HomeMy WebLinkAboutORD No. 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 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 Medical 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
and/or Cooperatives 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:
RMBUS\CCAMPOS\282863. I
"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" or "dispensary" or
"cooperatives" 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.
25.115.020 Prohibited.
Medical marijuana dispensaries and/or cooperatives 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 day of
2005, by the City Council of the City of Palm Desert, California by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard Kelly, 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
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