cities of <br /> Berkeley, Oakland and Albany, as well as Alameda County have ordinances that allow for <br /> dispensaries. Berkeley and Oakland each allow four dispensaries while Albany's ordinance <br /> would allow one dispensary. <br /> The State of California Attorney General's Office provided Guidelines for the sale of medical <br /> marijuana. Medical marijuana patients and primary caregivers may associate within the State of <br /> California in order to collectively and cooperatively cultivate marijuana for medical purposes. <br /> Sales must occur through not for profit cooperatives or collectives. In order to operate legally <br /> under Proposition 215 (The Compassionate Use Act of 1996), there must be a connection <br /> between individuals with medical marijuana identification cards, primary care givers, and the <br /> non - profit cooperative or collective. <br /> No Alameda County cities have ordinances that allow for cultivation only. The cities of <br /> Berkeley and Oakland, in November of 2010, passed ordinances related to expanded cultivation <br /> facilities. Passage of these ordinances led to a warning, in December of 2010, from Alameda <br /> County District Attorney Nancy O'Malley to the City of Oakland City Council and staff that <br /> large scale cultivation is illegal and punishable. Earlier in February, United States Attorney <br /> Melinda Haag warned Oakland officials that large scale marijuana farms licensed by the City <br /> would violate federal law. <br />