AgdaPkt 2011-10-10 - Laserfiche WebLink

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7.A. - Page 2 regulatory issues associated with banning or allowing medical marijuana collectives within City limits. The moratorium will expire on December 10, 2011. Since the moratorium was implemented, staff has researched the legal, public safety, and land use aspects of regulating medical marijuana, monitored changes in applicable law, and studied ordinances adopted by other cities regulating medical marijuana distribution facilities. Staff recommends the adoption of Article 59 of the Zoning Ordinance to prohibit medical marijuana distribution facilities for these reasons, explained more fully below: 1. There is continuing uncertainty between state and federal enforcement policies that could further complicate local enforcement efforts; 2. Based on the recent proliferation of inedical marijuana facilities and associated law enforcement problems, staff anticipates an increase in crime and crime-related secondary impacts of these facilities operating in the City; 3. Land use concerns could result from medical marijuana distribution facilities, namely neighborhood compatibility and traffic; and 4. Significant staff costs and time would be anticipated to ensure that medical marijuana distribution facilities meet state and City requirements. Although permit and regulatory fees could be assessed, enactment of those fees may not cover the full cost of enforcement or may be at the expense of other priority activities. At its September 20, 2011 meeting, the Planning Commission held a duly noticed public hearing on this amendment. The Commission voted unanimously to recommend the proposed Zoning Ordinance amendment to the Council including an optional sunset provision, which would require the City to re-evaluate this issue in 2 years before the specified sunset date, November 24, 2013. Refer to draft Minutes from the September 20, 2011 Planning Commission meeting in Attachment 3. Upon consideration of the Planning Commission's recommendation to establish a sunset clause, staff recommends adopting the ordinance without such a clause. Staff recommends this alternative because it sends a clearer message as to the City's intent regarding the distribution of inedical marijuana. Should there become clarity in the law, as discussed further in this report, the City Council has the discretion to take up this matter at any time in the future as necessary. A sunset clause would require that this issue be re-examined within a certain timeframe opposed to letting it be at Council's discretion. ANALYSIS Legal Assessment Potential Conflict Between Federal Criminal Law and State Criminal Law: The Federal Controlled Substances Act (CSA) makes it illegal to import, manufacture, distribute, possess or use marijuana in the United States. Because the federal government classifies marijuana as a "Schedule I" controlled substance, marijuana cannot be prescribed or dispensed in the same way as legal drugs, which is why