HomeMy WebLinkAbout50B - ORD - BAN ON MARIJUANA CULTIVATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 15, 2015
TITLE;
ORDINANCE TO REAFFIRM A BAN ON
THE CULTIVATION AND DELIVERY
OF MARIJUANA
(STRATEGIC PLAN 1; 3; 4; 5)
CLERK OF COUNCIL USE ONLY:
;w•-• --F
❑ As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
lyl���1111i1:T
Adopt an ordinance to reaffirm a ban on the cultivation and delivery of marijuana within the City of
Santa Ana,
DISCUSSION
Both federal and California laws generally prohibit the use, possession, and furnishing of
marijuana. However, the Compassionate Use Act of 1996 ( "CUA ") and the Medical Marijuana
Program ( "MMP ") removed certain state law consequences from the ability of qualified patients to
obtain and use marijuana for medical purposes.
In 2013, the California Supreme Court held that cities could regulate or ban medical marijuana
dispensaries. On November 4, 2014, the voters of the City of Santa Ana approved Measure BB
(Ordinance No. NS -2864) to regulate the establishment, operation, and taxation of Medical
Marijuana Collectives and Cooperatives. This Ordinance amended Chapter 18 of the Santa Ana
Municipal Code and included sections that addressed operational standards, business taxation
requirements, and enforcement regarding medical marijuana collectives.
On October 9, 2015, Governor Jerry Brown signed three bills (AB 243, AB 266, and SB 643) that
regulate marijuana from "seed to sale" in the state of California. Specifically, AB 266 provides
local control to ban cultivation and delivery services of marijuana. For municipalities that elect to
ban cultivation and delivery services, AB 266 requires that local government enact specific
ordinances to ban the cultivation and delivery services of marijuana within their borders. The
voter approved Ordinance NS -2864 addressed on -site cultivation and impliedly addressed
delivery services of marijuana within the City. However, the language of AB 266 requires that
cultivation and delivery services be expressly banned by March 1, 2016.
50B -1
Ordinance to Reaffirm a Ban on
the Cultivation and Delivery of Marijuana
December 15, 2015
Page 2
The proposed ordinance supports and reaffirms the objective of Ordinance NS -2864 and promotes
the health, safety and welfare of the residents of Santa Ana. It is recommended that the proposed
ordinance is approved. Failure of a local government to ban cultivation or delivery services would
allow the State of California to allow such activity within that local government.
STRATEGIC PLAN ALIGNMENT
Approval of this Item supports the City's efforts to meet Goal #1 Community Safety, Goal #3
Economic Development, Goal #4 Government Financial Stability, and Goal #5 Community Health,
Livability, Engagement and Sustainability.
FISCAL IMPACT
Approval of this ordinance will have no fiscal impact as there.,are no new associated costs.
Hassan Haghan!, ICP
Executive Director
Planning & Building Agency
Exhibits; 1, Ordinance
Sonia R. Carvalho
City Attorney
City Attorney's Office
50B -2
SMS 12/15/15
ORDINANCE NO. NS -
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA TO REAFFIRM A BAN ON
THE CULTIVATION AND DELIVERY OF
MARIJUANA
WHEREAS, in 1996, the California electorate approved Proposition 215, the
Compassionate Use Act of 1996 ( "CUA"), which allows a patient, with a doctor's
recommendation, to use marijuana for medical purposes without the fear of prosecution
or arrest; and
WHEREAS, in 2003, the California legislature passed Senate Bill 420 (Medical
Marijuana Program Act [ "MMP "]) which amended the Health and Safety Code to permit
the establishment of medical marijuana dispensaries for the distribution of marijuana for
medical purposes; and
WHEREAS, in 2013, the California Supreme Court held that cities could regulate
or ban medical marijuana dispensaries; and
WHEREAS, on November 4, 2014, the voters of the City of Santa Ana approved
Measure BB (Ordinance No. NS -2864) to regulate the establishment, operation, and
taxation of Medical Marijuana Collectives and Cooperatives. This Ordinance amended
Chapter 18 of the Santa Ana Municipal Code and included sections that addressed
operational standards, business taxation requirements, and enforcement regarding
medical marijuana collectives; and
WHEREAS, on October 9, 2015, Governor Jerry Brown signed three bills (AB
243, AB 266, and SB 643) that regulate marijuana from "seed to sale" in the state of
California. Specifically, AB 266 provides local control to ban cultivation and delivery
services of marijuana. For municipalities that elect to ban cultivation and delivery
services, AB266 requires that local government enact specific ordinances to ban the
cultivation and delivery services of marijuana within their borders; and
WHEREAS, Ordinance NS -2864 addressed on -site cultivation and impliedly
addressed delivery services of marijuana within the City; and
WHEREAS, the City of Santa Ana has a
marijuana is not distributed in an illicit manner, in
and welfare of its residents and businesses, and
within its borders;
50B -3
compelling interest in ensuring that
protecting the public health, safety
in preserving the lawful use of land
Ordinance No. NS -XXX
Page 1 of 3
SMS 12/15/15
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby adopts the recitals and findings set forth
above and in the request for Council action -staff report prepared in connection with this
ordinance.
Section 2. Article XIII of Chapter 18 of the Santa Ana Municipal Code is
hereby amended as follows:
Chapter 18
ARTICLE XIII. MEDICAL MARIJUANA COLLECTIVES /COOPERATIVES
18 -620. Compliance with this article and state law
(e) Cultivation of marijuana or medical marijuana is prohibited anywhere in
the City. No person, including a qualified patient or primary caregiver, shall cultivate
marijuana or medical marijuana in the City.
(f) Delivery services of marijuana or medical marijuana are prohibited
anywhere in the City. No person or business shall operate delivery services of
marijuana or medical marijuana or mobile dispensaries within the City.
Section 3. The City Clerk shall certify the adoption of this Ordinance and shall
cause the same to be posted as required by law.
ADOPTED this day of 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
B, _
v- andra M. Schwarzmann
,k City Attorney
Miguel A. Pulido
Mayor
50B -4
Ordinance No. NSAXX
Page 2 of 3
SMS 12115/15
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
50B -5
Ordinance No. NS -XXX
Page 3 of 3
MEW