AgdaPkt 2011-10-10 - Laserfiche WebLink

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7.A. - Page 17 Attachment 1 WHEREAS, the City Council further takes legislative notice that as of August 2011, 161 cities and 17 counties have adopted prohibitions against medical marijuana distribution facilities (John Hoeffel, Superior Court sides with Anaheim in lawsuit over medical pot ban, Los Angeles Times (Aug. 20, 2011)). (A compilation is available at: http://www.safeacessnow.org); and WHEREAS, the City Council further takes legislative notice that the California Attorney General has adopted guidelines for the interpretation and implementation of the state's medical marijuana laws, which are entitled "GUIDELINES FOR THE SECURITY AND NON-DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE (August 2008)" and the Attorney General has stated in the guidelines that "[although medical marijuana 'dispensaries' have been operating in California for years, dispensaries, as such, are not recognized under the law". These guidelines are available electronically and can be found at: http://ag.ca.gov/cros_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf; and WHEREAS, the City Council further takes legislative notice that the experience of other cities has been that many medical marijuana distribution facilities or "dispensaries" do not operate as true cooperatives or collectives in compliance with the MMPA and the Attorney General Guidelines, and thus these businesses are engaged in cultivation, distribution and sale of marijuana in a manner that remains illegal under both California and federal law; as a result, the City would be obligated to commit substantial resources to regulating and overseeing the operation of inedical marijuana distribution facilities to ensure that the facilities operate lawfully and are not fronts for illegal drug ATTY/ORD.353/MEDICAL MARIJUANA ADDING ARTICLE 59 TO RWC ZONING CODE 093011 4