10B Action 2012 0618 - Laserfiche WebLink

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File Number: 12 -296 expire September 30, 2012; all opportunities for renewal have been exercised, and are now by law exhausted. See California Government Code section 65858. As such, the City should enact a comprehensive set of land use regulations, or ban such land uses before the moratorium expires at the end of September in order to establish a firm policy on such land uses. To not do so could arguably put the City's current policy at cross purposes with the Anaheim holding that federal law probably does not preempt state medical marijuana laws as they relate to such facilities. Law Enforcement Analysis In 2011, the Department of Justice issued a memorandum to federal prosecutors stating that marijuana dispensaries and licensed growers in states with medical marijuana laws could face prosecution for violating federal drug and money - laundering laws. Under Federal law, a dispensary's operations involving the sales and distribution of marijuana are illegal and subject to criminal prosecution. Under the law, real and personal property involved in such operations are subject to seizure by and forfeiture to the United States. Attorney General Kamala Harris recently issued a memorandum to California Law Enforcement officials stating that the current medical marijuana laws are being "exploited by gangs, criminal enterprises, and others." After conducting research with state, federal, patient and civil rights communities it was concluded that the California medical marijuana laws need to be reformed, simplified, and improved to explain how, when, and where individuals may cultivate and obtain physician recommended marijuana. A critical element of this reform is also to educate law enforcement with guidelines for enforcement. In her memorandum Attorney General Harris urges the California legislature to amend the law to establish clear rules governing medical marijuana. Attorney General Harris states "We cannot protect the will of the voters, or the ability of seriously ill patients to access their medicine, until statutory changes are made that define the scope of the group cultivation right, whether dispensaries and edible marijuana products are permissible and how marijuana grown for medical use may lawfully be transported." The City of San Leandro has seen firsthand how medical marijuana laws are being exploited and the dangers that have impacted the San Leandro community. Since 2011, the San Leandro Police Department (SLPD) seized over 17,627 marijuana plants and 108,193 grams (238 pounds) of marijuana. With the estimate that one plant of marijuana yields approximately one -half pound per cycle, the plants seized by the Narcotics Unit have an approximate street value of $24,235,750.00. The approximate street value of the finished marijuana is $654,500. These totals are based upon a conservative estimate of $2,750 per pound of marijuana at street level prices. Therefore since 2011, the estimated value of marijuana seized is approximately 25 million dollars. Approximately eighty five percent of those seizures were from marijuana grows in San Leandro residential neighborhoods. The San Leandro Narcotics Unit has noticed that during their cultivation investigations individuals are using fraudulent medical paperwork in various homes to make it look like they are complying with the Acts. Oftentimes these residential grow houses are bypassing or stealing electrical power, which causes serious risk for residential fires. Recently an indoor marijuana grow was the cause of a fire on Warwick Ave. While putting out the fire, an Alameda County Firefighter was injured and had to be taken to a local hospital for treatment. According to PG &E, electrical rates are going up 6 to 7 percent each year. A factor for this City of San Leandro Page 4 Printed on 611212012