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Home My WebLink AboutOrd. No. 1138 ORDINANCE 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 ar�d 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: RMB U S\DER W IN�2 84602.1 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. - 2 - RMBUS\DERW IN�284602.1 ORDINANCE NO. 1138 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 , 2007, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Richard S. Kelly, Mayor ATTEST: Rachelle D. Klassen, City Clerk City of Palm Desert, California APPROVED AS TO FORM: David J. Erwin, City Attorney City of Palm Desert - 3 - RMBUS\DERW IN�284602.1 pRDINANCE NO.113 a AN ORDINAN�CE OF THE CITY COUNCII.OF THE CITY OF PALM DESEIi CAi.IFORNIA,ADDING CHAPTER 25.115 TO � � TITLE 25 OF GTTY OF PALM DESERT MUNICIPAL CODE �'. `p�� TO PROHIB T TH�ESTABLLSHMENT OF MEDICAL �C' (�� ARINANA DIS NSAR�ES IN THE CITY OF PALM DESERT �� WgEREAS the people f the State of California have enacted Proposition 215, the Compassionate Use Act of 1996 odified ai Health and Safety Code Sectian 11362.5, et seq.,) ("the AcY'�to allow the merlical of marijuana for certain persons;and ��gF Ac �he p��t does n require or provide for the opening of businesses or cooperatives cvmmanly known as Medi a1 Marijuana.Dispensaries;and. WHEREAS notwithstanding passa e of the Act,the distribution and use of marijuana is prohi,bi#ed by the Controlled Substauces Act, 1 U.S.C. 3ection 841; aad WHEREAS the United St�tes Suprem Court in Gonzales v. Raich, confirmed that the Controlled Substances Act dves not contain a ` mpassionate use' exemptian and therefore it is a violation of Federal Law to possess or distribute ;juana even i�for medical purposes; and WAEREAS the City Council of the Ci�y f PaLn Desert concludes that federal law prohibiting the distribution and use af marijuana ludes the opening of Medical Mari}uana. Dispen.saries witbin the City of Palm Dese�t; NOW, THEREFORE, the City Counci� of the City of Palm Desert, California, does YleTeb�OI'C1R1II 8S fOAOW3: SECTION 1. The City Cuuncil of the City of Pa1m sert hereby finds and determines that it is the purpose and intent of this Ordinance to prohi 't Medical Marijuana. U�sPensaries and/or Cooperatives itn order to prom.ote the �ealth, safet3', orals, and genetal wel�are of the residents and businesses withi.a the CitY. SECTION 2. Chapter 25.115 is hereby added to Titic 2 of the Palm Desert Municipal Code to read.as follows: �us�cca�te�szas3a �Chapter 23.115 MEDIC MARINANA DISPENSARIES Sections: �-� 25.115.OI0 Medical mariju a dispensaries defined. s 25.115.0?A Prohi6ited. '� � C�� 25.115.010 Medical marljuans d�spe arles deflned. , A. As used in this chapter, " edicai mazijuana dispensary" or "dispensary" or "cooperatives" means any facility or locati n where medical rnarijuana. is mad.e available to and/or distiribui�ed l�y or to one or more of the ollvwing: a primary caregiver,a qualified patient, or a persun with an identification card, in accordazice with California Health and Safety Code 5ection 11362.5 et seq. B. A"medical mar�juana dispen.sat�' aXl nat include the foUowing uses, as long as the location of such uses are otherwise regulated tlus cade or applica.ble law: a clinic Iicensed pursuant to Chapter 1 of I}ivision?of the Health Safety Codg, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health Safety Cade, a residentisl care facility for persans with chronic life-threa�enin.g illness license pursuant to Chapter 3.01 of Division 2 of the Hea1th and Safety Code,a residentiai care facility r the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Heaith and Safety Code, a res endal hospice, or a h�me health agency licensed pursuant to Chapter S of Division 2 of the H th and Safety Code, as long as any such use complies strictly with applicable law including, but ot limit�d to, Health a.nd Safety Code Section 11362.5 et seq. 25.115.OZ0 Prodtbited. Medical manivana dispensaries at�d/or cooperatives prohibited in aU City zones, and no pernait shall be issued ther�efor." SE.CTION 3. If any secti�n, subsectian, s�nn.tence, twse phrase or word of this Ordinance is for any reason held to be inv2aid or unconstitutio by a dec�ision af any court of campctent�urisdiction or pme�mpted by state legislation, such cision or legislation shall nat a.ffect the validity o�the t�emaimiag portic�s of tbis O�rdinance. e City Council of the City of Palm Desert hereby declares th$t it wouid have passed this ce and each and every section, subsection, sentence, clause or pbrase not declared inval or unconstitutional without rega�rd to aA.y such decisiaa or preemptive legislation. -2- RMBU3�CCAMP061282863.1 SECTION 4. The MayoF shall sign this Ordinance and. the City Clerk shall cause the same to be published. within fifteen (15) days aft�r its passage at least once, in a newspaper of general circulation, published an circulated in the City of Palm Desert, Caiifornia. This Ordinance of the City of Palan D sert shall be effective thirty (30) c�ays a�ter the date of its passa�e. PASSED, APPROVED and OPTED this day of , , 2005,by the City Council of the City o alm Desert,California by the following vote,to wit: AYES: � NOES: `� ABSENT: � � � AB5TAIN: ` � �/ Ric Kelly,Mayor City of a�im Desert,Cal.ifornia ATTEST: Rachelle D.Klassen,City Clerk City of Palm Desert, Cal.ifornia APPROVED AS TO FORM: David J.Erwin,City Attomey City of Palm Desert -3 - x�aus�ccn�os��s63.i