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HomeMy WebLinkAbout2006-04-25 - AGENDA REPORTS - MEDICAL MARIJUANA DISPENSERIES (2)Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT PUBLIC HEARING City Manager Approval: Item to be presented by: Patrick Leclair DATE: April 25, 2006 SUBJECT: EXTENSION OF THE URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES DEPARTMENT: Community Development RECOMMENDED ACTION City Council conduct a public hearing and adopt an ordinance that extends the urgency ordinance approved on March 28, 2006 that enacted a temporary moratorium on the issuance of permits for medical marijuana dispensaries within the City of Santa Clarita by 22 months and 15 days. BACKGROUND On March 28, 2006, pursuant to Government Code § 65858, the Santa Clarita City Council enacted an interim urgency ordinance (the "45 Day Ordinance") to impose a moratorium on issuance of any land use entitlements for medical marijuana dispensaries. Absent any additional action, the interim ordinance would expire after 45 days. The proposed ordinance (the "Extension Ordinance") would extend the moratorium for an additional 22 months and 15 days, or until March 28, 2008. Reasons for the 45 Day Ordinance The Extension Ordinance, if adopted, would be adopted for the same reasons that the 45 Day Ordinance was originally adopted, as those reasons are still accurate. The 45 Day Ordinance was adopted for various reasons, including: 1. Anecdotal reports suggested that crime and other public nuisances increase in those areas where medical marijuana facilities exist. The City was .unaware of any additional evidence which indicated whether such facilities in fact foster crime or other public nuisances. The City needed time to gather more information. 2. Current law was unclear: On the one hand, federal law prohibits marijuana use, distribution and possession. The Supreme Court of the United States ruled in United States v. Oakland Cannabis Buyers' Cooperative, 532 US 483 (2001), that notwithstanding California law, the federal Controlled Substances Act continues to prohibit marijuana use, distribution, and possession, and that no medical necessity exception exists to these prohibitions. • Additionally, the Supreme Court of the United States ruled in Gonzales v. Raich, U.S. LEXIS 4656 (2005), that pursuant to the commerce clause, the federal government has the power to prohibit the local cultivation and use of marijuana, even though such cultivation and use complies with California law. • On the other hand, California law specifically indicates that certain uses of marijuana for medical purposes are legal. • In Gonzales v. Raich, the Supreme Court of the United States did not indicate that California law was invalid, but rather, merely indicated that the federal government could continue to enforce its medical marijuana laws. • It was unclear whether the City was required to allow medical marijuana facilities, as the City is governed by state law; or whether the City was required to prohibit medical marijuana facilities, because otherwise, the City would be specifically authorizing what is known to violate federal law. It was also unclear whether the City had the freedom to determine whether to allow or prohibit medical marijuana facilities. 3. Future laws might be amended to resolve this discrepancy: Members of Congress have introduced bills which would, among other things, have the effect of legalizing the medical use of marijuana in California, or impose moratoriums on all federal government enforcing marijuana laws against users of marijuana for medical purposes. For example, on May 4, 2005, Representative Frank introduced HR 2087, with 36 co-sponsors, to provide for the medical use of marijuana in accordance with the laws of the various States. It was expected that future legislation would answer whether the City should allow such dispensaries. Unless the City waited for this legislation, and any subsequent related pieces of legislation to be voted upon, the City might be authorizing uses which would ultimately be illegal. Measures Taken to Alleviate the Conditions Which Led to the Adoption of the Ordinance Thus far, the office of the City Attorney has only begun to review applicable law in this area, given the recent Supreme Court cases and recently introduced legislation. Thus far, the Office of the City Attorney has begun a factual analysis of medical marijuana dispensaries on a community; and Completed a preliminary analysis of Gonzales v. Raich and United States v. Oakland Cannabis Buyers' Cooperative. Duration of the Extension Ordinance If adopted by the City Council, the Extension Ordinance would cause the moratorium on issuance of entitlements relating to medical dispensaries to be extended until March 28, 2008. It is not expected that the Extension Ordinance will be necessary for the entire 22 months and 15 days. However, given the very recent developments in the law in this area, it may take some months for the scope of the City's authority to be clarified, as well as several months for City staff to craft appropriate regulations thereafter. Because the City may repeal the Extension Ordinance at any time, the Extension Ordinance has been drafted to extend for the maximum time permissible under Government Code section 65858, with the understanding that once appropriate regulations can be drafted, the Extension Ordinance can be repealed. ALTERNATIVE ACTIONS Another action as determined by Council. FISCAL IMPACT No impact. ATTACHMENTS Ordinance Court Cases Referenced in Report available in the City Clerk's Reading File CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING NOTICE IS HERBY GIVEN: A public hearing will be held by the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., let Floor, on the 25th day of April, 2006, at or after 6:00 p.m. to consider the extension of the 45 -day, temporary urgency ordinance extending the moratorium on the issuance of any permit or entitlement for the establishment or operation of medical marijuana dispensaries within the City of Santa Clarita. This extension would extend the 45 -day moratorium by 22 months and 15 days (for a total of two years) to allow the City the necessary time to prepare an ordinance regulating the operation of medical marijuana dispensaries within the City of Santa Clarita. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting Patrick Leclair, Associate Planner (661) 255-4330. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. Dated: April 6, 2006 Sharon L. Dawson, CMC City Clerk Publish Date: April 15, 2006