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City of San Leandro <br />Meeting Date: February 1, 2016 <br />Urgency Ordinance <br />Agenda Section:File Number:16-031 PUBLIC HEARINGS <br />Agenda Number: <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:URGENCY ORDINANCE Establishing an Ordinance that Prohibits the <br />Cultivation of Medical Cannabis and Affirming that Under the Principles of <br />Permissive Zoning, Cultivation of Medical Cannabis Is Not Permitted by the <br />City of San Leandro’s Zoning Code <br />Section 1. Authority. This Ordinance is adopted pursuant to the provisions set forth <br />in California Government Code Section 36937(b) and pursuant to all other applicable laws. <br />Section 2. Findings. <br />WHEREAS, Health and Safety Code Section 11362.5, the Compassionate Use Act of <br />1996 (“CUA”), adopted by the voters in the State of California, authorizes a limited defense to <br />criminal charges for the use, possession or cultivation of cannabis for medical purposes when <br />a qualified patient has a doctor's recommendation for the use of cannabis; and <br />WHEREAS, Health and Safety Code Section 11362.7 et seq., the Medical Cannabis <br />Program Act (“MMPA”), was adopted by the state legislature and offers some clarification on <br />the scope of the Compassionate Use Act of 1996, and Health and Safety Code Section <br />11362.777 specifically authorizes cities and other governing bodies to adopt and enforce rules <br />and regulations related to cultivation of medical cannabis; and <br />WHEREAS, neither the CUA nor the MMPA prevent a city from enacting general <br />regulations or prohibitions, nuisance regulations, or land use regulations regarding cultivation <br />of medical cannabis; and <br />WHEREAS, the Legislature recently passed, and the Governor signed, new legislation <br />- the Medical Marijuana Regulation and Safety Act - that requires certain state agencies to <br />promulgate regulations relating to medical cannabis cultivation; and <br />WHEREAS, under the new legislation an individual or entity wishing to cultivate <br />medical cannabis must receive a license from the California Department of Food and <br />Page 1 City of San Leandro Printed on 1/26/2016