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6.3.B. - Page 7 <br />WHEREAS, the City Council further takes legislative notice that as of August <br />2011, 161 cities and 17 counties have adopted prohibitions against medical marijuana <br />distribution facilities (John Hoeffel, Superior Court sides with Anaheim in lawsuit over <br />medical pot ban, Los Angeles Times (Aug. 20, 2011)). (A compilation is available at: <br />http: / /www.safeacessnow.org); and <br />WHEREAS, the City Council further takes legislative notice that the California <br />Attorney General has adopted guidelines for the interpretation and implementation of <br />the state's medical marijuana laws, which are entitled "GUIDELINES FOR THE <br />SECURITY AND NON - DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE <br />(August 2008)" and the Attorney General has stated in the guidelines that "[although <br />medical marijuana 'dispensaries' have been operating in California for years, <br />dispensaries, as such, are not recognized under the law ". These guidelines are <br />available electronically and can be found at: <br />http : / /ag.ca.gov /cros_ attachments /press /pdfs /nl 601 _medicalmarijuanaguidelines. pdf; <br />and <br />WHEREAS, the City Council further takes legislative notice that the experience <br />of other cities has been that many medical marijuana distribution facilities or <br />"dispensaries" do not operate as true cooperatives or collectives in compliance with the <br />MMPA and the Attorney General Guidelines, and thus these businesses are engaged in <br />cultivation, distribution and sale of marijuana in a manner that remains illegal under both <br />California and federal law; as a result, the City would be obligated to commit substantial <br />resources to regulating and overseeing the operation of medical marijuana distribution <br />facilities to ensure that the facilities operate lawfully and are not fronts for illegal drug <br />ATTY /ORD.353 /MEDICAL MARIJUANA ADDING ARTICLE 59 TO RWC ZONING CODE <br />093011 <br />4 <br />