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11/13/2017
<br />ORDINANCE NO. 1130-370
<br />ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD
<br />CITY AMENDING ARTICLE 59 OF THE REDWOOD CITY ZONING
<br />ORDINANCE REGARDING COMMERCIAL CANNABIS ACTIVITIES
<br />WHEREAS, in 1970, Congress enacted the federal Controlled Substances Act
<br />which, among other things, makes it illegal to import, manufacture, distribute, possess or
<br />use cannabis in the United States; and
<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 cannabis; and
<br />WHEREAS, in 1996, the voters of the State of California approved Proposition
<br />215, codified as Health and Safety Code Section 11362.5 et seq., "The Compassionate
<br />Use Act of 1996" (CUA); and
<br />WHEREAS, the CUA created a limited exception from criminal liability for seriously
<br />ill persons who are in need of medical cannabis for specified medical purposes and who
<br />obtain and use medical cannabis under limited, specified circumstances; and
<br />WHEREAS, in 2004, the California enacted the "Medical Marijuana Program"
<br />(MMP), codified as Health and Safety Code sections 11362.7 to 11362.83, to clarify the
<br />scope of the CUA, establish a voluntary program for identification cards issued by
<br />counties for qualified patients and primary caregivers, and provide criminal immunity to
<br />qualified patients and primary caregivers for certain activities involving medical cannabis,
<br />including the collective or cooperative cultivation of medical cannabis; and
<br />WHEREAS, the California Supreme Court ruled unanimously in City of Riverside
<br />v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 CalAth 729, that
<br />the CUA and the MMP do not preempt local ordinances that completely and permanently
<br />ban medical marijuana dispensaries, collectives, and cooperatives; and
<br />WHEREAS, in 2015, California enacted three bills, Assembly Bills 243 and 266
<br />and Senate Bill 643, commonly referred to as the Medical Cannabis Regulation and
<br />Safety Act (MCRSA), which established a comprehensive state regulatory and licensing
<br />framework for cultivation, manufacturing, sale, transportation, storage, delivery, and
<br />testing of medical cannabis in California; and
<br />WHEREAS, in 2016, the voters of the State of California approved Proposition 64,
<br />known as the "Control, Regulate and Tax Adult Use of Marijuana Act" (AUMA), which
<br />legalized recreational cannabis use by persons age twenty-one and over, authorized
<br />cultivation of up to six cannabis plants for personal consumption, and established a new
<br />state regulatory and licensing framework for cultivation, manufacturing, sale,
<br />transportation, storage, delivery, and testing of recreational cannabis in California; and
<br />ATTY/ORD.447/AMENDING ARTICLE 59 REGARDING CANNABIS ORDINANCE NO. 1130-370
<br />REV: 10-16-17 MI MUFF NO. 301
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