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Medical Marijuana Moratorium 3 September 6, 2011
<br />DISCUSSION
<br />Report Per California Government Code section 65858(d)
<br />Government Code section 65858(d) requires a written report describing the measures taken to
<br />alleviate the condition which led to the adoption of the ordinance. This Staff Report explains the
<br />City's activities and measures taken for the period since November 15, 2010, when the urgency
<br />ordinance was extended by 10 months and 15 days to September 30, 2011.
<br />City staff from the Police Department, City Attorney's Office and Community Development
<br />Department reviewed material from other cities and counties in California with respect to their
<br />laws regulating medical marijuana dispensaries and cultivation facilities, including, but not
<br />limited to, Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore,
<br />Newark, Oakland, Piedmont, Pleasanton, Union City, Sebastopol, Santa Cruz, Santa Barbara,
<br />South San Francisco, Redding, Rocklin, Shasta Lake, San Diego, Alameda County, Modoc
<br />County, and Tehama County. Staff also reviewed recent newspaper articles and other literature,
<br />including the White Paper on Maryuana Dispensaries by the California Police Chiefs
<br />Association's Task Force on Marijuana Dispensaries, Attorney General's Guidelines for the
<br />Security and Non - Diversion of Marijuana Grown for Medical Use (August 2008), American
<br />Planning Association Planning Magazine (May /June 2010), HCED (Housing, Community and
<br />Economic Development) Listsery regarding medical marijuana dispensaries and cultivation, as
<br />well as information from the U.S. Attorney General's office and Alameda County District
<br />Attorney's Office.
<br />On November 8, 2010, the City Council held a work session to review legal issues related to
<br />medical marijuana dispensaries and cultivation facilities, including the Qualified Patients
<br />Association v. City of Anaheim (2010) case (Case No. G040077). At the February 28, 2011 City
<br />Council work session, staff presented information to the City Council for review and
<br />consideration. On February 28, 2011, the City Council directed staff to prepare an ordinance
<br />prohibiting land uses related to Medical Marijuana Dispensaries and Cultivation Facilities. Staff
<br />prepared the ordinance and attachments for the May 16, 2011 City Council meeting. At the May
<br />16, 2011 City Council meeting, the City Council expressed a desire to continue to gather
<br />additional information from other municipalities regarding their Medical Marijuana ordinances
<br />relative to cultivation facilities. The City Council noted that key information regarding
<br />cultivation facilities was still in a state of flux.
<br />Staff continues to research, and gather information related to the regulation of marijuana
<br />cultivation facilities. The moratorium is necessary to allow City staff to disseminate the
<br />information, analyze it, formulate a recommendation, and present to the City Council for their
<br />review and further direction.
<br />Current City Council Policy
<br />Not applicable
<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.
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