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City of San Leandro <br />Meeting Date: July 16, 2012 <br />Ordinance <br />File Number: 12 -343 Agenda Section: ACTION ITEMS <br />Agenda Number: <br />TO: City Council <br />FROM: Chris Zapata <br />City Manager <br />BY: Luke Sims <br />Community Development Director, <br />Sandra Spagnoli <br />Chief of Police and <br />Jayne Williams <br />City Attorney <br />FINANCE REVIEW: David Baum <br />Finance Director <br />TITLE: PASS TO PRINT: An Ordinance Adding Municipal Code Chapter 4 -33 <br />Relating to the Prohibition Against the Establishment and Operation of <br />Medical Marijuana Dispensaries in the City (establishes a ban on medical <br />marijuana cooperatives, collectives, dispensaries and cultivation facilities, to <br />sunset on June 30, 2013) <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 215, <br />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 <br />obtain 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, <br />and the uncertainties also hindered persons eligible to use marijuana for medical purposes <br />from 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, adding <br />Article 2.5, "Medical Marijuana Program" to Division 10 of the California Health and Safety <br />Code § 11362.7, et seq. ( "the Medical Marijuana Program Act ", "the MMPA" or "Program "). <br />The MMPA created a state - approved voluntary medical marijuana identification card program <br />and provided for certain additional immunities from state marijuana laws. Health and Safety <br />City of San Leandro Page 1 Printed on 7/10/2012 <br />