6281ORDINANCE NO. 6281
AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM
ADDING CHAPTER 4.21 TO TITLE 4 OF THE ANAHEIM
MUNCIPAL CODE PROHIBITING THE ESTABLISHMENT
OR OPERATION OF MOBILE MEDICAL MARIJUANA
DISPENSARIES.
WHEREAS, the People of the State of California approved Proposition 215,
which was codified as California Health and Safety Code §11362.5 and entitled the
Compassionate Use Act of 1996 ("CUA"); and
WHEREAS, the CUA prohibits the laws criminalizing the possession or
cultivation of marijuana from applying to a qualified patient, or to a patient's primary caregiver,
who possesses or cultivates marijuana for the personal medical use of the patient upon the
recommendation of a physician, and also prohibits the criminal prosecution or punishment of a
physician for recommending marijuana to a patient for medical purposes; and
WHEREAS, California courts have held that the CUA creates a limited exception
from criminal liability for seriously ill persons who need medical marijuana for specified
medicinal purposes and who obtain and use medical marijuana under limited, defined
circumstances; and
WHEREAS, thereafter, the Legislature of the State of California enacted Senate
Bill 420 in 2003 (the "Medical Marijuana Program" or "MMP"), codified as California Health
and Safety Code §§ 11362.7 et seq., which requires the State Department of Health Services to
establish and maintain a voluntary program for the issuance of identification cards to qualified
patients and primary caregivers, and which also prohibits the arrest of a qualified patient or a
primary caregiver with a valid identification card for the possession, transportation, delivery or
cultivation of medical marijuana; and
WHEREAS, one purpose of the CUA and MMP is "[tlo encourage the federal and
state governments to implement a plan to provide for the safe and affordable distribution of
marijuana to all patients in medical need of marijuana;" and
WHEREAS, neither the federal nor the state government has implemented a
specific plan "to provide for the safe and affordable distribution of marijuana to all patients in
medical need of marijuana," thus leaving cities without direction as to how the CUA is intended
to be implemented, particularly in regard to distribution of medical marijuana through mobile or
storefront dispensaries; and
WHEREAS, the MMP provides statutory guidance for medical marijuana use and
cultivation, but it does not explicitly address the role of mobile or storefront medical marijuana
dispensaries, nor does the MMP require that cities provide for or allow the establishment and/or
operation of mobile or storefront medical marijuana dispensaries; and
WHEREAS, notwithstanding the passage of the CUA and the MMP, the
possession, sale and distribution of marijuana is prohibited by the Federal Controlled Substances
Act, 21 U.S.C. §§ 801 et seq., and Section 11359 of the California Health and Safety Code; and
WHEREAS, California law does not expressly authorize the sale or distribution of
marijuana by mobile or storefront medical marijuana dispensaries to a primary care giver, a
qualified patient or a person with an identification card, as those terms are defined in Section
11362.7 of the California Health and Safety Code; and
WHEREAS, the Anaheim Municipal Code currently does not expressly restrict
the existence or operation of mobile medical marijuana dispensaries in the City of Anaheim; and
WHEREAS, mobile medical marijuana dispensaries have been established and
operated in and from numerous locations in California, and as a consequence, local agencies
have reported negative secondary effects on the community, which effects include (i) illegal drug
activity and drug sales; (ii) robbery of mobile medical marijuana dispensaries; (iii) driving under
the influence of a controlled substance by persons who have obtained marijuana from a mobile
or storefront medical marijuana dispensary; and (iv) persons acquiring marijuana from a mobile
or storefront medical marijuana dispensary and then selling it to non-qualified persons; and
WHEREAS, the California Police Chiefs Association has compiled an extensive
report detailing the negative secondary effects associated with storefront medical marijuana
dispensaries. The City Council hereby finds that the report contains persuasive anecdotal and
documentary evidence that both storefront and mobile medical marijuana dispensaries pose a
threat to public health, safety and welfare, and therefore this report, which is part of the record
before the City in this matter, is hereby incorporated into the City Council's findings in this
ordinance; and
WHEREAS, California Health and Safety Code § 11362.5(c)(2) expressly
provides that nothing in the CUA "shall be construed to supersede legislation prohibiting persons
from engaging in conduct that endangers others, nor to condone the diversion of marijuana for
non-medical purposes." Health and Safety Code § 11362.83 similarly anticipates local
regulation, providing that "[n]othing in this article shall prevent a city ... from adopting and
enforcing ... local ordinances that regulate the location, operation, or establishment of a medical
marijuana cooperative or collective ... civil and criminal enforcement of local ordinances [and]
... other laws consistent with this article;" and
WHEREAS, in City of Riverside v. Inland Empire Patients Health and Wellness
Center, Inc. (2013) 56 Cal.4th 729, the California Supreme Court held that neither the CUA nor
the MMP preempt local regulation or bans of medical marijuana dispensaries, and that cities can
affirmatively and proactively prohibit such activities and uses; and
WHEREAS, successful enforcement actions involving storefront dispensaries
have coincided with an increase in mobile marijuana dispensaries. In other parts of the state,
shuttered marijuana dispensaries have converted their operations to mobile delivery services.
