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10/24/2011 <br /> trafficking; and, furthermore, it is uncertain whether even with the dedication of <br /> significant resources to the problem, .the City would be able to prevent illegal conduct <br /> associated with medical marijuana distribution facilities, such as illegal cultivation and <br /> transport of marijuana and the distribution of marijuana between persons who are not <br /> qualified patients or caregivers under the CUA and MMPA; and <br /> WHEREAS, the City Council further takes legislative notice that concerns about <br /> nonmedical marijuana use arising in connection with the CUA and the MMPA also have <br /> been recognized by state and federal courts in case decisions. (See, e.g., Bearman v. <br /> Califomia Medica/ Bd. (2009) 176 CalApp,4th 1688; People ex rel Lungren v, Peron <br /> (1997) 59 Cal.App.4th 1383, 1386 to 1387; Gonza/es v, Raich (2005) 545 U.S. 1); and <br /> WHEREAS, the City Council further takes legislative notice that the use, <br /> possession, distribution and sale of marijuana remain illegal under the CSA (Bearman <br /> v. Califomia Medica/ Bd. (2009) 176 CaJ.App.4th 1588); that the federal courts have <br /> recognized that despite California's CUA and MMPA, marijuana is deemed to have no <br /> accepted medical use (Gonzales v, Raich, 545 U.S. 1; United States v. Oakland <br /> Cannabis Buyers' Cooperative (2001) 532 U.S. 483); that medical necessity has been <br /> ruled not to be a defense to prosecution under the CSA (Unifed States v, Oakland <br /> Cannabis Buyers' Cooperative, 532 U.S. 483); and that the federal government properly <br /> may enforce the CSA despite the CUA and MMPA (Gonza/es v, Raich, 545 U.S. 1); and <br /> WHEREAS, the United States Attorney General in October 2009 announced <br /> formal guidelines for federal prosecutors in states that have enacted laws authorizing <br /> the use of marijuana for medical purposes which appear to ease enforcement of federal <br /> laws as applied to medical marijuana dispensaries which otherwise comply with state <br /> ATTY/ORD.353/MEDICA� MARIJUANA ADDING ARTICLE 59 TO RWC ZONING CODE ORD. # 1130-354 <br /> 102511 MUFF # 602 <br /> 5 <br />