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562
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Last modified
5/24/2016 9:31:40 AM
Creation date
5/24/2016 9:31:38 AM
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Ordinances
Number
562
Date (Introduced)
1/27/2016
Date (Adopted)
5/19/2016
Description
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
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ORDINANCE 562 <br /> AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING <br /> SECTIONS 10-1.202, 10-1.701 AND 10-1.801 AND ADDING SECTIONS 10- <br /> 1.706 AND 10-1.804 TO THE LOS ALTOS HILLS MUNICIPAL CODE <br /> PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA <br /> DISPENSARIES, MEDICAL MARIJUANA OR CANNABIS <br /> CULTIVATION, INCLUDING PERSONAL CULTIVATION, AND ALL <br /> COMMERCIAL MEDICAL MARIJUANA OR CANNABIS OPERATIONS <br /> WITHIN THE TOWN LIMITS <br /> WHEREAS, in 1996, the voters of the State of California approved Proposition 215 <br /> (known as the Compassionate Use Act("CUA")), adding section 11362.5 to the California Health <br /> & Safety Code; and <br /> WHEREAS, on January 1, 2004, the State Legislature enacted the "Medical Marijuana <br /> Program" ("MMP"), codified as Health & Safety Code sections 11362.7 to 11362.83, clarifying <br /> the scope of the CUA and establishing a voluntary program for identification cards issued by <br /> counties for qualified patients and primary caregivers, and provide criminal immunity to qualified <br /> patients and primary caregivers for certain activities involving medical marijuana, including the <br /> collective or cooperative cultivation of medical marijuana; and <br /> WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. <br /> Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 CalAth 729,that the CUA and <br /> the MMP do not preempt local ordinances that completely and permanently ban medical marijuana <br /> dispensaries, collectives, and cooperatives; and <br /> WHEREAS, in Maral v. City of Live Oak(2013) 221 Cal.App.4th 975, the Third District <br /> Court of Appeal held, based on Inland Empire, that there was no right to cultivate medical <br /> marijuana and that a city could implement and enforce a complete ban on this activity, including <br /> a ban on personal cultivation; and <br /> WHEREAS, on"October 9, 2015, Governor Brown signed Assembly Bills 243 and 266 <br /> and Senate Bill 643 (collectively known as the Medical Marijuana Regulation and Safety Act or <br /> "MMRSA"), which taken together create a broad state regulatory and licensing system governing <br /> the cultivation, testing, and distribution of medical marijuana, the manufacturing of marijuana <br /> products, and physician recommendations for medical marijuana, and provide immunity to <br /> marijuana businesses operating with both a state license and a local permit; and <br /> WHEREAS, while the new legislation expressly preserves local control over medical <br /> marijuana facilities and land'uses, including the authority to prohibit all medical marijuana <br /> businesses and cultivation, newly-added Health & Safety Code section 11362.777, subdivision <br /> (c)(4) provides that if a city does not have a land use regulation or ordinance regulating or <br /> prohibiting marijuana cultivation in place, either expressly or otherwise under principles of <br /> permissive zoning, or chooses not to administer a conditional permit program under that section, <br /> Ordinance 562 Page 1 <br />
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