HomeMy WebLinkAboutOrd No. 1102 - Medical Marijuana DispensariesCITY OF PALM DESERT
Community Services Division
Staff Report
REQUEST: REQUEST FOR CONSIDERATION OF ORDINANCE NO. 1102 ,
ADDING CHAPTER 25.112 TO TITLE 25 OF THE PALM DESERT
MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF
MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM
DESERT
SUBMITTED BY: Patricia Scully, CFEE, Senior Management Analyst
DATE: October 13, 2005
CONTENTS: 1. Ordinance No. 1102
2. Memorandum from Palm Desert Police Department Lt. Steve
Thetford
3. Minutes of Public Safety Commission Meeting of September 14,
2005
RECOMMENDATION:
Waive further reading and pass Ordinance No. 1102 to second reading, adding Chapter 25.112
to Title 25 of the Palm Desert Municipal Code to prohibit the establishment of medical
marijuana dispensaries in the City of Palm Desert.
EXECUTIVE SUMMARY:
Adoption of the proposed ordinance would prohibit the establishment of medical marijuana
dispensaries in the City of Palm Desert.
BACKGROUND:
Proposition 215 legalized marijuana for medical use when recommended, rather than
prescribed, by a licensed physician. Because the language of Proposition 215 conflicts with
current Federal regulations in this regard, it would be prudent for the City of Palm Desert to
enact an ordinance which specifically prohibits this type of licensing. Attached is Ordinance
No. 1102, which was presented to the Palm Desert Public Safety Commission at its meeting
of September 14, 2005 (Minutes of which are attached).
CITY COUNCIL STAFF REPORT
OCTOBER 13, 2005
RE: REQUEST FOR CONSIDERATION OF ORDINANCE NO.1102 , ADDING CHAPTER
25.112 TO TITLE 25 OF THE PALM DESERT MUNICIPAL CODE TO PROHIBIT THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF
PALM DESERT
The language and spirit of this ordinance are endorsed by both the Palm Desert Public Safety
Commission and the Palm Desert Police Department. Therefore, staff recommends that the
City Council waive further reading and pass Ordinance No. 1102 to second reading.
PATRICIA SCULLY, CFEE
SENIOR MANA<3EMENT ANALY
SHEILA R. GIL IGAN CARLOS L. ORT A
ACM/COMMUNITY SE ES CITY MANAGER
PS:mpg
2
ORDINANCE NO. 1102
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ADDING CHAPTER 25.112 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 or
cooperatives 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 the City Council of the City of Palm Desert concludes that federal law
prohibiting the distribution and use of marijuana precludes the opening of Medial
Marijuana Dispensaries within the City of Palm Desert;
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 25.112 is hereby added to Title 25 of the Palm Desert
Municipal Code to read as follows:
ORDINANCE NO. 1102
"Chapter 25.112
MEDICAL MARIJUANA DISPENSARIES
Sections:
25.112.010 Medical marijuana dispensaries defined.
25.112.020 Prohibited.
25.112.010 Medical marijuana dispensaries defined.
A. As used in this chapter, "medical marijuana dispensary" or "dispensary"
means any facility or location where medical marijuana is 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.
25.112.020 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 or federal 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.
ORDINANCE NO. 1102
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 day of ,
2005, by the City Council of the City of Palm Desert, California by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Buford A. Crites, Mayor
City of Palm Desert, California
ATTEST:
Rachelle D. Klassen, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
David J. Erwin, City Attorney
City of Palm Desert, California
•
REQUEST:
DATE:
CONTENTS:
SUBMITTED BY:
Recommendation:
PALM DESERT POLICE
DEPARTMENT
Served by the Riverside County Sheriffs Department
Bob Doyle; Sheriff - Coroner
Bob Doyle, Sheriff- Coroner
Informational Paper - Prohibition of Medical Marijuana Dispensaries
August 18, 2005
Draft Ordinance to Prohibit Medical Marijuana Dispensaries in the City of
Palm Desert.
Lieutenant Steve Thetford, ACOP Palm Desert Police Department
By Minute Motion, recommend that the Public Safety Commission recommend that the City
Council concur with the recommendation of the Palm Desert Police Department and the City
Attorney to adopt the draft city ordinance pertaining to the prohibition of establishment of
medical marijuana dispensaries in the City of Palm Desert.
Background:
Prop. 215 legalized marijuana for medical use when recommended, not prescribed, by a licensed
physician. The Initiative and subsequent Legislation (11362.5 H&S) have many unanswered
questions such as to how to enforce, how to determine if a subject has the medical right, what are
mature vs. immature marijuana plants, what does law enforcement do when someone claims
medical marijuana but does not have an ID card, how much can an individual possess for
personal use, how it will be dispensed and what quantity can a dispensary maintain. There is
also the issue of conflict between Federal and State law regarding this matter.
We have researched this issue with our county attorneys and they do not have the absolute
answer to these questions either. We have been advised that a subject has recently applied for a
business license in the unincorporated county area of Thousand Palms to open a Medical
Marijuana Dispensary. This creates several regulation and enforcement questions, as stated
above. One suggestion from one of our law firms was for us to get with our individual cities to
address the issue of Dispensary business licensing before we have a subject attempt to open one
here.
On August 5, 2005 I spoke with City Attorney David Erwin and Assistant City Manager Sheila
Gilligan to suggest that a City Ordinance be drafted to prohibit the licensing of Medical
Marijuana Dispensaries in the City of Palm Desert. Attached is the draft ordinance that was
prepared by the City Attorney for presentation to the City Council. The Palm Desert Police
Department supports this draft ordinance and we have presented this ordinance to the Palm
Desert Public Safety Commission for your review and recommend support to the City Council.
PRELIMINARY MINUTES
PUBLIC SAFETY COMMISSION
SEPTEMBER 14, 2005
E. Consideration of Draft Ordinance to Prohibit Medical Marijuana
Dispensaries in the City of Palm Desert
Lt. Thetford reviewed the staff report and draft ordinance, offering to
answer any questions.
Vice Chairman Lebel noted that the proposed section of the Municipal
Code made no mention of Federal law. He suggested that Section 3
be amended to read, "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 or federal legislation, such decision or
legislation shall not affect the validity of the remaining portions of this
Ordinance..."
Commissioner Butzbach moved to, by Minute Motion, recommend that the Palm
Desert City Council concurwith the recommendation of the Palm Desert Police Department
and the City Attorney to adopt an ordinance pertaining to prohibition of the establishment
of medical marijuana dispensaries in the City of Palm Desert, as amended by Vice
Chairman Lebel above. Motion was seconded by Vice Chairman Lebel and carried by a
3-0 vote, with Commissioners Kirkwood and Nethery ABSENT.
F. Request for Volunteer to Represent the Public Safety Commission on
the Palm Desert Youth Committee Sponsored Public Safety Day
Chairman Larsh volunteered to represent the Public Safety
Commission on the Palm Desert Youth Committee sponsored Public
Safety Day and said other members of the Commission might want
to help with the pancake breakfast or other areas.
Vice Chairman Lebel suggested that perhaps members of the
Citizens on Patrol (COPs) could help as well.
Commissioner Butzbach offered to help with the pancake breakfast
as needed.
G. Presentation by Deputy Rob Bishop Relative to Crime -Free
Multi -Housing (CFMH) Program
Lt. Thetford reviewed the staff report prepared by Deputy Bishop
relative to the CFMH Program and the free seminar conducted on
September 1, 2005.
9