There is reason to expect the same in the City of Anaheim, particularly in light of the recent
California Supreme Court decision upholding local agency bans on medical marijuana
dispensaries and the City's willingness to cooperate with federallaw enforcement operations
targeting these dispensaries; and
WHEREAS, an attorney who describes himself as one who represents "California
dispensary clients battling local government roadblocks" has been advising his marijuana
dispensary clients to change their business model as a result of the California Supreme Court
decision so that marijuana is distributed from a mobile source; and
WHEREAS, the exact number of mobile marijuana dispensaries operating in
California is uncertain because the state does not keep a record of such dispensaries. However,
in July of 2013, over fifteen marijuana distributors located in Anaheim advertised the mobile
delivery of marijuana on "Weedmaps.com," an internet commercial listing service. Most of
these distributors advertised mobile delivery of marijuana within the Anaheim city limits; and
WHEREAS, mobile medical marijuana dispensaries have been associated with
criminal activity. Delivery drivers, for example, have been targets of armed robbers who seek
cash and drugs. As a result, many of the drivers for medical marijuana dispensaries reportedly
may carry weapons or have armed guards as protection. Examples of such criminal activity
reported in the media include the following:
a. In March of 2013, a West Covina deliveryman was reportedly robbed after
making a delivery. The deliveryman told police that he was approached by two
subjects in ninja costumes who chased him with batons and took the marijuana
and money he was carrying.
b. In February of 2013, a Temecula deliveryman was reportedly robbed of cash
outside of a restaurant, which led to a vehicular chase that continued until the
robbers' vehicle eventually crashed on a freeway on-ramp.
c. In January of 2013, marijuana deliverymen in Imperial Beach were reportedly
robbed after being stopped by assailants (one with a semiautomatic handgun) after
making a stop.
d. In January 2013, a deliveryman was reportedly robbed of three ounces of
marijuana while making a delivery outside a restaurant in Riverside, and he told
police that the suspect may have had a gun.
e. In May of 2012, a deliverywoman in La Mesa was reportedly shot in the face
with a pellet gun by assailants who subsequently carjacked her vehicle.
f. In August of 2011, a deliveryman was reportedly robbed of $20,000 worth of
marijuana (approximately 9 pounds) and a cellular phone in Fullerton, and
suffered a head injury during the crime.
g. In June of 2011, a marijuana delivery from a Los Angeles mobile marijuana
dispensary turned deadly in Orange County when four individuals reportedly
ambushed the dispensary driver and his armed security guard and tried to rob
them. One of the suspects approached the delivery vehicle and confronted the
driver and a struggle ensued. A second suspect armed with a handgun,
approached the security guard, who fired at the suspect hitting him multiple times.
h. In April of 2011, a customer reportedly made arrangements for a medical
marijuana deliveryman to meet him in a store parking lot in Salinas. The
deliveryman was robbed, at gunpoint of approximately $1,000 in cash and 1.5
pounds of marijuana.
i. In May of 2010, a college student delivering medical marijuana was reportedly
robbed at gunpoint in Richmond. The assailants took $1,000 in cash and a pound
of marijuana.
