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CC - Item 3I - Medical Marijuana Dispensaries Moratorium OrdinanceE M • S F 4Q7 Oi 4 d o~ / ~RpURATED 1059 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: ANDREW C. LAZZARETTO, CITY MANAGER A Joey ~ir,t~ortHp •~,:DATE: JANUARY 23, 2007 SUBJECT: MEDICAL MARIJUANA DISPENSARIES MORATORIUM ORDINANCE SUMMARY In 1996, California voters approved Proposition 215, the Compassionate Use Act of 1996, which allowed those who could demonstrate a medical need the legal authority to obtain and use marijuana. Later, in 2003, the California State Legislature enacted the Medical Marijuana Program which required the State Department of Health Services to establish an administrative procedure for the issuance of identification cards to qualified patients for the distribution of marijuana. Later, in 2005, the United States Supreme Court held that the federal Controlled Substances Act prohibits any person from possessing or using marijuana, creating what appears to be a conflict between federal and State law. In many communities throughout the State of California, individuals have opened and now operate medical marijuana dispensaries. Currently, the Rosemead Municipal Code does not prohibit or limit the establishment of a medical marijuana dispensary in the community. In order to address community concerns regarding the establishment of such facilities, it is prudent for the City to further study the potential impacts that such businesses may have on public health, safety, and welfare, in addition to the potential conflict between federal and State law. Staff Recommendation Staff recommends that the City Council adopt Ordinance 849, an interim urgency ordinance which would place a temporary moratorium on the establishment and operation of medical marijuana dispensaries in Rosemead pending further study of the potential impacts that such facilities could have on public health, safety, and welfare, and to address the potential conflict between federal and state law as it relates to the possession and use of marijuana for medicinal purposes. ANALYSIS Following the approval of Proposition 215 and the establishment of the Medical Marijuana Program in California, the United States Supreme Court in 2005 ruled that the federal Controlled Substances Act does prohibit any person from the possession of marijuana for personal use, despite the action having been taken in our State. While the legal community is not in complete agreement on the issue, it is apparent that there is a conflict between existing State and federal law as it relates to this issue. Ai-r APPROVED FOR CITY COUNCIL AGENDA: ~ 0 0 City Council Report January 27, 2007 Page 2 of 2 Over the past several months, the City has received several inquires from individuals interested in establishing a medical marijuana dispensary in Rosemead. Currently, the Rosemead Municipal Code does not specifically address or regulate the existence or location of medical marijuana dispensaries. This means that any individual wishing to open and operate such a business could legitimately do so in the community without any restrictions. In order for the City to further study the potential impact that a medical marijuana dispensary may have on the community, and to further explore the potential conflict between federal and State law as it relates to the possession and use of marijuana, staff is recommending that the City Council adopt Ordinance 849, establishing a temporary moratorium of the issuance of permits, licenses, and entitlements for any operator wishing to open a medical marijuana dispensary in Rosemead. Submitted by: COliver Chi Deputy City Manager Attachment A: Ordinance 849 • • ATTACHMENT A ORDINANCE NO. 849 AN INTERIM URGENCY ORDINANCE OF THE CITY OF ROSEMEAD, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings A. In 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5, et seq., and entitled the Compassionate Use Act of 1996 ("the Act"); and B. 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 C. In 2003 the Legislature enacted Health and Safety Code section 11362.7 et seq., entitled "Medical Marijuana Program" (hereinafter "the Program") requiring the State Department of Health Services to establish a program for the issuance of identification cards to qualified patients and to establish protocols to be used by counties to process applications for and issue identification cards; and D. The State Department of Health Services has not enacted regulations establishing the Program; and E. Some argue that the Use Act and the Program imply that local agencies may allow medical marijuana dispensaries to be established, despite the possibility that dispensing marijuana at such businesses may violated federal law; and F. At least one recent court has indicated that the Program allows patients and primary caregivers to collectively or cooperatively cultivate marijuana for medical purposes; and G. The Rosemead Municipal Code, including the Rosemead Zoning Map, does not specifically address or regulate the existence or location of medical marijuana dispensaries; and • • H. After receiving inquiries from persons interested in establishing medical marijuana dispensaries, numerous other cities in the State of California have adopted ordinances prohibiting or heavily regulating such dispensaries; and 1. Because a significant number of cities have prohibited or heavily regulated medical marijuana dispensaries, there is a substantially increased likelihood that such establishments will seek to locate in the City of Rosemead which currently does not have any regulations; and J. A medical marijuana dispensary is currently seeking to locate to the City of Rosemead; and K. Reports from jurisdictions with medical marijuana dispensaries indicate