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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> ORDINANCE NO. 2011- <br /> ' ORDINANCE ADDING MUNICIPAL CODE CHAPTER 4 -33 RELATING TO THE <br /> PROHIBITION AGAINST THE ESTABLISHMENT AND OPERATION OF MEDICAL <br /> MARIJUANA COOPERATIVES AND COLLECTIVES IN THE CITY <br /> The City Council of the City of San Leandro does ORDAIN as follows: <br /> Section 1. Findings. <br /> (A) On November 5, 1996 the voters of the State of California approved Proposition <br /> 215, codified at California Health and Safety Code § 11362.5 et seq. and entitled "The <br /> Compassionate Use Act of 1996" ( "the Act" or "the CUA "). The intent of Proposition 215 was <br /> to enable persons who are in need of medical marijuana for specified medical purposes to obtain <br /> and use it under limited, specified circumstances. <br /> (B) Despite voter approval of the Compassionate Use Act, various problems and <br /> uncertainties in the Act impeded law enforcement's ability to interpret and enforce the law, and <br /> the uncertainties also hindered persons eligible to use marijuana for medical purposes from <br /> accessing marijuana, while many persons took advantage of the Act to use marijuana for <br /> recreational and not medicinal purposes. <br /> (C) The California Legislature adopted Senate Bill 420, effective January 1, 2004, <br /> adding Article 2.5, "Medical Marijuana Program" to Division 10 of the California Health and <br /> Safety Code § 11362.7 et seq. ( "the Medical Marijuana Program Act ", "the MMPA" or <br /> "Program "). The MMPA created a state - approved voluntary medical marijuana identification <br /> card program and provided for certain additional immunities from state marijuana laws. Health <br /> and Safety Code § 11362.83 also authorized cities and other local governing bodies to adopt and <br /> enforce rules and regulations consistent with the Program. <br /> (D) While the MMPA intended to clarify the scope of the Act, neither the Federal nor <br /> the State government has implemented a specific plan "to provide for the safe and affordable <br /> distribution of marijuana to all patients in medical need of marijuana," leaving numerous <br /> questions unanswered as to how the CUA and the MMPA should be implemented, particularly in <br /> regard to the distribution of medical marijuana through facilities commonly referred to as <br /> medical marijuana dispensaries. <br /> (E) The chief purposes of the Compassionate Use Act are: (a) to give Californians the <br /> opportunity to obtain and use marijuana in the medical treatment of illnesses for which it <br /> provides appropriate relief, as recommended by a physician, and (b) to ensure that patients and <br /> their primary caregivers who obtain and use marijuana for medicinal purposes upon <br /> recommendation of a physician are not subject to criminal prosecution or sanction. As such, the <br /> primary intention of the Compassionate Use Act was to provide seriously ill Californians with <br /> the right to use marijuana for medicinal purposes, without facing criminal penalties otherwise <br /> - 1 - <br />