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1/25/2016 ORDINANCE NO. 2419 AN INTERIM ORDINANCE OF THE CITY OF REDWOOD CITY ESTABLISHING A MORATORIUM ON MARIJUANA CULTIVATION FACILITIES AND COMMERCIAL CANNABIS ACTIVITIES WITHIN THE CITY OF REDWOOD CITY PENDING COMPLETION OF A COMPREHENSIVE UPDATE TO ZONING ORDINANCE ARTICLE 59 WHEREAS, in 1970, Congress enacted the Controlled Substances Act (CSA) which, among other things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States; and WHEREAS, in 1972, California added Chapter 6 to the state Uniform Controlled Substances Act, commencing at Health and Safety Code section 11350, which established the state's prohibition, penalties, and punishments for the possession, cultivation, transportation, and distribution of marijuana; and WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (the "Act;" Health and Safety (H&S) Code Section 11362.5); and WHEREAS, California courts have held that the Act creates a limited exception from criminal liability under the state Uniform Controlled Substances Act for seriously ill persons who are in need of inedical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances; and WHEREAS, on January 1, 2004, the "Medical Marijuana Program" (MMP), codified as H&S Code Sections 11362.7 to 11362.83, was enacted by the state Legislature to clarify the scope of the Act, establish a voluntary program for identification cards issued by counties for qualified patients and primary caregivers, and provide criminal immunity to qualified patients and primary caregivers for certain activities involving medical marijuana, including the collective or cooperative cultivation of medical marijuana; and WHEREAS, on October 24, 2011, the City Council of the City of Redwood City adopted Ordinance No. 1130-354, which added Zoning Ordinance Article 59 prohibiting medical marijuana distribution facilities in all zoning districts in the City; and WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. lnland Empire Patienfs Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the Act and the MMP do not preempt local ordinances that completely and permanently ban medical marijuana dispensaries, collectives, and cooperatives; and ATTY/ORD.420/MORATORIUM ON MARIIUANA CULTIVATION FACILITIES Ord.2419 REV:01-21-16 RL FORMERLY MUFF#301 Page 1 of 7