HomeMy WebLinkAboutOrdinances_2602_CCv0001.pdf ORDINANCE NO, 2602
AN URGENCY ORDINANCE OF THE CITY OF REDLANDS ADOPTING A MORATORIUM ON
THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Purpose and findings.
Medical marijuana dispensaries have been established in several locations in California,and as a
consequence, some local agencies have reported increases in illegal drug activity, illegal drug sales,
robbery of persons leaving dispensaries, loitering around dispensaries, falsely obtaining'identification
cards' to qualify for medical marijuana, and other increases in criminal activity. Recent examples
include: men who kicked in the window of a medical marijuana dispensary in Oakland and tried to rob
the dispensary; at another medical marijuana dispensary in Alameda County, thieves broke into the
building and robbed the safe as well as persons present. The United States Department of Justice's
(DOJ) California Medical Marijuana Information report (attached as Exhibit "A") has advised that
large-scale drug traffickers have been posing as "care givers"to obtain and sell marijuana. Furthermore,
the State of California has not implemented its State-wide identification card program for qualified
patients,and their primary care givers,related to medical marijuana; and many unresolved legal issues
related to Federal preemption of State law remain. To protect residents and businesses from harmful
secondary effects of medical marijuana dispensaries, City staff needs time to determine whether such
uses should be permitted within the City,to study licensing and criminal background check procedures,
as well as determine which zoning districts,if any,might be appropriate for such uses, and pursuant to
what level of discretionary review.
Section 2. Interim prohibition f moratorium on land use approvals and building ernits in
all zoning districts for medical marijuana dispensaries which includes any site, facility, location use,
cooperative or business which distributes sells,exchanges,processes delivers gives awayor cultivates
marijuana for medical purposes to qualified patients health care providers32atients'prim4acaregivers,
or physicians, pursuant to Proposition 215, the "Compassionate Use Act of 1996", SB 420
(VasconcellosLor.any State regulations adopted in furtherance thereof. Marijuana shall also mean
cannabis and all parts of that plant.
Based on the findings set forth herein,no land use approval or building permit may be issued for
a medical marijuana dispensary for the effective period of this ordinance.
Section 3. Immediate threat to health, safety and welfare.
Based on the findings herein,this ordinance is adopted pursuant to California Government Code
section 65858 to address a current and immediate threat to the public health, safety and welfare. The
City Council has determined that granting land use approvals or building permits for medical marijuana
dispensaries would result in a threat to the public health, safety and welfare.
DJWOrdti2602
Section 4. Urgency ordinance.
This ordinance is an urgency ordinance and shall take cffect and be enforced immediately upon
adoption.
Section 5. Effective Period.
In accordance with California Government Code section 65858, this ordinance shall be in full
force and effect for a period of forty-five (45) days from the date of its adoption. This period may be
extended by the City Council in accordance with the provisions of California Government Code section
65858.
Section 6. Conflicting Laws.
For the term of this ordinance, as set forth in Section 5 above, the provisions of this ordinance
shall govern. To the extent that there is any conflict between the provisions of this ordinance and the
provisions of the City's Municipal Code, or any ordinance, resolution or policy of the City, all such
conflicting provisions shall be suspended.
Section 7. Waiver.
The City, on a case by case basis, shall have the authority,upon a showing of good cause by an
applicant, to waive the interim prohibition/moratorium imposed by this ordinance and allow for the
granting of permits to an applicant pursuant to the Conditional Use Permit process set forth in Chapter
18.192 of the Redlands Municipal Code. Good cause shall mean a factual and evidentiary showing by
the applicant that the interim prohibition/moratorium, if not waived, will deprive the applicant of
substantially all reasonable use of the applicant's property. All such applications for waiver shall be
filed with the City's Community Development Department for processing and review pursuant to the
Redlands Municipal Code provisions governing Conditional Use Permits. Fees for waiver applications
and associated appeals shall be the same as those charged for a Conditional Use Permit.
Section 8. Publication and Posting.
The Mayor Pro Tem shall sign this ordinance and the City Clerk shall certify to the adoption of
this ordinance and shall cause it,or a summary of it,to be published once in the Redlands Daily Facts,a
newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in
accordance with law.
Gilberto Gil, Mayor Pro,Tiem
ATTEST:
Lo ie Poyzer, ((!.p C rk
DJM1Ord12602
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the 5th day of April, 2005, by
the following vote:
AYES: Councilmembers Gil, Gilbreath, George, Harrison
NOES: None
ABSENT: Mayor Peppler
ABSTAIN: None
Lorrio,/Poyzer, Ci,6"e
DJM\Ord\2602
California Medical Marijuana Information
California Medical Marijuana information
• The assertion that all medical marijuana is headed for seriously ill patients is misleading.
Statistics from the Califomia Branch of the National Organization for the Reform of Marijuana
Laws(NORML) shows that a survey of Californians reports the top three reported uses of
medicinal marijuana:
40% Chronic Pain
22% AIDS-Related
16% Mood Disorders
(23% All other categories)
• In California there is no state regulation or standard of the cultivation and/or distribution
medical marijuana. California leaves the establishment of any guidelines to focal jurisdictions,
which can widely vary. For example, Marin County allows up to six mature plants, and/or a half-
pound dried marijuana. It's neighbor, Sonoma County permits possession of three pounds of
marijuana, and allows cultivation up to 99 plants, and physicians may recommend more for
"exceptional patients."
■ Local and state law enforcement counterparts cannot distinguish between illegal marijuana
grows and grows that qualify as medical exemptions. Many self-designated medical marijuana
growers are. In fact, growing manjuana for illegal, "recreational" use.
Elected law enforcement officials, i.e. Sheriffs and District Attomeys in Califomia have been
targeted by the"marijuana lobby." Political action by groups such as NORML have endorsed
and supported candidates favorable to medical marijuana. NORML tracks local elections and
takes credit for the defeats of anti-marijuana candidates. Last year the DEA arrested a major
marijuana trafficker in Humboldt County who was an undeclared candidate for sheriff.
• The DEA and its local and state counterparts routinely report that large--scale drug traffickers
hide behind and invoke Proposition 215, even when there is no evidence of any medical claim.
In fact, many large-scale marijuana cultivators and traffickers escape state prosecution because
of bogus medical marijuana claims. Prosecutors are reluctant to charge these individuals
because of the state of confusion that exists in Califomia. Therefore, high-level traffickers posing
as"care givers"are able to sell illegal drugs with impunity.
a The California NORML website lists federal defendants for the largest indoor marijuana
cultivation operation in the U.S., which occurred in Northem California, as"green prisoners."
While unscrupulously claiming to be "medical marijuana"defendants, in fact these two
individuals were dangerous, armed fugitives believed to be responsible for drug-related murders
and other violence.
• DEA's San Francisco Field Division coordinates the statewide Domestic Cannabis
Eradicaton/Suppression Program (DCE/SP). The number of plants eradicated and assets
seized represent the largest totals in California history
Ordinance No. 2602
Exhibit "A"
http://Www.usdoj.gov/dea/ongoing/calimarijuanap.html