HomeMy WebLinkAboutORD 1138ORDINANCE NO. 1138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING CHAPTER 25.115 TO TITLE 25 OF
THE CITY OF PALM DESERT MUNICIPAL CODE TO PROHIBIT
THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
IN THE CITY OF PALM DESERT
WHEREAS, the people of the State of California have enacted Proposition 215, the
Compassionate Use Act of 1996 (codified at Health and Safety Code Section 11362.5, et seq.,)
("the Act") to allow the medical use of marijuana for certain persons; and
WHEREAS, the Act does not require or provide for the opening of businesses
commonly known as Medical Marijuana Dispensaries; and
WHEREAS, notwithstanding passage of the Act, the distribution and use of marijuana is
prohibited by the Controlled Substances Act, 21 U.S.C. Section 841; and
WHEREAS, the United States Supreme Court, in Gonzales v. Raich, confirmed that the
Controlled Substances Act does not contain a `compassionate use' exemption, and therefore, it is
a violation of Federal Law to possess or distribute marijuana even if for medical purposes; and
WHEREAS, under neither State nor Federal Law is the licensing and operation of a
medical marijuana dispensary authorized.
NOW, THEREFORE, the City Council of the City of Palm Desert, California, does
hereby ordain as follows:
SECTION 1. The City Council of the City of Palm Desert hereby finds and determines
that it is the purpose and intent of this Ordinance to prohibit Medical Marijuana Dispensaries in
order to promote the health, safety, morals, and general welfare of the residents and businesses
within the City.
SECTION 2. Chapter 25.115 is hereby added to Title 25 of the Palm Desert Municipal
Code to read as follows:
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ORDINANCE NO. 1138
"Chapter 25.115
MEDICAL MARIJUANA DISPENSARIES
Sections:
25.115.010 Medical marijuana dispensaries defined.
25.115.020 Prohibited.
25.115.010 Medical marijuana dispensaries defined.
A. As used in this chapter, "medical marijuana dispensary", as set forth in the
Compassionate Use Act, or "dispensary" means any facility or location where medical marijuana
is publicly made available to and/or distributed by or to one or more of the following: a primary
caregiver, a qualified patient, or a person with an identification card, in strict accordance with
California Health and Safety Code Section 11362.5 et seq.
B. A "medical marijuana dispensary" shall not include the following uses, as long as
the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed
pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed
pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for
persons with chronic life -threatening illness licensed pursuant to Chapter 3.01 of Division 2 of
the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter
3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency
licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such
use complies strictly with applicable law including, but not limited to, Health and Safety Code
Section 11362.5 et seq.
25.115.020 Prohibited.
Medical marijuana dispensaries are prohibited in all City zones, and no permit shall be
issued therefor."
SECTION 3. If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction or preempted by State legislation, such decision or legislation shall not
affect the validity of the remaining portions of this Ordinance. The City Council of the City of
Palm Desert hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to any such decision or preemptive legislation.
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SECTION 4. The Mayor shall sign this Ordinance and the City Clerk shall cause the
same to be published within fifteen (15) days after its passage at least once, in a newspaper of
general circulation, published and circulated in the City of Palm Desert, California. This
Ordinance of the City of Palm Desert shall be effective thirty (30) days after the date of its
passage.
PASSED, APPROVED and ADOPTED this 14th day of June, 2007, by the City
Council of the City of Palm Desert, California, by the following vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Rachelle 5-.Klass-en, CoClerk
City of Palm Desert, California
APPROV D A TO FORM:
David J. in, City Attorney
City of Palm Desert
11V
S. Kelly, Mayor
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