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ORDINANCE 561 AN URGENCY ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTIONS 10-1.202, 10-1.701 AND 10-1.801 AND ADDING SECTIONS 10-1.706 AND 10-1.804 TO THE LOS ALTOS HILLS MUNICIPAL CODE PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES, MEDICAL MARIJUANA OR CANNABIS CULTIVATION, INCLUDING PERSONAL CULTIVATION, AND ALL COMMERCIAL MEDICAL MARIJUANA OR CANNABIS OPERATIONS WITHIN THE TOWN LIMITS WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (known as the Compassionate Use Act ("CUA")), adding section 11362.5 to the California Health& Safety Code; and WHEREAS, on January 1, 2004, the State Legislature enacted the "Medical Marijuana Program" ("MMP"), codified as Health & Safety Code sections 11362.7 to 11362.83, clarifying the scope of the CUA and establishing a voluntary program for identification cards issued by counties for qualified patients and primary caregivers, and provide criminal immunity to qualified patients and primary caregivers for certain activities involving medical marijuana, including the collective or cooperative cultivation of medical marijuana; and WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 CalAth 729, that the CUA and the MMP do not preempt local ordinances that completely and permanently ban medical marijuana dispensaries, collectives, and cooperatives; and WHEREAS, in Maral v. City of Live Oak(2013) 221 Cal.App.4th 975, the Third District Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical marijuana and that a city could implement and enforce a complete ban on this activity, including a ban on personal cultivation; and WHEREAS, on October 9, 2015, Governor Brown signed Assembly Bills 243 and 266 and Senate Bill 643 (collectively known as the Medical Marijuana Regulation and Safety Act or "MMRSA"), which taken together create a broad state regulatory and licensing system governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of marijuana products, and physician recommendations for medical marijuana, and provide immunity to marijuana businesses operating with both a state license and a local permit; and WHEREAS, while the new legislation expressly preserves local control over medical marijuana facilities and land uses, including the authority to prohibit all medical marijuana businesses and cultivation, newly-added Health & Safety Code section 11362.777, subdivision (c)(4) provides that if a city does not have a land use regulation or ordinance regulating or prohibiting marijuana cultivation in place, either expressly or otherwise under principles of permissive zoning, or chooses not to administer a conditional permit program under that section, Ordinance 561 Page 1