HomeMy WebLinkAboutNS-2889 - Reaffirm a Ban on the Cultivation and Delivery of MarijuanaSMS 12/15/15
ORDINANCE NO. NS - 2889
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 ("CILIA"), 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 compelling interest in ensuring that
marijuana is not distributed in an illicit manner, in protecting the public health, safety
and welfare of its residents and businesses, and in preserving the lawful use of land
within its borders;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES HEREBY ORDAIN AS FOLLOWS:
Ordinance No. NS -2889
Page 1 of 3
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 19th day of January, 2016.
APPROVED AS TO FORM:
Sonia R. Carvallho, City Attorney
Y
ra M. Schwarzmann
Senior Assistant City Attorney
Ordinance No. NS -2889
Page 2 of 3
SMS 12/15/15
AYES: Councilmembers: Benavides, Martinez, Pulido, Reyna, Sarmiento
Tinaiero (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Amezcua (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -2889 to be the original ordinance adopted by the City Council of the
City of Santa Ana on January 19, 2016 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: / 31.2 (e � �� � �✓I�,�r
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2889
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