File #: RES 16-006    Name: Medical Marijuana Ordinance
Type: BoS Resolution Status: Passed
File created: 2/10/2016 In control: Board of Supervisors
On agenda: 2/16/2016 Final action: 2/16/2016
Title: Consider adopting a Resolution to: Issue a report pursuant to Government Code section 65858 describing the measures taken to alleviate the condition which led to the adoption of Interim Ordinance No. 5254, as extended by Interim Ordinance No. 5256, temporarily prohibiting the establishment of new medical marijuana dispensaries and collective or cooperative cultivation of medical marijuana in the unincorporated area of Monterey County. (Medical Marijuana Interim Ordinance - REF150047)
Attachments: 1. Board Report, 2. Attachment A - Draft Resolution.pdf, 3. Supplemental Memo re Proposed Language, 4. Completed Board Order & Resolution
Title
Consider adopting a Resolution to:
Issue a report pursuant to Government Code section 65858 describing the measures taken to alleviate the condition which led to the adoption of Interim Ordinance No. 5254, as extended by Interim Ordinance No. 5256, temporarily prohibiting the establishment of new medical marijuana dispensaries and collective or cooperative cultivation of medical marijuana in the unincorporated area of Monterey County.
(Medical Marijuana Interim Ordinance - REF150047)

Body
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Adopt a Resolution issuing a report pursuant to Government Code section 65858, describing the measures taken to alleviate the condition which led to the adoption of Interim Ordinance No. 5254, as extended by Interim Ordinance No. 5256, temporarily prohibiting the establishment of new medical marijuana dispensaries and collective or cooperative cultivation of medical marijuana in the unincorporated area of the County.

SUMMARY:
On July 7, 2015, the Board of Supervisors adopted Interim Ordinance No. 5254 establishing a 45-day ban on the collective and cooperative cultivation of medical marijuana and medical marijuana dispensaries in the unincorporated areas, with some exceptions, while the County develops land use regulations to appropriately address the threat to the public health, safety, and welfare from these uses. On July 28, 2015, the Board of Supervisors issued a report and adopted Interim Ordinance No. 5256 extending the temporary ban on collective and cooperative cultivation of marijuana and medical marijuana dispensaries for an additional 10 months, 15 days, until and through July 5, 2016. Under the interim ordinance, the use of real property for the collective or cooperative cultivation of marijuana for medical purposes or for medical marijuana dispensaries is prohibited with few exceptions. (See Sections 4 and 5 of the ordinance.)

Pursuant to Government Code Section 65858, the Cou...

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