File #: ORD 15-010    Name: Consider Adoption of Interim Ordinance Medical Marijuana
Type: Ordinance Status: Passed
File created: 6/30/2015 In control: Board of Supervisors
On agenda: 7/7/2015 Final action: 7/7/2015
Title: a. Consider the adoption of a 45-day interim ordinance as an urgency measure pursuant to Government Code Section 65858 to prohibit, on a temporary basis, the establishment of new medical marijuana dispensaries and collective or cooperative cultivation of medical marijuana in the unincorporated area of the County, pending the County's study and consideration of regulations (4/5th vote required); and b. Set a public hearing for July 28, 2015 at 1:30 p.m. for the Board of Supervisors' consideration of extension of the interim ordinance. (Medical Marijuana Interim Urgency Ordinance - REF150047; Statutorily exempt under CEQA)
Sponsors: Planning / RMA
Attachments: 1. Board Report, 2. Attachment A-Draft Medical Marijuana Interim Ordinance, 3. Completed Board Order & Ordinance 5254, 4. Revised Board Order
Related files: ORD 15-011
Title
a. Consider the adoption of a 45-day interim ordinance as an urgency measure pursuant to Government Code Section 65858 to prohibit, on a temporary basis, the establishment of new medical marijuana dispensaries and collective or cooperative cultivation of medical marijuana in the unincorporated area of the County, pending the County's study and consideration of regulations (4/5th vote required); and
b. Set a public hearing for July 28, 2015 at 1:30 p.m. for the Board of Supervisors' consideration of extension of the interim ordinance.
(Medical Marijuana Interim Urgency Ordinance - REF150047; Statutorily exempt under CEQA)

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:

a. Adopt a 45-day interim ordinance (attachment A) as an urgency measure pursuant to Government Code Section 65858 to prohibit, on a temporary basis, the establishment of new medical marijuana dispensaries and collective or cooperative cultivation of medical marijuana in the unincorporated area of the County, pending the County's study and consideration of regulations (4/5th vote required); and

b. Set a public hearing for July 28, 2015 at 1:30 p.m. for the Board of Supervisors' consideration of extension of the interim ordinance.

SUMMARY:
Staff recommends the temporary ban to enable the County to study and develop suitable land use regulations to appropriately address the potential public safety, environmental, and other impacts from unregulated medical marijuana dispensaries and large scale cultivation of medical marijuana. Under the ordinance, the use of real property for the collective or cooperative cultivation of marijuana for medical purposes or for medical marijuana dispensaries would be prohibited. (See Section 4 of the ordinance.)

The ordinance contains exemptions. The cultivation of a limited number of marijuana plants for personal use by a qualified patient, a patient with an identification card, or primary caregiver within t...

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