HomeMy WebLinkAboutOrdinances_2677_CCv0001.pdf ORDINANCE NO. 2677
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER
18.18 TO THE REDLANDS MUNICIPAL CODE PROHIBITING
MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF
REDLANDS
WHEREAS, in 1996, the voters of the State of California approved Proposition
215, which was codified as Health and Safety Code Section 113625.5 et seq. and entitled
the Compassionate Use Act of 1996 (the "Act"); and
WHEREAS, the intent of Proposition 215 was to enable persons who are in need
of medical marijuana for medical purposes to obtain and use it under limited, specified
circumstances; and
WHEREAS, Senate Bill Number 420, which became effective on January 1,
2004, was enacted by the Legislature to clarify the scope of the Act and to allow cities
and counties to adopt and enforce rules and regulations consistent with Senate Bill
Number 420; and
WHEREAS, the City of Redlands Municipal Code, including Redlands' Zoning
Ordinance, does not regulate in any manner the existence or location of medical
marijuana dispensaries; and.
WHEREAS, after receiving inquiries from persons interested in establishing
medical marijuana dispensaries, numerous cities in the State of California have adopted
ordinances prohibiting or regulating such dispensaries; and
WHEREAS, because a significant number of cities have prohibited or regulated
medical marijuana dispensaries, there is an increased likelihood that such establishments
may seek to locate in the City of Redlands; and
WHEREAS, other California cities that have permitted the establishment of
medical marijuana dispensaries have witnessed an increase in crime, such as burglaries,
takeover robberies of dispensaries, robberies of customers leaving dispensaries, an
increase in theft and robberies in the vicinity of dispensaries, illegal re-selling of
marijuana obtained from dispensaries, physicians issuing apparently fraudulent
recommendations for the sue of marijuana, dispensary staff selling marijuana to
customers with obviously counterfeit patient identification cards, street dealers
attempting to sell marijuana to dispensary customers, dispensary customers using
marijuana and then driving under the influence, the sale of other illegal narcotics other
than marijuana in the dispensaries, and sales of marijuana to minors; and
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WHEREAS, in United States v. Oakland Cannabis Buyer's Cooperative (2001)
532 U.S. 483, the United States Supreme Court addressed marijuana use in California and
held that the Federal Controlled Substances Act continues to prohibit marijuana use,
distribution and possession, and that no medical necessity exception exists to these
prohibitions; and according to the U.S. Supreme Court's decision in Gonzalez v. Raich
(2005) 545 U.S. 1, federal law presently prohibits the use of medical marijuana; and
WHEREAS, the U.S. Supreme Court decision did not address the conflict
between federal laws and California laws with respect to medical marijuana dispensaries;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 18.18, entitled "Medical Marijuana Dispensaries," is hereby
added to the Redlands Municipal Code to read as follows:
"Chapter 18.18
MEDICAL MARIJUANA DISPENSARIES
Sections:
18.18.010 Definitions.
18.18.020 Prohibition.
18.18.010 Definitions.
A. "Marijuana" means all parts of the plant eannabis, whether growing or
not; the seeds thereof; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or
resin. It includes marijuana infused in foodstuff.
B. "Medical Marijuana Dispensary" or "Dispensary" means any business,
association, club, co-op, delivery service, collector, and/or vehicle utilized in full or in
part, and any similar use as a place at or in which medical marijuana is made available,
sold, traded, exchanged or bartered for in any way with or without consideration, made
available, located., stored, placed, cultivated and/or distributed.
18.18.020 Prohibition.
The City Council of the City of Redlands finds and determines that Medical
Marijuana Dispensaries are prohibited within all zoning Districts, including the City's
Specific Plans, within the City of Redlands."
Section 2. Severability. If any portion of this Ordinance is found to be
unconstitutional or invalid, the City Council hereby declares that it would have enacted
the remainder of this Ordinance regardless of the absence of any such invalid part.
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Section 3. CEQA. The City Council finds that adoption of this Ordinance is not
subject to the California Environmental Quality Act ("CEQA") pursuant to sections
15061(b)(3) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly, or indirectly.
Section 4. Effective Date. This Ordinance shall be in force and take effect as
provided by law.
Section 5. Certification. The City Clerk shall certify to the adoption of this
ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of
general circulation printed and published in this City.
ayor ofthe City of Redlands
ATTEST: 2
Cit Clerk
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the forgoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on the
4th day of September, 2007 by the following vote:
AYES: Councilmembers Gilbreath, Gil, Gallagher, Aguilar; Mayor Harrison
NOES: None
ABSENT: None
ABSTAIN: None ,�--•--� _
Lo Poyzer,90ccrk
Lkclerkl0rdinances'k2677 medical marijuana.doc