ORDINANCE NO ORDINANCE OF

THE

6067

AN

CITY

OF 4

ANAHEIM OF
THE

ADDING

CHAPTER

20 TO 4

TITLE

ANAHEIM MUNICIPAL CODE PROHIBITING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARINANA DISPENSARIES

WHEREAS the
which
was

People

of the State of California and and

approved Proposition 215

5and 11362

codified

as

California

Health

Safety

Code

entitled the

Compassionate

Use Act of 1996

the Act

prohibits the provisions of law making unlawful the s possession or cultivation of marijuana from applying to a qualified patient or to a patient who or cultivates marijuana for the personal medical use of the possesses primary caregiver patient upon the recommendation of a physician and also prohibits the criminal prosecution or punishment of a physician for having recommended marijuana to a patient for medical purposes
WHEREAS the Act
and

WHEREAS thereafter the Legislature of the State of California enacted Senate

Bill 420 7 et seq which requires the State Department of Health Services to establish and 11362 maintain a voluntary program for the issuance of identification cards to qualified patients and and the arrest of a qualified patient or a primary caregiver with a

the

Medical

Marijuana Program

codified

as

California Health and

Safety

Code

primary caregivers marijuana

and

prohibits

valid identification card for the

possession transportation delivery

or

cultivation of medical

WHEREAS

one

purpose ofthe Act and the Medical

encourage the federal and state

governments
to

to

implement

o Marijuana Program is t for the safe and plan provide

to

affordable distribution ofmarijuana

all

patients

in medical need of marijuana and

WHEREAS

specific plan
to

to

provide

medical need of marijuana be

leaving implemented particularly in regard dispensaries and

WHEREAS
the Medical
use

the state government has implemented a for the safe and affordable distribution of marijuana to all patients in cities with a lack ofdirection about how the Act is intended neither the federal
nor

to

distribution

of medical

marijuana through

guidance for dispensaries

operation

medical
nor

marijuana

and

Marijuana Program provides additional statutory cultivation but it does not explicitly address the role of
for
or

does it

ofmedical

cities provide require marijuana dispensaries and

that

or allow the establishment and

WHEREAS notwithstanding the passage of the Act and the Medical Marijuana

Program

the

possession

sale and distribution of

marijuana

is

prohibited by

the Controlled

Substances and

Act

21 U C S

841

and Section 11359 of the California Health and

Safety Code

WHEREAS California state law does not provide for the sale or distribution of marijuana by Medical Marijuana Dispensaries to a primary care giver a qualified patient or a 7 of the California person with an identification card as the terms are defined in Section 11362 Health and Safety Code and WHEREAS the Anaheim Municipal Code currently does not restrict or operation ofMedical Marijuana Dispensaries in the City of Anaheim and
WHEREAS Medical
the

existence

Marijuana Dispensaries have been established in numerous locations in California and as a consequence local agencies have reported negative secondary effects on the community which effects include illegal drug activity and drug sales in the vicinity of dispensaries robbery ofpersons leaving dispensaries driving under the influence of a controlled substance by persons who have obtained marijuana from a dispensary persons qualified person burglaries acquiring marijuana from a dispensary and then selling it to anon and robberies and an increase in vacancies in the commercial areas in the vicinity of such
businesses
and

WHEREAS the California Police Chiefs Association has report detailing the
The

negative secondary

effects associated with medical

complied an extensive marijuana dispensaries

City

Council

s Clerk

Office

hereby finds that the report a complete copy of which is on file in the City contains persuasive anecdotal and documented evidence that medical marijuana
a

dispensaries

pose

threat to

public health safety and welfare

California Health and

and

Safety Code Section 11362 2 expressly c 5 construed to supersede legislation prohibiting persons that in the Act shall be provides nothing from engaging in conduct that endangers others nor to condone the diversion of marijuana for
WHEREAS
medical purposes and non

City Council hereby finds that because of the inconsistency between state and federal law relating to the possession sale and distribution and because ofthe documented threat to public health safety and welfare it is in the best interest ofthe citizens of the City of Anaheim that the City prohibit the establishment and operation ofmedical marijuana dispensaries within the City of Anaheim and
WHEREAS
The

WHEREAS this ordinance is enacted pursuant

Code Sections and 2 c 5 11362 83 and the 11362

to California Health and power

as

Safety

s police City
to

granted broadly under

Article XI Section 7 of the California Constitution in order welfare of Anaheim residents

promote the health safety and

NOW THEREFORE

THE

CITY COUNCIL OF THE CITY OF ANAHEIM

DOES HEREBY ORDAIN AS FOLLOWS

SECTION 1

That Anaheim

new

Chapter
read

20 4
as

be

and the

same

is

hereby

added to Title 4 of the

Municipal Code to

follows

20 CHAPTER 4

MEDICAL MARIJUANA DISPENSARIES 20 4 010 PURPOSE AND FINDINGS The

City Council finds that federal and state laws prohibiting the possession sale and distribution of marijuana would preclude the opening of Medical Marijuana Dispensaries sanctioned by the City ofAnaheim and in order to serve public health safety and welfare ofthe residents and businesses within the City the declared purpose of this chapter is to prohibit Medical Marijuana Dispensaries as stated in this chapter
20 4 020

