HomeMy WebLinkAboutOrd 09-06 Medical Marijuana Dispensaries
ORDINANCE NO.9. 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * ~ * ~ * * *
ADDING CHAPTER 5.58 TO THE
DUBLIN MUNICIPAL CODE TO PROHmIT THE
OPERA nON OF MEDICAL MARIJUANA DISPENSARIES
Section \
Findings
A. In 1996, the voters of the State of California approved Proposition 215, which enacted the
Compassionate Use Act of 1996, codified at Health & Safety Code Section 11362.5 The
Compassionate Use Act permits possession and cultivation of marijuana for medical purposes
under limited and speCIfied circumstances.
B In 2003, the State Legislature enacted Senate Bi11420 to clarify the scope of the Compassionate
Use Act and to allow cities to adopt and enforce laws consistent with Senate BiI1420
C The federal Controlled Substances Act, 2\ U.S.C Section 841, makes it unlawful for any person
to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute or
dispense, marijuana. The federal Controlled Substances Act contains no exemption for marijuana
used for medical purposes.
D In 2001, the United States Supreme Court issued its decision in United States v Oakland
Cannabis Buyers' ('ooperative, which held that there is no medical necessity exception to the
federal Controlled Substances Act.
E. In 2005, the United States Supreme Court issued its decision in Gonzalez v RClich, which held that
Congress has the power under the Commerce Clause of the United States ConstItution to prohibit
the manufacture, distribution and possession of marijuana pursuant to the Controlled Substances
Act, even as such prohibitions apply to marijuana manufactured, distributed or possessed within
the state of California.
F In light of these decisions, the City Council finds that it would be contrary to the public health,
safety, and welfare to permit the operatIOn of medical marijuana dispensaries, as defined herein,
within the City of Dublin because to permit such activities may subject the City and/or its officials
and employees to prosecution under federal law and/or would otherwise constitute illegal actIvity
under federal law
G. In addition, surrounding communities that permit medical marijuana facilities expenence criminal
actIvity or calls for service involvillg theft, trespass, loitenng, and disturbance calls, among others.
H. Until the inconSistency between federal and state law relating to medical marijuana is resolved, it
is the intent ofthe City Council to prohibit medical marijuana dispensanes within the City of
Dublin.
L This ordinance is enacted pursuant to the City's police power found ill Article Xl, SectIOn 7 of the
California Constitution in order to promote the health, safety, and welfare of Dublin 's residents.
Ord 9-06, Adopl.ed 6120/06, Item NO.4 13
Page 1 of3
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 2. Addition C!fChapter 5.58. Chapter 5 58 is hereby added to the Dublin Municipal
Code to read as follows:
CHAPTER 5.58 MEDICAL MARIJUANA DISPENSARIES
5.58.010
Definitions. For the purposes of this Chapter, unless otherwise apparent from the context,
the following definitions shall apply-
A "Medical Marijuana" is marijuana authonzed in strict compliance with Health & Safety Code
Section 11362.5 et seq.
B "Medical Marijuana Dispensary" means any facility or location, whether fixed or mobile, where
Medical Marijuana is made available to, distrihuted by, or distributed to two or more of the
followmg: a Qualified Patient, a Person with an Identification Card, or a Primary Caregiver
A Medical Marijuana Dispensary shall not include the following uses, so long as such uses
comply with thIs Code, Health & Safety Code Section 11362.5 et seq., and other applicable law'
1 A clinic hcensed pursuant to Chapter 1 of Division 2 of the Health & Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health & Safety
Code.
3 A residential care facility for persons with chronic life-threatening illness licensed pursuant to
Chapter 301 of Division 2 of the Health & Safety Code.
4 A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 ofthe
Health & Safet) Code.
5 A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health
& Safety Code.
C "Person with an Identification Card" shall have the meaning given that term by Health & Safety
Cl)de Section 11362.7
D "Primary Caregiver" shall have the meaning given that term by Health & Safety Code Section
11362.7
E. "Qualified Patient" shall have the meaning given that term by Health & Safety Code Section
11362.7
Ord 9.()G, Adopled 6120/06, Item No.4. J 3
Page 2 on
5.58.020
Operation of Medical Marijuana Dispensaries Prohibited. No person shall operate or
permit to be operated a Medical Marijuana Dispensary in or upon any premises in the citv
Section 2. Effective Date This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 3 Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 20u, day of June,
2006, by the following votes:
AYES:
Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES:
None
ABSENT:
None
"
ABSTAIN: None
AA ~
~ ilk /J.I'{' ~
City Jerk
Ord YoU';, Adopted 6!20/06, Item NO.4 13
Page 3 of 3