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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2016-001 URGENCY ORDINANCE ESTABLISHING AN ORDINANCE THAT PROHIBITS THE CULTIVATION OF MEDICAL CANNABIS AND AFFIRMING THAT UNDER THE PRINCIPLES OF PERMISSIVE ZONING, CULTIVATION OF MEDICAL CANNABIS IS NOT PERMITTED BY THE CITY OF SAN LEANDRO'S ZONING CODE Section 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in California Government Code Section 36937(b) and pursuant to all other applicable laws. Section 2. Findings. WHEREAS, Health and Safety Code Section 11362.5, the Compassionate Use Act of 1996 ("CUA"), adopted by the voters in the State of California, authorizes a limited defense to criminal charges for the use, possession or cultivation of cannabis for medical purposes when a qualified patient has a doctor's recommendation for the use of cannabis; and WHEREAS, Health and Safety Code Section 11362.7 et seq., the Medical Cannabis Program Act ("MMPA"), was adopted by the state legislature and offers some clarification on the scope of the Compassionate Use Act of 1996, and Health and Safety Code Section 11362.777 specifically authorizes cities and other governing bodies to adopt and enforce rules and regulations related to cultivation of medical cannabis; and WHEREAS, neither the CUA nor the MMPA prevent a city from enacting general regulations or prohibitions, nuisance regulations, or land use regulations regarding cultivation of medical cannabis; and WHEREAS, the Legislature recently passed, and the Governor signed, new legislation - the Medical Marijuana Regulation and Safety Act - that requires certain state agencies to promulgate regulations relating to medical cannabis cultivation; and WHEREAS, under the new legislation an individual or entity wishing to cultivate medical cannabis must receive a license from the California Department of Food and Agriculture ("DFA"), which may only provide a license to an individual or entity that has also received a permit, license or entitlement from the city in which the cultivation is to occur; and WHEREAS, the new legislation further provides that if a city does not have land use regulations or ordinances regulating or prohibiting the cultivation of medical cannabis, then commencing on March 1, 2016, the DFA will be the sole licensing authority for medical cannabis cultivation applications in that city; and