Medical Marijuana - Pasadena Ban Ordinance

Introduced by Councilmember

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ORDINANCE NO.

7 018

AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 17 OF THE PASADENA MUNICIPAL CODE TO ADD A DEFINITION FOR "MEDICAL MARIJUANA DISPENSARY" AND PROHIBITING SUCH USE WHEREAS in 1996 the State of California passed the "Compassionate Use of Marijuana Law" which allows for the use of marijuana for medical purposes ; and WHEREAS the Federal Government through its Controlled Substances Act, prohibits the use and distribution of marijuana; 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 Zoning Administrator for the City of Pasadena has rendered an interpretation of the Zoning Code that a medical marijuana dispensary would be a prohibited use in the City of Pasadena ; and WHEREAS the Zoning Code should be amended to reflect that a medical marijuana dispensary is a prohibited use in the City of Pasadena . NOW THEREFORE the people of the City of Pasadena ordain as follows: SECTION 1 . Section 17 .80 .020M entitled. "Definitions, M." is amended by adding the following: "Medical Marijuana Dispensary (land use). A facility or location which provides, makes available or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card issued in accordance with California Health and Safety Code Sections 11362 .5, et seq. This use is prohibited in the City of Pasadena."

SECTION 2. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published in full text .

SECTION 3. This ordinance shall take effect 30 days from its publication. Signed and approved this 12 t h

day of September

, 2005 .

Bill Bogaard Mayor of the City of Pasadena I HEREBY CERTIFY that the foregoing ordinance ; was adopted by the City Council of the City of Pasadena at its meeting held L 2 th day of Ej ,n r emhP r 2005, by the following vote: AYES : NOES :

Councilmembers Gordo, Holden, Little, Streator, Tyler, Mayor Bogaard None

ABSENT

Councilmember Haderlein,

Vice Mayor Madison

ABSTAIN : None

Date Published: September 15, 2005 Pasadena Journal

Z~iane L. Rodriquez, CM~ City Clerk

Approved as to forml~

Fr L. Rhemrev A sistant City Attorney

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Ordinance Fact Sheet

TO:

CITY COUNCIL

DATE : AUGUST 22, 2005

FROM :

CITY ATTORNEY

SUBJECT:

AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 17 OF THE PASADENA MUNICIPAL CODE TO ADD A DEFINITION FOR "MEDICAL MARIJUANA DISPENSARY" AND PROHIBITING SUCH USE

TITLE OF THE PROPOSED ORDINANCE : AN ORDINANCE OF THE CITY OF PASADENA AMENDING THE TITLE 17 OF THE PASADENA MUNICIPAL CODE TO ADD A DEFINITION FOR "MEDICAL MARIJUANA DISPENSARY" AND PROHIBITING SUCH USE PURPOSE OF ORDINANCE: This proposed ordinance will add a definition for "medical marijuana dispensary" to Title 17 (zoning code) and prohibit such use . Since the term "medical marijuana dispensary" was previously undefined, the effect of adding such a definition and prohibiting such use would make it clear that a medical marijuana dispensary is a prohibited use in the City of Pasadena . On July 18, 2005, the City Council directed preparation of this ordinance. REASON WHY LEGISLATON IS NEEDED : The Zoning Code of the City of Pasadena (Title 17) was established by ordinance and can only be amended by an ordinance of the City Council. FISCAL IMPLICATIONS : There are no fiscal implications

MEETING OF

8/22/2005

AGENDA ITEM NO .

9 .A .1 .

CITY COUNCIL

PAGE 2

August 22, 2005

ENVIRONMENTAL IMPACT: The Environmental Administrator has determined that this amendment to the zoning code does not have a significant effect on the environment and is therefore exempt under CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines . R,pspectfully submitted, 161 6 k' MICHELE BEAL BAGNERIS City Attorney Prepared y:

Concurrence:

F K RHEMREV As stant City Attorney

NTHIA J. City Manag

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THE PASADENA JOURNAL NEWS 1541 N. Lake Avenue Pasadena, CA 91104

This space is for Clerk's filing Stamp

(626) 798-3972

PROOF OF PUBLICATION (2025.5 C.C .P.)

STATE OF CALIFORNIA County of Los Angeles

Proof of Publication of: ORDINANCE NO. 7018

1 am a citizen of the United States and a resident

of the County of aforesaid. I am the Principal clerk of the printer of the Pasadena Journal, a newspaper of general circulation, printed and published weekly in the City of Pasadena, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of April 16, 1991, Case Number CO 13336, that

SEE ATTACHED

the notice of which is annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dated to-wit September 15 in the year 2005 . 1 certify and declare under penalty perjury that the foregoing is true and correct

Dated at Pasadena, California, this 15th day of September, 2005 .

J'A',

hi

.",

Signature

Amber Hudson

PROOF OF PUBLICATION

Introduced by Councilmember Little

ORDINANCE NO . 7018 AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 17 OF THE PASADENA MUNICIPAL CODE TO ADD A DEFINITION FOR "MEDICAL MARIJUANA DISPENSARY" AND PROHIBITING SUCH USE WHEREAS in 1996 the State of California passed the "Compassionate Use of Marijuana Law" which allows for the use of marijuana for medical purposes ; and WHEREAS the Federal Government through its Controlled Substances Act,

prohibits the use and distribution of marijuana ; and

WHEREAS the United States Supreme Court in Gonzales vRaich 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 Zoning Administrator for the City of Pasadena has rendered an interpretation of the Zoning Code that a medical marijuana dispensary would be a prohibited use in the City of Pasadena ; and WHEREAS the Zoning Code should be amended to reflect that a medical marijuana dispensary is a prohibited use in the City of Pasadena .

NOW THEREFORE the people of the City of Pasadena ordain as follows : SECTION 1 . Section 17 .80 .020M entitled, "Definitions, M ." is amended by adding the following : "Medical Marijuana Dispensary (land use) . A facility or location which provides, makes available or distributes medical marijuana to a primarycaregiver, a quali9ed patient, or a'person with an identification card issued in accordance with California Health and Safety Code Sections 11362.5, et seq. This use is prohibited in the City of Pasadena ." SECTION 2. The CityClerk shall certify the adoption ofthis ordinance and shall cause this ordinance to be published in full text .

SECTION 3. This ordinance shall take effect 30 days from its publication . Signed and approved this 12th day of September, 2005 . Bill Bogaard Mayor of the City of Pasadena

I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of the City of Pasadena at its meeting held this 12th day of September, 2005, by the following vote: AYES : NOES : ABSENT : ABSTAIN :

Councilmembers Gordo, Holden, Little, Streator, Tyler, Mayor Bogaard None Councilmember Haderlein, Vice Mayor Madison None Jane L. Rodriguez, CMC City Clerk

Date Published: September 15, 2005 Pasadena Journal