that such businesses have deleterious secondary effects such as: public smoking of marijuana around the facility; marijuana related DUls by people who have obtained marijuana from the facilities; robbery and burglary attempts; negative impacts on neighboring businesses; unethical doctors who will authorize the use of marijuana for a fee; and attraction of a criminal element; and L. In June 2005, the United States Supreme Court held that the federal Controlled Substances Act, which prohibits the possession of marijuana for personal use may be enforced despite the Act; and M. To address the community and statewide concerns regarding the establishment of medical marijuana dispensaries, because the state has not yet adopted regulations for the Program, it is necessary for the City of Rosemead to study the potential impacts such facilities may have on the public health, safety, and welfare and the potential conflict between federal and State law; and N. Based on the foregoing, the City Council finds that issuing permits, business licenses, or other applicable entitlements providing for the establishment and/or operation of medical marijuana dispensaries, prior to, (1) the City's completion of its study of the potential impact of such facilities; and (2) resolving any zoning conflicts based on the fact that no zoning currently exists in the City for such dispensaries, would pose a current and immediate threat to the public health, safety, and welfare, and that a temporary moratorium on the issuance of such permits, licenses, and entitlements is thus necessary. SECTION 2. Imposition of Moratorium A. In accordance with the authority granted to the City of Rosemead under Government Code Section 65858, from and after the date of this ordinance, no use permit, variance, building permit, business license, or other applicable entitlement for use shall be approved or issued for the establishment or operation of a medical marijuana dispensary and no such facility shall operate within the City of Rosemead. B. For purposes of this ordinance, the term "medical marijuana dispensary" shall mean any site, facility, location, use, cooperative, or business that distributes, dispenses, stores, sells, exchanges, processes, delivers, gives away, or cultivates, marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health and Safety Code ection 11362.5, Health and Safety Code section 11362.7 et seq., or any state regulations, programs or protocols adopted in furtherance thereof. C. For purposes of this ordinance, a medical marijuana dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by applicable law and as long as such use complies strictly with applicable law, including, but not limited to, Health and Safety Code Section 11362.5 et seq.: (1) a clinic, licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; (2) a health care facility, licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illness, licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; (4) a residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or (5) a residential hospice or home health agency, licensed pursuant to Chapter 8 of the Health and Safety Code. D. This ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City of Rosemead by Government Code Section 65858, and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are articulated in Section 1 above. 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 identified 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; it prevents changes in the environment pending the completion of the contemplated municipal code review. SECTION 4. Severability If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Rosemead hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. SECTION 5. Effective Date This ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in the Government Code. SECTION 6. State Law This interim ordinance shall in no way limit the right to possess, use, or cultivate marijuana for medicinal purposes as is presently authorized by the laws of the State of California as set forth in the Health and Safety Code. SECTION 7. Federal Law Medical marijuana users in California may be subject to federal prosecution under existing federal law. SECTION 8. Publication The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in accordance with law. PASSED, APPROVED, AND ADOPTED at this 23rd day of January 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor, City of Rosemead ATTEST: City Clerk, City of Rosemead sc jg&Thursday, January 18, 2007 , ~_.w. _ . , • 71 IL ~Ir l E • WALLY SXALi] Los Angeles EVIDENCE: Agents load a car with boxes of material from the Farmacy, drawing protests and attention from amateur f lmmakers. Officers took large quantities of marijuana-laced edibles that included ice cream bars, lollipops, cookies, candies and candy bars. marijuana DEA raids outlets Agents seize drugs, guns and cash, prompting W. Hollywood protests. Twenty are detained, but no charges are filed. By TAMI ABDOLLAH Times staffwriter Federal agents Wednesday raided 11 medical marijuana out- lets in Los Angeles County, seiz- ing several thousand pounds of processed drug, hundreds of marijuana plants, an array of guns and bagfuls of cash. The simultaneous raids, part of an ongoing investigation by the U.S. Drug Enforcement Ad- ministration, were the largest such operation in the county in recent memory. Five dispensa- ries in West Hollywood were raided with the other six in Ven- ice, Hollywood, Sherman Oaks and Woodland Hills. The action by federal agents angered some local officials and was taken despite a state law permitting possession and culti- vation of marijuana for qualified medical patients. Officials said that more than 20 people were detained for questioning but no charges have been filled. Authorities would not