DEFINITIONS The and whenever used in this shall be

following

terms

phrases

chapter

construed

as

defined in this section Identification Card is

a

010

document issued

by

the State

Department

of

Health Services which identifies and the

s person

person authorized to engage in the medical designated primary caregiver if any Medical

use

of marijuana

020

Marijuana

medical

use

is

deemed

appropriate
chronic

used for medical purposes where that and has been recommended by a physician who has

is

marijuana

determined that the

cancer

s person

health would benefit from the for which

use

of marijuana in the treatment of

anorexia AIDS

serious medical condition subsection

pain spasticity glaucoma arthritis migraine or any other marijuana is deemed to provide relief as defined in
Code 7 11362 is any facility or location or to three or more of the

ofHealth and

Safety

030 where medical

Medical

Marijuana Dispensary
an

or

Dispensary
by card
as

marijuana is made available following a qualified patient a person with

Health and

or distributed to and identification

or a

primary caregiver

Each

of these terms is defined herein and shall be

interpreted

in strict accordance with California such sections may be amended

Safety

5 7 Code Sections 11362 and 11362 et seq

from time to time Care Giver is the individual designated by a qualified patient or identification card who has consistently assumed responsibility for the

040

Primary

by

person with
or

an

housing health

safety of that patient

or

person

Physician is an individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board ofCalifornia and who has taken responsibility for an aspect ofthe medical care treatment diagnosis counseling or referral of a patient and who has conducted a medical examination of that patient before recording in the patient s medical record the physician s
assessment of whether the

050

patient

has

serious medical condition and whether the medical

use

of

marijuana

is

appropriate
060

Qualified Patient is a person California Health and Safety Code Section 11362 5 but issued by the State Department of Health Services
20 4 030

who is entitled to the who does

not

protections

of

have

an

identification card

MEDICAL MARIJUANA DISPENSARY PROHIBITED

any Medical

volunteer

or

entity to own manage conduct or operate Marijuana Dispensary participate as an employee contractor agent or in any other manner or capacity in any Medical Marijuana Dispensary in the City
or or

It shall be unlawful for any person to

ofAnaheim
20 4 040

USE OR ACTIVITY PROHIBITED BY STATE OR FEDERAL LAW contained in this

Nothing
or

activity

which is otherwise

chapter shall be deemed to permit prohibited by any state or federal law

or

authorize any

use

SECTION 2

EXISTING NONCONFORMING USES

Any

Medical

effective date ofthis

Marijuana Dispensary existing within ordinance shall cease operations forthwith

the

City

of Anaheim

on

the

SECTION 3

SEVERABILITY

City Council of the City of Anaheim hereby declares that should any section paragraph sentence phrase term or word of this ordinance be declared for any reason to be invalid it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared
invalid

The

SECTION 4 Neither the

SAVINGS CLAUSE

adoption

of this ordinance

nor

the

repeal of any other

ordinance ofthis

City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any ordinance insofar as they are substantially the same
violation thereof
as

ordinance

provisions of this provisions previously adopted

as

The

by

the

City relating
and

to

the

same

subject matter

shall be construed

restatements

and

continuations

not as new enactments

SECTION 5

PENALTY

provision
punished

may otherwise be expressly provided any person who violates any of this ordinance is guilty of a misdemeanor and shall upon conviction thereof be

