2011-93 Medical Marijuana Prohibition ORDINANCE NO. 2011-93
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
MAKING FINDINGS AND ADDING CHAPTER 5.50 TO THE
MENIFEE MUNICIPAL CODE PROHIBITING
MEDICAL MARIJUANA DISPENSARIES
The City Council of the City of Menifee does ordain as follows:
Section 1. Findings
The City Council finds as follows:
A. In 1996, the voters of the State of California adopted Proposition 215, the
Compassionate Use Act(Health&Safety Code Section 11362.5) which provides for the
medical use of marijuana; and
B. In 2003 the Legislature passed the "Medical Marijuana Program Act" (Health & Safety
Code 11362.5 et seq) which established a voluntary system for qualified patients and
their caregivers to obtain identification cards to insulate them from arrest for violations of
California law relating to medical marijuana use, and the Attorney General issues
guidelines as well regarding collectives and cooperatives; and
C. On June 6, 2005, the Supreme Court issued its decision in Gonzales v. Raich (2005)
545 US 1, holding that Congress, under the Commerce Clause of the United States
Constitution, has the authority and, under the Federal Controlled Substances Act (21
USC Section 841), power to prohibit local cultivation and use of marijuana even though
it would be in compliance with California law; and
D. Several California courts appellate courts have upheld a temporary ban on medical
marijuana dispensaries which created a documented threat to public health and safety
as regulated under a city's police power (Claremont v. Kruse (2009) 177 Cal. App 4th
1153 which follows Corona v. Naulls (2008) 166 Cal. App. 4th 418); and
E. A number of surrounding cities have banned such dispensaries, including the County of
Riverside, Wildomar, Temecula, Murrieta, Perris and Lake Elsinore; and
F. On June 16, 2009, as extended on July 21, 2009 and June 15, 2010, the City Council
adopted an interim urgency ban on the location of medical marijuana dispensaries within
the City, all of which ordinances were adopted prior to January 1, 2011; and
G. The City has received a number of inquiries regarding establishing medical marijuana
dispensaries (including as storefronts) as well as collective or cooperatives but has no
pending applications for such dispensaries;
H. The City has studied the primary and secondary impacts of such uses over the previous
two year period; and
I. City staff has reviewed the White Paper on Marijuana Dispensaries promulgated by the
California Police Chief's Association documenting the potential adverse secondary
Ordinance No. 2011-93
Prohibition of Medical Marijuana Dispensaries
effects from dispensaries as destructive social problems, including, but not limited to an
increase in ancillary crimes such as armed robberies, burglaries, drug dealing and
murders, poisonings, the exposure of children to marijuana, the loss of trade for
surrounding businesses, the deterioration of neighborhoods, the involvement of
organized crime in the ownership and operation of dispensaries as well as an increase
in loitering, traffic congestion, parking problems, noise and firearm violations and income
tax evasion, which White Paper is included in the record of this public hearing; and
J. The neighboring City of Lake Elsinore has also reported the negative consequences of
such facilities, which are supported by information from the Riverside County Sheriff's
office; and
K. Based upon that research conducted by the City and/or by other cities, medical
marijuana dispensaries pose a current and immediate threat to the public health, safety
and welfare from both primary and secondary impacts as described herein; and
L. The provisions of AB 2650 and Health&Safety Code section 11362.768 subdivisions(f)
and (g) provide restrictions on location of such facilities within 600 feet of schools (as
defined therein), but also provide that local agencies may adopt stricter ordinances
regarding the location of such facilities and that local ordinances adopted prior to
January 1, 2011 are not preempted; and
M. On April 26, 2011,the Planning Commission conducted a duly noticed public hearing at
which all those wishing to be heard were allowed to testify and after discussion
recommends to the City Council the adoption of this ordinance; and
N. On May 17. 2011, the City Council conducted a duly noticed public hearing at which all
those wishing to be heard were allowed to testify and after discussion the City Council
approved first reading of the ordinance.
Section 2. Chapter 5.50 is added to the Menifee Municipal Code to read as follows:
Section 5.50.010 - Definitions
Section 5.50.020 - Prohibition
5.50.010. Definitions. "Medical Marijuana Dispensary"or"Dispensary"means any facility or
location,whether fixed or mobile,where medical marijuana is made available to or distributed by or
distributed to one (1) or more of the following: a primary caregiver, a qualified patient, or a patient
with an identification card.All three of these terms are identified in strict accordance with California
Health and Safety Code section 11362.5 et seq. A medical marijuana dispensary shall not include
the following uses, as long as the location of such uses is otherwise regulated by this Code or
applicable law:A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
A healthcare facility licensed pursuant to Chapter 2 of Divisions 2 of the Health and Safety Code;A
facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; A residential
care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of
Division 2 of the Health and Safety Code;A residential care facility for the elderly licensed pursuant
to Chapter 3.2 of Division 2 of the Health and Safety Code;A residential hospice, or a home health
agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such
use complies strictly with applicable law, including but not limited to, Health and Safety Code
section 11362.5 et seq.
2
Ordinance No. 2011-93
Prohibition of Medical Marijuana Dispensaries
5.50.020. Prohibition. A medical marijuana dispensary as defined in Section 5.50.010 is
prohibited within the City. No permit of any kind, including but not limited to a conditional use permit,
a building permit or business license, shall be issued to any person or entity seeking to establish
such a dispensary. Notwithstanding, this Chapter shall in no way limit the right to possess, use or
cultivate marijuana for medicinal purposes as authorized by the laws of the State of California as set
forth in the Health and Safety Code, as those may be amended from time to time.
Section 3. This ordinance shall take effect 30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED this 7th day of June, 2011.
Wallkee W.YEdgertoQ,Mayor
Attest:
Kathy Bennett, City Clerk
Approved as to form:
aren Feld, City Attorney
3
i