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imposed under State law, and not to legalize marijuana for recreational use, legitimize illegal <br /> drug use or fuel the market for illegal drug sales. <br /> (F) The Compassionate Use Act is limited in scope, in that it only provides a defense <br /> from criminal prosecution for possession and cultivation of marijuana to qualified patients and <br /> their primary caregivers. The scope of the Medical Marijuana Program is also limited in that it <br /> establishes a statewide identification program and affords qualified patients, persons with <br /> identification cards, and their primary caregivers an affirmative defense to certain enumerated <br /> criminal sanctions that would otherwise apply to transporting, processing, administering or <br /> distributing marijuana. <br /> (G) The Compassionate Use Act and Medical Marijuana Program Act do not appear <br /> to have facilitated the stated goals of providing access to marijuana for patients in medical need <br /> of marijuana, but instead the predominant use of marijuana has been for recreational and not - <br /> medicinal purposes as provided in a report issued by the California Police Chiefs Association in <br /> September 2009, entitled "California Police Chiefs Association Position Paper on the <br /> Decriminalization of Marijuana ": "[I]t has become clear, despite the claims of use by critically ill <br /> people that only about 2% of those using crude Marijuana for medicine are critically ill. The <br /> vast majority of those using crude Marijuana as medicine are young and are using the substance <br /> to be under the influence of THC [tetrahydrocannabinol] and have no critical medical condition." <br /> ( "White Paper on Marijuana Dispensaries" issued by California Police Chiefs Association's Task <br /> Force on Marijuana Dispensaries, available at the City's Community Development Department, <br /> noted as Exhibit A). <br /> (H) Facilities purportedly dispensing marijuana for medicinal purposes are commonly <br /> referred to as medical marijuana dispensaries, medical marijuana cooperatives, or medical <br /> marijuana collectives; however, these terms are not defined anywhere in the Compassionate Use <br /> Act nor Medical Marijuana Program Act. Significantly, nothing in the CUA or the MMPA <br /> specifically authorizes the operation and the establishment of medical marijuana dispensing <br /> facilities. <br /> (I) Further, neither the CUA nor the MMPA require or impose an affirmative duty or <br /> mandate upon local governments, such as the City of San Leandro ( "San Leandro" or "City "), to <br /> allow, authorize, or sanction the establishment, or operation of facilities dispensing medical <br /> marijuana within its jurisdiction. Moreover, the Compassionate Use Act did not create a <br /> constitutional right to obtain medical marijuana. <br /> (J) Health and Safety Code § 11362.765 specifically prohibits the cultivation or <br /> distribution of medical marijuana for profit. <br /> (K) It is critical to note that the Act does not abrogate the City's powers to regulate for <br /> public health, safety and welfare. Health and Safety Code § I I 362.5(b)(2) provides that the Act <br /> does not supersede any legislation intended to prohibit conduct that endangers others. And, <br /> Health and Safety Code § 11352.83 authorizes cities and counties to adopt and enforce rules and <br /> regulations consistent with the Medical Marijuana Program Act. <br /> -2- <br />