16-1439 Allowing Medical Marijuana Dispensaries & Treatment Facilities

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WHEREAS, other attributes of land uses dealing with medical marijuana and non - medical/recreational marijuana, such as odors, must be regulated to minimize their impact on surrounding properties and uses and prevent the creation of attractive nuisances; and WHEREAS, in 1996, California became the first state to legalize the use of medical marijuana, and several other states subsequently enacted laws legalizing medical marijuana in various circumstances; and WHEREAS, the California Police Chiefs Association developed a Task Force on Medical Marijuana Dispensaries, which prepared the "White Paper on Marijuana Dispensaries" ( "White Paper "), published in 2009; and WHEREAS, the White Paper examined the direct and indirect adverse impacts of marijuana dispensaries in local communities and indicated that marijuana dispensaries may attract or cause ancillary crimes, and may cause adverse effects, such as marijuana smoking in public, the sale of other illegal drugs at dispensaries, loitering and nuisances, and increased traffic near dispensaries; and WHEREAS, the White Paper further indicates that marijuana dispensing businesses in a community may contribute to the existence of a secondary market for illegal, street -level distribution of marijuana; and WHEREAS, the White Paper outlines the following typical complaints received from individuals regarding certain marijuana dispensary areas: high levels of traffic going to and from the dispensaries, people loitering in the parking lot of the dispensaries, people smoking marijuana in the parking lot of the dispensaries, vandalism near dispensaries, threats made by dispensary employees to employees of other businesses, and citizens worried that they may become crime victims due to their proximity to dispensaries; and WHEREAS, the White Paper found that many medical marijuana dispensary owners had histories of drug and violence - related arrests, that records or lack of records showed that some owners were not properly reporting income generated from the sales of marijuana, that some medical marijuana businesses were selling to individuals without serious medical conditions, and that the California law had no guidelines on the marijuana which could be sold to an individual; and WHEREAS, the White Paper ultimately concludes there are many adverse secondary effects created by medical marijuana dispensaries in communities; and Ordinance 16 -1439 Page 3 of 12