Except

as

in the

manner

provided

in Section 370 01of the Anaheim 1

Municipal
a

Code

THE FOREGOING ORDINANCE

was

introduced at

regular meeting
on

of the of

City

Council of the

City

of Anaheim held
at
a

thereafter

passed

and

adopted

regular

the 3st day of July meeting of said City Council held

on

2007 and
the Zt1L

day

Gt pu
AYES

2007

by the following roll call

vote

Mayor Pringle Council Members Hernandez

NONE

Sidhu Galloway Kring

NOES

ABSENT ABSTAIN

NONE

NONE

CITY OF

EIM

By
MAYOR OF THE C
AHEIM

ATTEST

CITY CLE

OF THE

OF ANAHEIM

MGordon v2 58791

ODE PF

th and S

applyin ysician

rogram
e

issuan

possessi

AFFIDAVIT OF PUBLICATION
STATE OF

overnme

CALIFORNIA
SS

and aff y in rege

County
I cultivatiu

of Orange
a

series

ar

distribu

am a

citizen of the United States and

resident

ispensari

of the

County aforesaid
years and not
a

am

over

the age of

Dispen
onsegue ry of pee
ma

eighteen
the

party to

or

interested in

above entitled

matter

I am the
a

principal

disp

clerk of the Anaheim

dary effe
sive
ane

Bulletin

newspaper that

has been

adjudged by
the

to be a newspaper of

general
County

all be

cor

circulation
of

Superior

Court of the
on

ling

to th that the

Orange

State of

California

December 28

83 al 362

1951

Case No A 21021 in and for the of

City

of

Anaheim County
that the
vs

Orange

State of

California

notice

of which the annexed is a true

printed

copy has been

published

in each

regular

and entire issue of said newspaper and not in any

preclt with
in th

supplement
wit

thereof on the

following dates

to

August 16
on

2007

autho

and has

ain spas ie 1136

vailable t erein ant

certify or declare

under

the

penalty

of

perjury
that the

under the laws of the State of California

card

wl

foregoing
at

is true and correct

Executed
thy issue ounselin6 the patiei
5 11362

Santa

Ana

Orange

County

California on
Date

August 16 2007

or to

pa

iibited

bl
r

ease

ope

or wort

eliminate

Sign

he prose io ns appl ions the same

Anaheim Bulletin 625 N Grand Ave Santa

Ana

CA 92701

of

miss

714

796 2209

on

the

t4

t UHUINANC NO

bUb

AN ORDINANCE OF THE C MEDICAL MARIJUANA DISI

ANAHEIM ADDING CHAPTER 4 20 TO TITLE RIES Jifornia

OF THE

ANAHEIM MUNICIPAL CODE PROHIBITING

THE ESTABLISHMENT AND OPERATION OF

WHEREAS
Act of 1996

the People of the State the Act and

approved Proposition 215

which

was

codified

as

California Health and

Safety

Code

5 and entitled the 11362

Compassionate

Use

the Act prohibits the provisions of law making unlawful the possession or cultivation of marijuana from applying to a qualified patient or to a who possesses or cultivates marijuana for the personal medical useof the patient upon the recommendation of a physician and also prohibits the criminal of a physician for having recommended marijuana to a patient for medical purposes and

WHEREAS

patient primary caregiver s prosecution punishment

or

WHEREAS thereafter the Legislature of the State of California enacted Senate Bill 420 the Medical Marijuana codified as California Health and Safety Code 1136a7 Program seq which requires the State Department of Health Services to establish and maintain a voluntary program for the issuance of identification cards to qualified patients and primary caregivers and prohibits the arrest of a qualified patient or aprimary caregiver with a valid identification card for the possession transportation delivery or cultivation of medical mari juana and
et

WHEREAS

one

able distribution of

marijuana to all patients

purpose of the Act and the Medical Marijuana Program is t o encourage the federal and state governments to in medical need of marijuana and

implement

plan

to

provide

for the safe and afford

WHEREAS neither the federal nor the state government has implemented a specific plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana leaving cities with a lack of direction about how the Act is intended to be implemented particularly in regard to distribution of medical marijuana through dispensa ries and WHEREAS ries
nor

does it

the Medical Marijuana Program provides additional statutory guidance for medical marijuana and cultivation require that cities provide for or allow the establishment andor operation of medical marijuana dispensaries and
use

but it does not

explicitly

address the role of

dispensa

ces

WHEREAS notwithstanding the C841 and Section S Act 21 U WHEREAS

passage of the Act and the Medical Marijuana Program the 11359 of the California Health and Safety Code and

possession

sale and distribution of

marijuana

is

prohibited by giver

the Controlled Substan

with

an

California state law does not provide for the sale or distribution of marijuana by Medical Marijuana identification card as the terms are defined in Section 11362 7of the California Health and Safety Code and the Anaheim Municipal Code currently does not restrict the existence
or

Dispensaries

to

primary

care

qualified patient
and

or a

person

WHEREAS

operation

of Medical

Marijuara Dispensaries
a

in the

City

of

Anaheim

WHEREAS Medical Marijuana Dispensaries have been established in numerous locations in California and as consequence local agencies have reported negative secondary ef fects on the community which effects include illegal drug activity and drug sales in the vicinity of dispensaries robbery of persons leaving dispensaries driving under the influence of a controlled substance by persons who have obtained marijuana from a dispensary persons acquiring marijuana from a dispensary and then selling it to a non qualified person bur and glaries robberies and an increase in vacancies in the commercial areas in the vicinity of such businesses and WHEREAS the California Police Chiefs Association has complied City Council hereby finds that the report complete copy of which is dispensaries pose athreat to public health safety and welfare and
a

an on

extensive report detailing the negative secondary effects associated with medical marijuana dispensaries The file in the City Clerk s Office contains persuasive anecdotal and documented evidence that medical marijuana

