Laserfiche WebLink
ORDINANCE NO. 6202 <br />AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING <br />AN INTERIM MEASURE IMPOSING A MORATORIUM ON <br />THE ESTABLISHMENT OF MEDICAL MARIJUANA <br />DISPENSARIES AND DECLARING THAT THIS <br />ORDINANCE IS AN EMERGENCY MEASURE WHICH <br />SHALL TAKE EFFECT IMMEDIATELY. <br />WHEREAS, in 1996, California voters approved Proposition 215, The <br />Compassionate Use Act of 1996, which was codified as California Health and Safety Code § <br />11362.5 et seq. ( " the Act "); and <br />WHEREAS, the Act prohibits the provisions of law making unlawful the <br />possession or cultivation of marijuana from applying to a qualified patient, or to a patient's <br />primary caregiver, who possesses or cultivates marijuana for the personal medical use of the <br />patient upon the recommendation of a physician, and also prohibits the criminal prosecution or <br />punishment of a physician for having recommended marijuana to a patient for medical purposes; <br />and <br />WHEREAS, in 2003, the California Legislature enacted Senate Bill 420, the <br />Medical Marijuana Program Act (codified as California Health and Safety Code § 11362.7 et <br />seq.), which requires the State Department of Health services to establish and maintain a <br />voluntary program for the issuance of identification cards to qualified patients and primary <br />caregivers, and affords qualified patients, persons with identification cards and their primary <br />caregivers, an affirmative defense to certain enumerated criminal sanctions that would otherwise <br />apply to possessing, transporting, administering or distributing marijuana; and <br />WHEREAS, one purpose of the Act and the Medical Marijuana Program Act is to <br />encourage federal and state governments to implement a plan to provide for the safe and <br />affordable distribution of marijuana to all patients in medical need of marijuana; however, to <br />date, neither the federal nor the state government has implemented a specific plan "to provide for <br />the safe and affordable distribution of marijuana to all patients in medical need of marijuana," <br />leaving unanswered numerous questions as to how the Act and the Medical Marijuana Program <br />Act should be implemented, particularly in regard to the distribution of medical marijuana <br />through facilities commonly referred to as medical marijuana dispensaries; and <br />WHEREAS, the Medical Marijuana Program Act provides additional statutory <br />guidance for medical marijuana use and cultivation, but it does not explicitly address the role of <br />medical marijuana dispensaries, nor does it require that cities provide for or allow the <br />establishment and /or operation of medical marijuana dispensaries; and <br />WHEREAS, notwithstanding the passage of the Act and the Medical Marijuana <br />Program Act, the possession, sale and distribution of marijuana is prohibited by the Controlled <br />Substances Act, 21 U.S.C. § 841, and Section 11359 of the California Health and Safety Code; <br />and <br />