10F Action 2012 0716 - Laserfiche WebLink

Home

File Number: 12 -343 (5) In addition to the illegal operations of these money- making entities that sell marijuana, California communities have reported concerns over the quality of marijuana, in that certain chemicals including pesticides and insecticides, have been discovered in the marijuana. In 2010, testing of certain "medical marijuana" distributed through a dispensary in Los Angeles County revealed high levels of Bifenthrin, a known form of pesticide or insecticide. Most marijuana dispensaries do not test the marijuana for dangerous and poisonous substances, nor are warning labels generally attached. The unmonitored, untested and unlabeled distribution of marijuana poses serious health and safety concerns. (6) These reports and experiences from other California cities and counties establish by convincing evidence that facilities dispensing and distributing medical marijuana negatively impact the health, safety and welfare of the community because of the secondary negative effects and adverse impacts described in Subparagraphs (1) -(5), above. (7) Relying on the above, the City Council also finds that facilities dispensing and distributing medical marijuana, may lead to the detrimental secondary effects and adverse impacts, as specifically described in Subparagraphs (1) -(6), above. The City bases this conclusion on the experiences of California communities that the City has a reasonable basis to believe reflect the experiences of its own community. (R) Moreover, persons in the City of San Leandro that may be in need of medical marijuana have access to facilities dispensing marijuana in neighboring cities within a short car ride away, including but not limited to the cities of Oakland and Berkeley and unincorporated Alameda County. In addition, the City of San Leandro Police Department acts in compliance with the Act in the enforcement of medical marijuana cultivation, possession and use such that qualified patients and their primary caregivers may safely access their medicine as long as they use the medicine in compliance with the law. (S) Pursuant to the City's police powers authorized in Article XI, Section 7 of the California Constitution, as well as under the City of San Leandro's Charter, and Municipal Code the City has the power to regulate permissible land uses throughout the City and to enact regulations for the preservation of public health, safety and welfare of its residents and community. And, pursuant to Government Code § 38771 the City also has the power through its City Council to declare actions and activities that constitute a public nuisance. (T) The City Council finds that neither the CUA nor the MMPA preempt the City's exercise of its traditional police powers in enacting regulations, as well as legislation for preservation of public health, safety and welfare, such as this Ordinance prohibiting the establishment and operation of medical marijuana cooperatives, collectives, dispensaries, and cultivation facilities within the City. (U) In 2010, the Legislature amended the MMPA to add Health and Safety Code § 11362.768 which became effective January 1, 2011, and prohibits any "medical marijuana cooperative, collective, dispensary, operator, establishment, or provider from locating within 600 feet of a school ", which reaffirms the City's ability to regulate the location of medical marijuana dispensaries; and City of San Leandro Page 7 Printed on 711012012