The City Council hereby finds that the aforementioned reports of criminal activity
contain persuasive, documented evidence that mobile medical marijuana dispensaries and
deliveries pose a threat to public health, safety and welfare; and
WHEREAS, a recent study published on May 27, 2013 in JAMA (Journal of the
American Medical Association) Pediatrics showed that, as marijuana appears in an increasing
number of homes, so, too, does evidence of accidental ingestion of marijuana and marijuana -
infused food by young children. According to the study, more children appear to access
marijuana -laced brownies, cookies and beverages sold through marijuana dispensaries, leading to
increased emergency room visits. These children often suffer anxiety attacks when they start to
feel unexpected symptoms of being high: hallucinations, dizziness, altered perception and
impaired thinking. In addition, the study found that ingestion of highly potent marijuana by
young children can suppress respiration and even induce coma. It is believed that the continued
proliferation of mobile medical marijuana dispensaries will provide children greater access to
cookies, candies, brownies and beverages that contain marijuana without warning labels or child -
resistant containers; and
WHEREAS, concerns about non-medical marijuana use in connection with
medical marijuana distribution operations have been recognized by federal and state courts. One
example is People v. Leal (2012) 210 Ca1.App.4th 829:
"Not surprisingly, it seems that the enhanced protection from arrest
has proven irresistible to those illegally trafficking marijuana, for if
there is even rough accuracy in the anecdotal estimate by the
arresting detective in this case — that nearly 90 percent of those
arrested for marijuana sales possess either a CUA recommendation
or a card - then there is obviously widespread abuse of the CUA
and the MMP identification card scheme by illicit sellers of
marijuana. Ninety percent far exceeds the proportion of legitimate
medical marijuana users one would expect to find in the populace
at large. For this and other reasons, it is impossible for us not to
recognize that many citizens, judges undoubtedly among them,
believe the CUA has become a charade enabling the use of
marijuana much more commonly for recreational than for genuine
medical uses;" and
WHEREAS, despite the CUA and MMP, the United States Attorneys in
California have all taken action to enforce the federal Controlled Substances Act against
marijuana dispensaries, and have issued letters stating that California cities and officials face
possible criminal prosecution for enabling these dispensaries to violate federal law; and
WHEREAS, the California Constitution grants charter cities the power to make
and enforce all ordinances and regulations with respect to municipal affairs. Article XI, Section
7 of the California Constitution provides that a city may make and enforce within its limits all
police, sanitary and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City of Anaheim, as a charter city, by and through its City
Council, has and may exercise all powers necessary to ensure the general welfare of its
inhabitants; and
WHEREAS, there exists a current and immediate threat to public health, safety
and welfare if the City does not adopt an ordinance prohibiting the establishment, operation or
use of mobile medical marijuana dispensaries; and
WHEREAS, it is the purpose and intent of this ordinance prohibiting all mobile
marijuana dispensaries to promote the health, safety, morals and general welfare of the residents
and businesses in the City of Anaheim; and
WHEREAS, the failure to prohibit mobile medical marijuana dispensaries will
expose the City to costs related to the regulation, enforcement and negative secondary effects of
such dispensaries, including an increase in violent crime; and
WHEREAS, the City Council has determined that there is a high likelihood that
mobile medical marijuana dispensaries will immediately increase in the City without the
adoption of this ordinance. The City Council finds that this ordinance is necessary as an
emergency measure to preserve the public peace, health and/or safety pursuant to Anaheim City
Charter Section 511; and
WHEREAS, the City Council hereby finds that, because of the inconsistency
between state and federal law relating to the possession, sale and distribution of marijuana, and
because of the documented threat to the public health, safety and welfare caused by medical
marijuana dispensaries (including mobile dispensaries), it is in the best interest of the citizens of
Anaheim that the City prohibit the establishment and operation of mobile medical marijuana
dispensaries within the City; and
WHEREAS, this ordinance is enacted pursuant to California Health and Safety
Code Sections 11362.5(c)(2) and 11362.83 and the City's police power as granted broadly under
Article XI, Section 7 of the California Constitution, in order to promote the health, safety and
welfare of the citizens of Anaheim.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That new Chapter 4.21 be, and the same is hereby, added to Title 4 of the
Anaheim Municipal Code, to read as follows:
"CHAPTER 4.21
MOBILE MEDICAL MARIJUANA DISPENSARIES
4.21.010 PURPOSE AND FINDINGS.
The City Council finds that federal and state laws prohibiting the possession, sale
and distribution of marijuana preclude the establishment or operation of City -sanctioned or
permitted Mobile Medical Marijuana Dispensaries within the City of Anaheim. In order to
promote and ensure the health, safety and welfare of the City and its residents, the declared
purpose of this chapter is to prohibit Mobile Medical Marijuana Dispensaries as provided in this
chapter.
4.21.020 MOBILE MEDICAL MARIJUANA DISPENSARY DEFINED.
"Mobile Medical Marijuana Dispensary" means any facility, location, clinic,
cooperative, collective, club, individual, business or group that transports, delivers, or arranges
the transportation or delivery of, medical marijuana to a "qualified patient," a person with an
"identification card" or a "primary caregiver," as those terms are defined in Section 4.20.020 of
this Code. All other terms applicable to this Chapter 4.21 shall be defined as set forth in Chapter
4.20 of this Code, unless otherwise defined differently in this Chapter 4.21.
