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File Number: 12 -343 cooperatives. (N) Marijuana remains an illegal substance under the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq. and is classified as a "Schedule I Drug," which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for its use under medical supervision. Furthermore, the Federal Controlled Substances Act makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense marijuana. The Controlled Substances Act contains no statutory exemption for the possession of marijuana for medical purposes. (0) The City Council, in adopting this Ordinance, takes legislative notice of the following federal cases: (1) United States v. Oakland Cannabis Buyers' Cooperative (2001), 532 U.S. 483 [finding that there is no medical necessity defense or exemption for the possession of medical marijuana under the federal Controlled Substances Act]; (2) Gonzalez v. Raich ( 2005), 545 U.S. 1 [holding that under the Commerce Clause of the U.S. Constitution, Congress can prohibit the manufacture, cultivation, distribution and possession of marijuana pursuant to the Federal Controlled Substances Act, even as such prohibitions apply to marijuana manufactured, cultivated, distributed or possessed under the auspices of the Act]; and (3) James v. City of Costa Mesa et al. (Case No. SACV 10 -402 AG (MLGx)) [District Court ruling denying plaintiffs' preliminary injunction and finding that medical marijuana users are not qualified individuals under the Americans with Disabilities Act because marijuana remains an illegal drug under the Federal Controlled Substances Act]. (P) The City Council, in adopting this Ordinance, takes further legislative notice of the existence and content of the following reports concerning the negative secondary effects and adverse impacts of facilities dispensing medical marijuana: September 2009, "California Police Chiefs Association Position Paper on Decriminalizing Marijuana "; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Police Chiefs Association, April to June 2010; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Police Chiefs Association, January to March 2010; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Police Chiefs Association, July to September 2008; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Police Chiefs Association, April to June 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Police Chiefs Association, January to March 2009; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Police Chiefs Association, September to December 2007; "Medical Marijuana Dispensaries and Associated Issues" presented to the California Police Chiefs Association, October to December 2009 "Medical Marijuana Dispensaries and Associated Issues" presented to the California Police Chiefs Association [undated]. These reports are available at the City's Community Development Department, noted as Exhibit B). (Q) In adopting this Ordinance, the City Council also takes notice of the existence and contents of various newspaper articles concerning negative secondary effects and adverse City of San Leandro Page 5 Printed on 711012012