release information about any other people possibly detained at the dispensaries. Sarah Pullen, spokeswoman for the DEA's Los Angeles field division, said agents seized large quantities of marijuana-laced edibles that included "anything from ice cream bars to lollipops to cookies to candies and candy bars." In West Hollywood, agents in bulletproof vests, sunglasses, gloves and face masks piled out of the stores - four of which were on Santa Monica Boulevard - with boxes and black trash bags full of seized evidence while pro- testers booed and shouted, "State's rights!" and "DEA go away!" among other slogans. At the Farmacy, agents loaded three cars with bags as amateur documentary filmmak- ers and medical marijuana users pushed against police tape. The raid and protest clogged traffic, and motorists honked their horns to show support for the demonstrators. In all, Pullen said, agents seized well over 100 boxes of evi- dence and continued their work past 10 p.m. West Hollywood officials said they were taken by surprise, only learning of the raids as they oc- curred. West Hollywood has a "long-standing commitment" to the use of medical marijuana for [See DEA, Page B5] LOS ANGELES TIMES * SG THURSDAY, JANUARY 19, 2007 B5 Is ar an insti- s allegecW (wing fndt ie victim for all that 'You rant iee, it was sn't work at the girl of the A 1 with the nt. case is !ment N- when the ie-by-om in a park- s were de- Ing news- ie girls,' o a police X AW attorney mor had )rd j& ie claims . "That's d field. at he friend at night, .hat they ay, at the Hill said inns after . see the alts to 911 Vs. he said. They are vhat the ed on ba- the peo- fey John •nt, a 16- a tied to atement oren Hy- girl as e was on told po- nan and rare not prits be- the sus- naving a witness ranee or bol tar ~t. she was it cross- inher- L of cir- Agents raid marijuana outlets IDEA, from Page BI l people with such catastrophic ill- nesses as HIV and AIDS, city spokeswoman Helen Goss said. "We've been fighting to sup- port the access of medicinal marijuana for many, many years and there's just a great discon- nect between the federal govern- ment and communities like West Hollywood," Councilman Jeffrey Prang said. "Medicinal man- Juana provides comfort and relief to people who are seriously ill and seemingly they view those people as drug addicts who be- long in jail as opposed to people who deserve compassion and as- The West Hollywood sheriff's station was notified of the im- pending raids about 1:30 p.m., one hour before they began, Los Angeles County Sheriff's Lt. Da- vid Smith said. Deputies moved in to help control about 50 pro- testers who gathered In the 7800 block of Santa Monica Boule- vard near three of the stores. California voters approved Proposition 215, the Compas- sionate Use Act, in 1996, which made marijuana available by prescription for medicinal uses. SB 420, which took effect in 2004, clarified Proposition 215, and taken together legalized posses- sion and cultivation of marijuana for qualified medical patients. According to Pullen, neigh- boring businesses and residents I had complained about a signID- cant number of the dispensaries, and there had been increased re- ports of crime in the areas around the outlets. Anyone in possession, selling or distributing marijuana is in violation of federal law and sub- ject to prosecution," she said. "There are hundreds of thou- sands of patients in California who need safe and reliable access to a medication that their doc- tors recommend they use and these raids are an example of the federal government going out of its way to Interfere with the lives of patients." countered Steph Sherer, founder of Americans for Safe Access, a national advocacy group for medical marijuana use, based in OaWand. "I think if California has a problem with our law, that our courts and our law vnfurcement should handle it," she said. "We have no need for the federal gov- ernment to come and interfere." The group planned a protest at 8:30 am. today in front of west Hollywood City Hall, Sherer said- The raids came on the heels of separate actions taken Tuesday by the West Hollywood City Council and the Los Angeles Po- lice Commission. The council Tuesday unani- mously approved an ordinance establishing permanent regula- tions on medicinal marijuana dispensaries, capping the num- ber in the city at four. The Police Commission, me,uiwliii, voted to support a hnratmium on new maNuana dispensaries in Los Angeles and for tougher regulations of exist- Ing enterprises. Los Angeles Po- llee Chief William J. Bratton pledged to work with federal au- thorities to prosecute businesses found to be violating the law. Richard Eastman, a pro- medical marijuana activist who said he was diagnosed with AIDS in 1995, said he was horri- fied by the raids. Some of the pills he takes to fight his illness. Eastman said, `take awgv my ap- petite, but the marijuana keeps me eating." As a result of the raids, East- man estimated that perhaps 2,000 people who ordinarily would buy marijuana for medical purposes -won't be able to get their medicine tomorrow. And it's not like they can go to Sav-On or Thrifty." The owner of one of the raided dispensaries said Wednesday that she was sad- dened that people will not be able to have the freedom of choice to use medical marjuana "We abide by state and local ordinances, and state laws, in providing a service to patients because they have the legal right by state Legislature to be able to make the choice of having medi- cal marijuana as their choice of therapy," the dispensary owner said, speaking on condition of anonynuty. tam i.abdollahCa-latimes. com Times staffu+riter Stuart Silverstein: contributed to this report. PhotographE by WALLY SIALIS Loa Angeles Times POLICE TAPE: Agents gathereuidence. "We've been