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<br />1. In 1996, the voters of the State of California approved Proposition 215 ("the <br />Act"), codified as Health and Safety Code Section 11362.5, et seq. <br /> <br />2. The intent of Proposition 215 was to enable persons who are in need of <br />medical marijuana for medical purposes to obtain and use it under limited, <br />specified circumstances. <br /> <br />3. On January 1, 2004 S8 420, codified as Health and Safety Code Section <br />11362.7 et seq., was enacted by the Legislature to clarify the scope of the Act <br />and to allow cities and counties to adopt and enforce rules and regulations <br />consistent with S8 420 and the Act. <br /> <br />4. The Santa Ana Municipal Code does not address in any manner medical <br />marijuana dispensaries. <br /> <br />5. Last month the United States Supreme Court addressed medical marijuana <br />use in Gonzales v Raich (2005) 125 S. Ct. 2195. In Raich, the Court held that <br />the federal government has the power to regulate and criminalize medical <br />marijuana use and legally does so. <br /> <br />6. The federal Controlled Substances Act, 21 U.S.C. Section 801 et seq., <br />classifies marijuana as a Schedule I drug because of its high potential for <br />abuse, lack of any accepted medical use, and absence of any accepted safe <br />use. The manufacture, distribution, or possession of a Schedule I drug is a <br />criminal offense under the Controlled Substances Act. <br /> <br />7. There is a conflict between California State law, which allows marijuana <br />manufacture and distribution in special circumstances of medical need, and <br />federal law, which criminalizes the manufacture, distribution or possession of <br />marijuana. <br /> <br />8. The United States Supreme Court addressed but may not have resolved the <br />conflict between state and federal law in Raich. In Raich, the United States <br />Supreme Court held that federal law prevails over state law if there is a <br />conflict. The United States Supreme Court did not, however, expressly strike <br />down Proposition 215. <br /> <br />9. Until such time as the conflict between state and federal law is conclusively <br />resolved, the City will be unable to determine if medical marijuana <br />dispensaries can legally be established and regulated within the city. <br /> <br />G. If medical marijuana dispensaries are permitted in the City and left unregulated, they <br />will pose a serious threat to the public interest, health, safety and welfare for the <br />following reasons: <br /> <br />Ordinance No. NS - 2693 <br />Page 2 of 5 <br />