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6.3. B. - Page 4 <br />ORDINANCE NO. <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />REDWOOD CITY ADDING ARTICLE 59 TO THE REDWOOD CITY <br />ZONING CODE RELATING TO MEDICAL MARIJUANA <br />DISTRIBUTION FACILITIES <br />WHEREAS, in 1970, Congress enacted the Controlled Substances Act'( "CSA ") <br />which, among other things, makes it illegal to import, manufacture, distribute, possess, <br />or use marijuana in the United States; and <br />WHEREAS, in 1996, the voters of the State of California approved Proposition <br />215, known as the Compassionate Use Act ( "CUA ") (codified as Health and Safety <br />(H &S) Code section 11362.5 et seq.); and <br />WHEREAS, the CUA creates a limited exception from criminal liability for <br />seriously ill persons who are in need of medical marijuana for specified medical <br />purposes and who obtain and use medical marijuana under limited, specified <br />circumstances; and <br />WHEREAS, on January 1, 2004, the "Medical Marijuana Program" (MMPA), <br />codified as H &S Code sections 11362.7 to 11362.83, was enacted by the California <br />Legislature to clarify the scope of the Act and to allow cities and other governing bodies <br />to adopt and enforce rules and regulations consistent with the MMPA; and <br />WHEREAS, the CUA expressly anticipates the enactment of additional <br />legislation at the local level in stating: "Nothing in this section shall be construed to <br />supersede legislation prohibiting persons from engaging in conduct that endangers <br />others, nor to condone the diversion of marijuana for nonmedical purposes" (H &S Code <br />section 11362.5); and <br />ATTY /ORD.353 /MEDICAL MARIJUANA ADDING ARTICLE 59 TO RWC ZONING CODE <br />093011 <br />1 <br />