ORD 1309 (2006)
08 ORDINANCE 1231-1389: 2001-2010
ORD 1309 (2006)
2/7/2006 12:02:02 PM
2/7/2006 11:53:19 AM
ESTABLISH A TEMPORARY MORATORIUM
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<br />ORDINANCE NO. 1309 <br /> <br />AN INTERIM URGENCY ORDINANCE OF THE CITY OF <br />TUSTIN, CALIFORNIA, ESTABLISHING A TEMPORARY <br />MORATORIUM ON THE LEGAL ESTABLISHMENT AND <br />OPERATION OF MEDICAL MARIJUANA DISPENSARIES <br />WITHIN THE CITY OF TUSTIN FOR A PERIOD OF 45 <br />DAYS PENDING A STUDY OF ZONING REGULATIONS <br />THAT ARE NEEDED TO ALLEVIATE A CURRENT AND <br />ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, <br />AND WELFARE <br /> <br />The City Council of the City of Tustin, California, does hereby ordain as follows: <br /> <br />SECTION 1. This interim urgency ordinance is adopted pursuant to Section <br />65858 of the California Government Code. <br /> <br />SECTION 2. The City Council hereby finds, determines and declares that this <br />interim urgency ordinance is necessary because: <br /> <br />A. <br /> <br />In 1996 the voters of the state of California approved Proposition 215 <br />(codified as Health and Safety Code Section 11362.5 et. seq. and entitled <br />"The Compassionate Use Act of 1996"). <br /> <br />B. <br /> <br />The intent of Proposition 215 was to enable seriously ill Californians to <br />legally possess, use, and cultivate marijuana for medical use under state <br />law. <br /> <br />C. <br /> <br />As a result of Proposition 215, individuals have established medical <br />marijuana dispensaries in various cities. <br /> <br />D. <br /> <br />Other California cities, which have permitted the establishment of medical <br />marijuana dispensaries, have experienced an increase in crime, such as <br />burglary, robbery, loitering around the dispensaries, increased pedestrian <br />and vehicular traffic and noise, and the sale of illegal drugs in the areas <br />immediately surrounding such medical marijuana dispensaries. <br /> <br />E. <br /> <br />Based on the experience of other cities it is reasonable to conclude that <br />similar negative effects on the public health, safety, and welfare will occur <br />in Tustin due to the establishment and operation of medical marijuana <br />dispensaries. <br /> <br />F. <br /> <br />On June 6, 2005, the United States Supreme Court decided Gonzales v. <br />Raich, 125 S. Ct. 2195 (2005). The Court found there to be no legally <br />recognizable medical necessity exception under Federal Law to the <br /> <br />Ordinance No. 1309 <br />Page 1 of 4 <br />
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