CITY COUNCIL STAFF REPORT
MEETING DATE: DECEMBER 16, 2015
PREPARED BY: Jerry Neumayer, Police Captain
APPROVED BY: City Manager
TITLE
AMENDMENT TO MEDICAL MARIJUANA ORDINANCES
END
RECOMMENDATION(S)
RECOMMENDATION
1. Waive the first and second reading of the ordinance; and
2. Introduce Ordinance Amending Chapter 9.16 and Section 18.02.075 of Morgan Hill Municipal Code Imposing a Ban on Marijuana Cultivation, Delivery, and Dispensaries.
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
Ongoing Priorities
Enhancing public safety
Protecting the environment
Supporting youth
Preserving and cultivating public trust
REPORT NARRATIVE:
In 1996, the voters of the State of California approved Proposition 215, "The Compassionate Use Act of 1996" or "CUA", to enable seriously ill Californians, under the care of a physician, to legally possess, use, and cultivate marijuana for medical use under state law. In 2003, the California Legislature adopted SB 420, the Medical Marijuana Program Act ("MMPA"), which permits qualified patients and their primary caregivers to associate collectively or cooperatively to cultivate marijuana for medical purposes without being subject to criminal prosecution under the California Penal Code. Neither the CUA nor the MMPA require or impose an affirmative duty or mandate upon a local government to allow, authorize, or sanction the establishment of facilities that cultivate or process medical marijuana within its jurisdiction. Under the Federal Controlled Substances Act, the use, possession, and cultivation of marijuana remain unlawful and subject to federal prosecution without regard to a claimed medical need.
On May 25, 2011, City Council added Chapter 9.16 and Section 18.02.075 to the Morgan Hill Municipal Code prohibiting medical marijuana dispensary facilities in Morgan Hill. At that time, the Police Department conducted research of other jurisdictions with medical marijuana dispensar...
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