fighting to support the access ofinedicinal marijuana for many, many years and there 's just a great disconnect between the federal government and communities like West Hollywood," Councilman Jeffrey Prang said. IN CUSTODY: DEAagents arrest asecurity guard outside the Farmacy on Santa Monica Boulevard. • • Moratoriln sought on new pot C11111CS Bratton cites openinc, of 94 medical marijuana dispensaries in L.A. in a year and calls for rules to regulate the facilities. By PATRICK MCGREEVY Times Staff Writer Concerned by a 2.350% in- crease in the number of medical marijuana dispensaries in Los Angeles in a one-year period. Po- lice Chief William J. Bratton is calling for a moratorium on new facilities until strict rules can be adopted governing them. In a report to the Police Com- mission, Bratton said he wants to ban existing dispensaries within 1,000 , feet of schools, churches, parks and places des- ignated exclusively for the care of children. He also advocates lim- iting their hours to 10 a.m. to 6 p.m. The establishments are al- lowed under a 1996 state ballot measure and a more recent state law malting marijuana available to patients by prescription to re- lieve pain or nausea. Bratton said the number of dispensaries increased from four in November 2005 to 98 a year later. "This has fostered an increase in crime problems and caused quality-of-life issues for families and communities, as evidenced by the 110 complaints received from neighbors, business owners and concerned citizens concern- ing these dispensaries," Brat- ton's report states. The Police Commission will consider his recommendations today. Los Angeles Police Depart- ment officers have been called to clinics because of problems in- cluding robberies, burglaries and drug use in front of the clinics, Lt. Paul Vernon said. Without regulations, he said, officers are hamstrung. In the absence of specific zon- ing rules, 12 of the medical mari- juana dispensaries in Los An- geles have opened within 1,000 feet of schools, Bratton said. "One clinic blatantly resorted I See Marijuana, Page B101 Ne4k rules on got clinics proposed I Marijuana, from Page B11 to placing fliers on the wind- shields of vehicles parked in and around Grant High School in an obvious effort to entice children," Bratton said. The chief did not identify the clinic, but said its flier stated that it is legal to own, grow and smoke medical marijuana and that "qualification is simple and our experienced physicians are more than happy to help you," adding that the visit is free if the applicant does not qualify. "This was not the intent of the voters when they passed Propo- sition 215," the chief said. The clinics have proliferated elsewhere as well, although Los Angeles, as the state's largest city, has the most, said Joseph Elford of Americans for Safe Access, a group in support of the clinics. But San Francisco, with about 30 clinics, has more per capita, or about one per 25.400 residents, while Los Angeles has one dis- pensary for every 39,200 people. On Monday, ad- vocates for medical marijuana disputed that the dispensa- ries are magnets for crime, and ex- pressed concerns that Los Angeles of- ficials may reduce patients' access to the drug. "A blanket ruling saying you can't be within a number of feet within a school or park is entirely unnecessary and overbroad," said Bruce Mirken, a spokesman for the Marijuana Policy Project, another advocacy group. He said a lengthy moratorium on new dispensaries would have an adverse effect on medical pa- tients who rely on marijuana in their battles Adth disease. The proliferation of dispensa- ries followed passage of Proposi- tion 215, called the Compassion- ate Use Act, and Senate Bill 420, which took effect in 2004; to- gether, they legalized possession and cultivation of marijuana for qualified medical patients. Marijuana is used for medical purposes by thousands of people suffering from painful and appe- State laws hm~e been `exploited and abused for both pi-ofit and recreational drug use.' LA. Police Chief William J. Bratton tite-killing diseases, including cancer, AIDS, anorexia and ar- thritis. "However, the spirit and in- tent of this act has been ex- ploited and abused for both profit and recreational drug use by many of the medical mari- juana dispensaries in the city of Los Angeles," Bratton said. Ab- sent stringent regulations and enforcement actions, these dis- pensaries have flourished throughout the city." The chief's recommendations were welcomed Monday by Councilman Dennis Zine, who already has asked the Planning Department to draft a morato- rium ordinance, banning any new outlets for six months, with an option to extend it for another six months while new rules are being formulated. "There is no regulation as far as zoning and hours of operation," Zine said. "What I want to do is bring a semblance of order and not go against the public's will in fa- vor of these clinics." Steve Leon, owner of the medical marijuana outlet Highland Park Pa- tient Collective, dis- agreed Kith the alle- gation that the clinics spur criminal activity. "I think it's quite the oppo- site," he said. "I'm in an area that is gang-infested, but there is no graffiti on my building. It is very clean. And other businesses have moved in. We have created quite a nice little artistic community." Leon said his building is more than 1,000 feet from schools and parks, and that the LAPD has been "very gracious." The proposed moratorium found favor with at least some owners of current dispensaries. "The moratorium is Lind of a good idea. It's getting out of con- trol, with a new one opening ev- ery week," said Billy Astorga, manager of the Eagle Rock Herbal Collective, adding that his business already has strict operating rules. patrick.m,cgreet,y nllatinl.cs.com