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City of San Leandro <br />Meeting Date: October 17, 2016 <br />Urgency Ordinance <br />Agenda Section:File Number:16-541 ACTION ITEMS <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 a Moratorium that Prohibits the <br />Issuance of Greater Than Three Medical Cannabis Dispensary Permits <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. Health and Safety <br />Code Section 11362.7 et seq., the Medical Cannabis Program Act (“MMPA”), was adopted by <br />the state legislature and offers some clarification on the scope of the Compassionate Use Act <br />of 1996, and Health and Safety Code Section 11362.777 specifically authorizes cities and <br />other governing bodies to adopt and enforce rules and regulations related to cultivation of <br />medical cannabis; and <br />WHEREAS, California Business and Professions Code section 19300 et seq., the <br />Medical Cannabis Regulation and Safety Act (“MCRSA”), went into effect January 1, 2016, <br />and consists of three separate bills, which were enacted together on Sept 11, 2015. The bill <br />creates a comprehensive state licensing system for the commercial cultivation, manufacture, <br />retail sale, transport, distribution, delivery, and testing of medical cannabis. All licenses must <br />also be approved by local governments; and <br />WHEREAS, the law went into effect on January 1, 2016, but the state has said it will <br />need until January 2018 to set up the necessary agencies, information systems, and <br />regulations to actually begin issuing licenses; and <br />WHEREAS, neither the CUA nor the MMPA nor the MCRSA prevent a city from <br />enacting general regulations or prohibitions, nuisance regulations, or land use regulations <br />Page 1 City of San Leandro Printed on 10/11/2016