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ATTACHMENT 1 <br />ATTY/ORD.420/MORATORIUM ON MARIJUANA CULTIVATION FACILITIES <br />REV: 01-21-16 RL <br />Page 1 of 7 <br />ORDINANCE NO. ______ <br /> <br />AN INTERIM ORDINANCE OF THE CITY OF REDWOOD CITY <br />ESTABLISHING A MORATORIUM ON MARIJUANA CULTIVATION <br />FACILITIES AND COMMERCIAL CANNABIS ACTIVITIES WITHIN <br />THE CITY OF REDWOOD CITY PENDING COMPLETION OF A <br />COMPREHENSIVE UPDATE TO ZONING ORDINANCE ARTICLE 59 <br /> <br /> WHEREAS, in 1970, Congress enacted the Controlled Substances Act (CSA) <br />which, among other things, makes it illegal to import, manufacture, distribute, possess or <br />use marijuana in the United States; and <br /> <br />WHEREAS, in 1972, California added Chapter 6 to the state Uniform Controlled <br />Substances Act, commencing at Health and Safety Code section 11350, which <br />established the state’s prohibition, penalties, and punishments for the possession, <br />cultivation, transportation, and distribution of marijuana; and <br /> <br />WHEREAS, in 1996, the voters of the State of California approved Proposition 215 <br />(the "Act;" Health and Safety (H&S) Code Section 11362.5); and <br /> <br /> WHEREAS, California courts have held that the Act creates a limited exception <br />from criminal liability under the state Uniform Controlled Substances Act for seriously ill <br />persons who are in need of medical marijuana for specified medical purposes and who <br />obtain and use medical marijuana under limited, specified circumstances; and <br /> <br /> WHEREAS, on January 1, 2004, the "Medical Marijuana Program" (MMP), codified <br />as H&S Code Sections 11362.7 to 11362.83, was enacted by the state Legislature to <br />clarify the scope of the Act, establish a voluntary program for identification cards issued <br />by counties for qualified patients and primary caregivers, and provide criminal immunity <br />to qualified patients and primary caregivers for certain activities involving medical <br />marijuana, including the collective or cooperative cultivation of medical marijuana; and <br /> <br /> WHEREAS, on October 24, 2011, the City Council of the City of Redwood City <br />adopted Ordinance No. 1130-354, which added Zoning Ordinance Article 59 prohibiting <br />medical marijuana distribution facilities in all zoning districts in the City; and <br /> <br />WHEREAS, the California Supreme Court ruled unanimously in City of Riverside <br />v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that <br />the Act and the MMP do not preempt local ordinances that completely and permanently <br />ban medical marijuana dispensaries, collectives, and cooperatives; and <br /> <br />9.A. - Page 7