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10F Action 2012 0716
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10F Action 2012 0716
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7/24/2012 4:12:02 PM
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7/11/2012 11:51:50 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/16/2012
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_CC Agenda 2012 0716 CS+RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0716
MO 2012-029
(Reference)
Path:
\City Clerk\City Council\Minute Orders\2012
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File Number: 12 -343 <br />impacts of facilities dispensing and /or cultivating medical marijuana. The City Council finds <br />that these reports are relevant to the problems addressed by the City of San Leandro in <br />enacting this Ordinance to preserve and safeguard public health, safety and welfare by <br />protecting against the negative secondary effects and adverse impacts of facilities dispensing <br />and /or cultivating medical marijuana, and more specifically finds that these reports provide <br />convincing evidence that: <br />(1) There is substantial evidence that other California cities that have permitted the <br />establishment and operation of facilities for the purpose of dispensing or cultivating <br />medical marijuana have experienced negative secondary effects and adverse impacts, <br />including an increase in crimes of marijuana and narcotics distribution and use; an <br />increase in other criminal activities in the vicinity of these facilities, such as robbery of <br />patients as they go in or leave the dispensaries; increased instances of DUls and street <br />dealings of illegal drugs; burglary of facilities dispensing medical marijuana; increases <br />in violent crimes, such as armed robberies and murders; loss of trade for other <br />commercial businesses located near these facilities; organized crime involvement in <br />the ownership and operation of marijuana dispensaries; money laundering and firearms <br />violations; physicians making recommendations for questionable or potentially <br />questionable cases of qualified use of medical marijuana; unjustified and fictitious <br />physician recommendations; street dealers in the vicinity of dispensaries offering <br />marijuana at a lower price to arriving patrons; smoking of marijuana in the public; and <br />increased noise and pedestrian traffic. <br />(2) In light of the negative secondary effects and adverse impacts described above, the <br />City Council finds that operation of facilities dispensing or cultivating medical marijuana <br />will burden and strain the City's law enforcement resources, in that law enforcement <br />assistance would often be required to address and respond to increased criminal <br />activities. <br />(3) California communities have also experienced that the operation of facilities <br />dispensing medical marijuana negatively impact minors. For example, medical <br />marijuana dispensaries advertise to high school students by leaving fliers on cars in the <br />students' parking lot and offering discounts on marijuana products; medical marijuana <br />shops target healthy minors as young as 14 years of age through street contacts, <br />suggesting that students obtain medical marijuana cards; high school students are <br />reportedly obtaining physician recommendations to use marijuana for such conditions <br />as sleeplessness and stress; and minors are obtaining medical marijuana cards or <br />physical recommendation for recreational and non - medicinal purposes. The City <br />Council recognizes the possible harmful effects on minors exposed to the negative <br />secondary effects and adverse impacts of facilities dispensing medical marijuana and <br />recognizes the need to adopt this Ordinance, which will minimize and /or eliminate such <br />exposure within San Leandro. <br />(4) California communities have reported that the vast majority of facilities dispensing <br />medical marijuana, purportedly as "cooperatives" or "collectives ", are operating in <br />violation and contrary to the CUA and the MMPA, in that these marijuana dispensing <br />facilities are large money making enterprises and are generally operating illegally for <br />profit and are engaging in the "sale" of marijuana, instead of distributing or making <br />marijuana available to qualified patients. <br />City of San Leandro Page 6 Printed on 711012012 <br />
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