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File #: ORD 16-007    Name: Medical Marijuana Ordinance
Type: Ordinance Status: Passed
File created: 2/19/2016 In control: Board of Supervisors.
On agenda: 2/26/2016 Final action: 2/26/2016
Title: Public Hearing to: Consider the adoption of an interim ordinance to amend Interim Ordinance No. 5254 to expand the ordinance exemptions and to extend Interim Ordinance No. 5254 as amended for one year, until and through February 26, 2017, as an urgency measure pursuant to Government Code Section 65858 to prohibit, on a temporary basis, the establishment of new medical marijuana dispensaries and the collective or cooperative cultivation of medical marijuana in the unincorporated area of Monterey County, pending the County's further study and consideration of regulations (4/5th vote required). (Medical Marijuana Interim Ordinance - REF150047)
Attachments: 1. Board Report, 2. Attachment A - Interim Ordinance.pdf, 3. Attachment B - Interim Ordinance Showing Amend to Interim Ord. 5254.pdf, 4. Attachment C - Revisions to Proposed Changes Since Feb. 16, 2016 Report.pdf, 5. Attachment D - Correspondence.pdf, 6. Completed Board Order & Ordinance
Title
Public Hearing to:
Consider the adoption of an interim ordinance to amend Interim Ordinance No. 5254 to expand the ordinance exemptions and to extend Interim Ordinance No. 5254 as amended for one year, until and through February 26, 2017, as an urgency measure pursuant to Government Code Section 65858 to prohibit, on a temporary basis, the establishment of new medical marijuana dispensaries and the collective or cooperative cultivation of medical marijuana in the unincorporated area of Monterey County, pending the County's further study and consideration of regulations (4/5th vote required).
(Medical Marijuana Interim Ordinance - REF150047)

Body
RECOMMENDATION:
It is recommended that the Board of Supervisors either:
1) Adopt an interim ordinance (Attachment A) to amend Interim Ordinance No. 5254 to expand the ordinance exemptions and to extend Interim Ordinance No. 5254 for one year, until and through February 26, 2017, as an urgency measure pursuant to Government Code Section 65858 to prohibit, on a temporary basis, the establishment of new medical marijuana dispensaries and the collective or cooperative cultivation of medical marijuana in the unincorporated area of Monterey County, pending the County's further study and consideration of regulations; or
2) Continue the public hearing to June 28, 2016 to consider a one-year extension of Interim Ordinance No. 5254 as extended by Interim Ordinance No. 5256 and to consider expanding the exemptions at that time.

SUMMARY:
Under Government Code Section 65858, the County may adopt as an urgency measure an interim ordinance that prohibits any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the County is considering, studying, or intends to study within a reasonable timeframe, in order to protect the public safety, health, and welfare of its citizens. On July 7, 2015, the County adopted Interim Ordinance No. 5254 established a temporary prohibit...

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