HomeMy WebLinkAboutOrd. No. 2006-1173
ORDINANCE NO. 1173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.69 TO
TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE TO
PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES IN THE CITY OF LAKE ELSINORE
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
and the State Legislature subsequently enacted the Medical Marijuana Program (codified
at Health & Safety Code Section 11362.7 et seq.) (collectively "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 which are defined as 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 the Act; 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 Lake Elsinore concludes that federal
law prohibiting the distribution and use of marijuana precludes the opening of Medical
Marijuana Dispensaries within the City of Lake Elsinore.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Lake Elsinore 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 17.69 is hereby added to Title 17 of the Lake Elsinore
Municipal Code to read as follows:
CITY COUNCIL ORDINANCE NO. 1173
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Chapter 17.69
MEDICAL MARIJUANA DISPENSARIES
Sections:
17.69.010
17.69.020
Medical marijuana dispensaries defined.
Prohibited.
17.69.010 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 Sections 11362.5 and 11362.7 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, California Health and Safety Code
Sections 11362.5 and 11362.7 et seq.
17.69.020 Prohibited.
Medical Marijuana Dispensaries are prohibited in all City zones, and no permit
shall be issued therefor.
17.69.030 No Conflict with State Law.
This Chapter 17.69 shall in no way limit the right to possess, use or cultivate
marijuana for medicinal purposes as is authorized by the laws of the State of California.
SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance and are hereby declared to be
severable.
CITY COUNCIL ORDINANCE NO. 1173
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SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th day of
February, 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
14th day of March, 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
CITY COUNCIL ORDINANCE NO. 1173
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ATTEST: