Title
Proposed Text Amendments to the City of Alameda Medical Marijuana Dispensaries Ordinance (AMC Section 30-5.15): Recommend that the City Council adopt a proposed amendment to the Medical Marijuana Dispensaries Ordinance, to define and prohibit the commercial cultivation and distribution of medical marijuana in response to the recently adopted State of California Medical Marijuana Regulation and Safety Act. The proposed amendment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations.
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BACKGROUND
In 1996, California voters approved Proposition 215, or the Compassionate Use Act (CUA), which allows a qualified person to use and cultivate marijuana for medical purposes. California voters approved this initiative in order to exempt certain patients and their primary caregivers from criminal liability for possession and cultivation of marijuana. In 2003, the State Legislature enacted further regulations by passing Senate Bill 420, or the Medical Marijuana Program Act (MMP) to establish and maintain a program for voluntary registration of qualified patients and their primary caregivers through a statewide identification card.
In recent months, the State Legislature has adopted three pieces of legislation that seek to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana in California. AB 266, AB 243 and SB 643 comprise the Medical Marijuana Regulation and Safety Act. AB 266 establishes a dual licensing structure requiring a state license and a local license or permit for all marijuana businesses. AB243 establishes a regulatory and licensing structure for cultivation sites under the Department of Food and Agriculture. SB643 establishes criteria for licensing of medical marijuana businesses, regulates physicians, and recognizes local authority to levy taxes...
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