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File Number: 12 -341 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 increase is the power being stolen to illegally cultivate marijuana. Indoor marijuana grows also destroy properties in our communities. Marijuana grows cause hazardous mold to spread in rooms used for cultivating, destroy interior carpet, and cause major electrical problems to homes. These homes are often eyesores in our community due to the neglect by illicit marijuana cultivators. Homes are not painted, lawns are not mowed, and trash often accumulates on these properties. It should be noted that the San Leandro Police Department complies with Proposition 215 and has investigated 10 marijuana grows where no enforcement action was taken because the subjects were in compliance. The City of San Leandro has seen significant acts of violence surrounding the cultivation and sale of marijuana. In 2011, a shooting occurred in the Walmart parking lot on Hesperian Blvd, where a victim was shot in the neck. At the scene, marijuana was recovered in the parking lot packaged for sale. It was later determined that the victim attempted to steal marijuana from the suspect (seller) who shot the victim after he tried to flee the area. This shooting occurred in a notoriously busy parking lot with many innocent people walking or driving in the lot to shop. City of San Leandro Page 5 Printed on 612612012