4.21.030 MOBILE MEDICAL MARIJUANA DISPENSARIES PROHIBITED.
Mobile Medical Marijuana Dispensaries are prohibited in the City of Anaheim. It
shall be unlawful for any person or entity to own, manage, conduct or operate any Mobile
Medical Marijuana Dispensary, or to participate as an employee, contractor, agent or volunteer,
or in any other manner or capacity, in any Mobile Medical Marijuana Dispensary in the City of
Anaheim.
4.21.040 MARIJUANA DELIVERY PROHIBITED.
.010 No person shall deliver marijuana to any location within the City of
Anaheim from a Mobile Medical Marijuana Dispensary, regardless of where the Mobile Medical
Marijuana Dispensary is located, or engage in any action or operation in furtherance of this
purpose.
.020 No person shall deliver any marijuana -infused product, such as tinctures,
baked goods or other consumable products, to any location within the City of Anaheim from a
Mobile Medical Marijuana Dispensary, regardless of where the Mobile Medical Marijuana
Dispensary is located, or engage in any action or operation in furtherance of this purpose.
4.21.050 PUBLIC NUISANCE DECLARED.
Operation of any Mobile Medical Marijuana Dispensary within the City of
Anaheim in violation of the provisions of this chapter is hereby declared a public nuisance and
may be abated by all available means.
4.21.060 USE OR ACTIVITY PROHIBITED BY STATE OR FEDERAL LAW.
Nothing contained in this chapter shall be deemed to permit or authorize any use
or activity which is otherwise prohibited by any state or federal law.
SECTION 2. EXISTING NONCONFORMING USES.
Any Mobile Medical Marijuana Dispensary existing or operating within the City
of Anaheim on the effective date of this ordinance shall cease operations forthwith.
SECTION 3. COMPLIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council finds that this ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (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. DECLARATION OF FACTS SUPPORTING URGENCY
MEASURE; EFFECTIVE DATE.
This ordinance is adopted as an urgency measure pursuant to, and as authorized
by, Section 511 of the Anaheim City Charter. The statements of fact set forth in the preamble to
this ordinance are incorporated herein by this reference. Based on those facts, the City Council
finds, determines and declares that the immediate preservation of the peace, health, safety and
welfare of the City and its residents necessitates the enactment of this ordinance as an urgency
ordinance. Accordingly, this ordinance shall become effective immediately upon adoption.
SECTION 5. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be
invalid, it is the intent of the City Council that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
SECTION 6. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 23rd day of July, 2013, and passed and adopted
as an urgency measure on that date, by the following roll call vote:
AYE: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY OF ANAHEIM
By. t�
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
By:
CITY CLERK OF THE CITY OP ANAHEIM
96380v.4
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6281 and was published in the Anaheim Bulletin on the 1St day of August,
2013.
CITY CLERK OF THE CITY F ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
August 1, 2013
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: August 1, 2013
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6281
AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM
ADDING CHAPTER 4.21 TO TITLE 4 OF THE ANAHEIM
MUNCIPAL CODE PROHIBITING THE ESTABLISHMENT
pR OPERATION OF MOBILE MEDICAL MARIJUANA
DISPENSARIES.
This ordinance adds Chapter 4.21 and new sections 4.21.010 through 4.21.060 to Title 4 of
the Anaheim Municipal Code to prohibit the establishment or operation of mobile medical
marijuana dispensaries that deliver or transport medical marijuana to patients or
caregivers. This ordinance makes it illegal for any person or entity -to awn, mans.
or work at a mobile medical marijuana dispensary in the City of Anaheim. This ordi-
nance also prohibits the delivery of marijuana or marijuana -infused products, or any ac-
tions in furtherance of such delivery, within the City of Anaheim, irrespective of the location
of the mobile medical marijuana dispensary. In addition, this ordinance declares the oper-
ation of any mobile medical marijuana dispensary in the City of Anaheim to be a public nui
sance.
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summary of Ordinance No. 6281, which ordinance was introduced and passed as an ur-
gency measure at a regular meeting of the City Council of the City of Anaheim on the 23rd
a of Julyy 2013 by the following ro'lIl call vote of the members thereof:
AYES: Mayor Taft, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No. 6281, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or describe every proVisjon of the ordi-
nance and should not be relied on as a substitute for the full text of the ordinance,
To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, ,(714) 765.5186; between 8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for he copy
Publish: Anaheim Bulletin August 1, 2013 9686746 #