WHEREAS California Health and Safety Code Section 11362 2 c 5 expressly provides that nothing in the Act shall engaging in conduct that endangers others nor to condone the diversion of marijuana for non medical purposes and

be construed to

supersede legislation prohibiting

persons from

WHEREAS The City Council hereby finds that because of the inconsistency between state and federal law relating to the possession sale and distribution and because of the documented threat to public health safety and welfare it is in the best interest of the citizens of the City of Anaheim that the City prohibit the establishment and operation of medical marijuana dispensaries within the City of Anaheim and
cle

WHEREAS XI Section 7

this ordinance is enacted pursuant to California Health and Safety Code Sections and 11362 83and the City spolice power 2 c 5 11362 of the California Constitution in order to promote the health safety and welfare of Anaheim residents THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS

as

granted broadly

under Arti

NOW THEREFORE

SECTION 1 20 That new Chapter 4 be and the CHAPTER 4 20

same

is

hereby

added to Title 4 of the Anaheim Municipal

Code

to read as

follows

MEDICAL MARIJUANA DISPENSARIES 20 4 010PURPOSE AND FINDINGS The City Council finds that federal and state laws prohibiting the possession sale and distribution of marijuana would preclude the opening of Medical Marijuana Dispensaries sane toned by the City of Anaheim and in order to serve public health safety and welfare of the residents and businesses within the City the declared purpose of this chapter is to prohibit Medical Marijuana Dispensaries as stated in this chapter 20 4 020 The DEFINITIONS terms and

following

phrases whenever
adocument

used in this

chapter

shall be construed

as

defined in this section

a

Identification Card is 010

issued

by

the State

Department

of Health Services which identifies

s person designated primary caregiver

person authorized to engage in the medical

use of

marijuana

and the

if any

020 Medical Marijuana is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a that the person health would benefit from the use of marijuana in the treatment of cancer anorexia AIDS chronic pain spasticity glaucoma arthritis s medical condition for which marijuana is deemed to provide relief as defined in subsection h of Health and Safety Code 7 11362 030 Medical Marijuana Dispensary or Dispensary is any facility or location where medical marijuana is made identification card or a primary caregiver Each of these terms is defined qualified patient person with 5and 11362 Safety Code Sections 11362 7 et seq as such sections may be amended from time to time
a an a

physician migraine

who has determined or any other serious

ing

Health and

available to andor distributed by or to three or more of the follow herein and shall be interpreted in strict accordance with California

040 Primary Care Giver is the individual designated by ing health or safety of that patient or person
an

qualified patient

or

by

person with

an

identification card who has

consistently

assumed

responsibility for

the hous

050 Physician is individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care treatment diagnosis counseling or referral of a patient and who has conducted a medi cal examination of that patient before recording in the patient medical record the physician assessment of whether the patient has a serious medical condition and whether the med s s ical use of marijuana is appropriate 060 the State Qualified Patient is aperson who is entitled to the of Health Services

protections

of California Health and

Safety

Code Section

Department

but 5 11362

who does

not

have

an

identification card issued by

20 MEDICAL MARIJUANA DISPENSARY PROHIBITED 4 030 It shall be unlawful for any person or entity to own manage conduct or operate any Medical Marijuana any other manner or capacity in any Medical Marijuana Dispensary in the City of Anaheim FEDERAL LAW

Dispensary

or to

or in

participate

as

an

employee

contractor

agent

or

volunteer

20 USE OR ACTIVITY PROHIBITED BY STATE OR 4 040

Nothing

contained in this

chapter

shall be deemed to

permit

or authorize

any

use or

activity

which is otherwise

prohibited by

federal law any state or

SECTION 2 Any Medical

EXISTING NONCONFORMING USES Marijuana Dispensary existing within the City of Anaheim

on

the effective date of this ordinance shall

cease

operations

forthwith

SECTION 3 SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section paragraph sentence phrase term or word of this ordinance be declared for any reason to be inva I lid it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared in valid SECTION 4 SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof The provisions of this or dinance insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter shall be construed as restatements and continuations and not as new enactments SECTION 5 PENALTY may otherwise be expressly provided any person who violates any 01 of the Anaheim Municipal Code 1 pro in 370

Except
ed in the

as

provision

of this ordinance is

guilty of

misdemeanor and

shall

upon conviction

thereof passed

be

punish adopt

manner

THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held ed at a regular meeting of said City Council held on the 7th day of August 2007 by the following roll call vote AYES Mayor Pringle Council Members Hemandez Sidhu Galloway NOES NONE ABSENT NONE ABSTAIN NONE CITY OF ANAHEIM s Curt rt MAYOR M THE CITY OF ANAHEIM ATTEST s Linda Nguyen CITY CLERK OF THE CITY OF ANAHEIM

on

the 17th

day

of

July 2007

and thereafter

and

Kring

E TH