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Medical Marijuana — Prohibition Ordinance 3 May 16, 2011 <br /> The attached ordinance prohibiting marijuana cooperatives and collectives in the City of San <br /> Leandro highlights and expands on many of the topics presented by the City Attorney's Office <br /> and the Police Department at the aforementioned City Council meetings and work sessions. The <br /> ordinance references relevant cases supporting this prohibition ordinance, including nine <br /> California court cases and three federal cases. <br /> The ordinance also describes the substantial evidence that other California cities have <br /> experienced relative to negative secondary effects and adverse impacts, including an increase in <br /> crimes related to marijuana and narcotics distribution and use; an increase in other criminal <br /> activities in the vicinity of these facilities, such as robbery of patients as they enter or leave the <br /> dispensaries; increased incidents of DUIs and street dealings of illegal drugs; burglary of <br /> facilities dispensing medical marijuana; increase in violent crimes, such as armed robberies and <br /> murders; loss of trade for other commercial businesses located near these facilities; organized <br /> crime involvement in the ownership and operation of marijuana dispensaries; money laundering <br /> and firearms violations; physician recommendations for questionable or potentially questionable <br /> cases for qualified use of medical marijuana; unjustified and fictitious physician <br /> recommendations; street dealers in the vicinity of dispensaries illegally offering marijuana for <br /> sale at a lower price to patrons; smoking of marijuana in public; and increased noise and <br /> pedestrian traffic. This material is available for review at the Community Development <br /> Department during normal business hours. <br /> At this time, there are no pending planning or business license applications for dispensaries or <br /> cultivation facilities in the City of San Leandro. Also, San Leandro residents, with medical <br /> marijuana identification cards, are able to access medical marijuana in Alameda County and the <br /> cities of Oakland and Berkeley. <br /> Current City Council Policy <br /> • At the conclusion of its February 28, 2011 meeting, the City Council directed staff to <br /> prepare an ordinance prohibiting medical marijuana dispensaries and cultivation. <br /> Previous City Council Action(s) <br /> The City Council adopted an interim urgency ordinance and moratorium on Medical Marijuana <br /> Dispensaries in late 2004 and early 2005. At the conclusion of the moratorium, the City took no <br /> further action to amend its Zoning Code to address marijuana dispensaries, or cultivation <br /> facilities. <br /> An Interim Urgency Ordinance (Ordinance 2010 -012) was enacted by the City Council at its <br /> October 4, 2010 meeting. On November 15, 2010, by Ordinance 2010 -021, the moratorium was <br /> extended by 10 months and 15 days to September 30, 2011. Two work sessions were held to <br /> analyze and consider various options. The City Council directed staff to prepare this prohibition <br /> ordinance at the February 28, 2011 City Council work session. <br /> City Council Committee Review and Action <br /> Not Applicable. <br />