227 ORDINANCE NO. 227
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE ADDING CHAPTER 9.28 OF THE
GRAND TERRACE MUNICIPAL CODE TO REGULATE
MEDICAL MARIJUANA DISPENSARIES WITHIN THE
CITY OF GRAND TERRACE.
WHEREAS, in 1996,the voters of the State of California approved proposition 215,which was
codified as Health and Safety Code Section 11362.5, et. seq., and entitled the Compassionate
Use Act of 1996 ("the Act"); and
WHEREAS,the intent of Proposition 215 was to enable persons who are in need of medical
marijuana for medical purposes to obtain and use it under limited, specified circumstances; and
WHEREAS, SB 420,which went,into effect on January 1, 2004,was enacted by the Legislature
to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and
regulations consistent with SB 420 and the Act; and
WHEREAS,the City of Grand Terrace Municipal Code, including the Grand Terrace Zoning
Code, does not regulate in any manner the existence or location of medical marijuana
dispensaries; and
r -
WHEREAS, after receiving inquiries from persons interested in establishing medical marijuana
dispensaries, numerous cities in the State of California have adopted ordinances prohibiting or
heavily regulating such dispensaries; and
WHEREAS, because a significant number of cities have prohibited or heavily regulated medical
marijuana dispensaries,there is a substantially increased likelihood that such establishments will
seek to locate in the City of Grand Terrace; and
WHEREAS, a medical marijuana dispensary was seeking to locate to the City of Grand Terrace;
and
WHEREAS, other California cities that have permitted the establishment of medical marijuana
dispensaries have witnessed an increase in crime, such as burglaries,robberies, and sales of
illegal drugs in the areas immediately surrounding such dispensaries; and
WHEREAS, in United States v. Oakland Cannabis Buyer's Cooperative, (2001) 532 US 483,
the United States Supreme Court addressed marijuana use in California and held that the Federal
Controlled Substances Act continues to prohibit marijuana use, distribution, and possession, and
that no medical necessity exception exists to these prohibitions. Further, according to the U.S.
Supreme court's decision in Gonzalez v. Raich(2005) 125 S. Ct. 2195, federal law presently
prohibits the use of medical marijuana; and
WHEREAS,the U.S. Supreme Court decision did not address the conflict between federal laws
` and California laws with respect to medical marijuana dispensaries.
NOW, THEREFORE, the City Council of Grand Terrace, California, does ordain as follows:
CHAPTER 1: Chapter 9.28 is added to Title 9 of the Grand Terrace Municipal Code entitled:
Medical Marijuana Dispensaries as follows:
9.28.010 Prohibition:
The City Council of the City of Grand Terrace finds and determines that:
Prohibition: Medical Marijuana Dispensaries are prohibited within all zoning
Districts within the City of Grand Terrace.
9.28.020. "Medical Marijuana Dispensary" or"Dispensary" shall mean any location,
structure, facility,vehicle utilized in full or in part, as a place at or in which medical marijuana is
made available, sold traded, exchanged or bartered for in any way with or without consideration,
made available, located, stored,placed, cultivated and/or distributed.
9.28.030. A"Medical Marijuana Dispensary" shall not include the following uses, as long
- as the locations of such uses are otherwise regulated by this Code or applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code,
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code,
3. 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,
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2
of Division 2 of the Health and Safety Code,
5. 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 any such use complies strictly
with applicable law including, but not limited to,Health and Safety Code Section 11362.5 et seq.
CHAPTER 2. EFFECTIVE DATE. This ordinance shall become effective thirty(30) days from
the date of its adoption.
CHAPTER 3. SEVERABILITY. If any provision of this ordinance or the application thereof to
_ any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this ordinance are declared to be severable.
ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 24th
day of April , 2007.
AYOR
City of Grand Terrace
ATTEST:
CITY CLERK
City of Grand Terrace
APPROVE AS TO FORM:
CITY ATT
City of Gra Trace
- I, Brenda Mesa, City Clerk of the City of Grand Terrace, California,hereby
certify that the foregoing ordinance was duly and regularly introduced at a meeting of the
City Council on the 27th of March ,2007, and that thereafter the said
ordinance was duly and regularly adopted at a meeting of the City Council on the
24th day of April ,2007,by the following vote,
Ayes: Councilmembers Miller and Buchanan and Mayor Ferre
Noes: None
Absent: Mayor Pro Tem Garcia and Councilmember Cortes
IN WITNESS WHEREOF, I have hereunto set my hand and official seal of
the City of Grand Terrace, California, this 24th day of April , 2007.
City Clerk of the City of Grand Terrace