The city council adopts this Chapter
5.23, Section
21.03.110 of this code and the definition for "marijuana dispensary" set forth under Section
21.01.020(C) of this code based on the testimony, reports and/or other supporting materials presented to the city council during the first and/or second reading of the ordinance adopting those provisions. The city council also makes the following findings in support of its decision to adopt this Chapter
5.23, Section
21.03.110 of this code and the definition for "marijuana dispensary" set forth under Section
21.01.020(C).
(a) The
voters of the state of California approved Proposition 215 (codified
as
Health and Safety Code Section 11362.5 et seq., and entitled "The
Compassionate Use Act of 1996").
(b) The
intent of Proposition 215 was to enable persons who are in need of
marijuana for medical purposes to be able to obtain and use marijuana
without fear of state criminal prosecution under limited, specified
circumstances.
(c) The
California legislature enacted S.B. 420 in the year 2004 in an effort
to clarify the scope of the Compassionate Use Act of 1996 and to assist
cities and other governing bodies in the adopting and enforcement
of rules and regulations consistent with S.B. 420.
(d) Neither
Proposition 215 nor S.B. 420 expressly authorize "medical marijuana
dispensaries" as defined under this chapter.
(e) The
Federal Controlled Substances Act, 21 U.S.C. Section 841, makes it
unlawful to manufacture, distribute, dispense or possess marijuana.
(f) The
United States Supreme Court in Gonzales v. Raich (2005)
125 S. Ct. 2195, ruled that the Controlled Substances Act applies
even in states such as California which have medical marijuana laws.
In March of 2007, the Ninth Circuit Court of appeals, in revisiting
the Raich matter on remand from the United States Supreme Court's
2005 decision, found that the use of medical marijuana was not a fundamental
right protected under the Fifth and Ninth Amendments of the United
States Constitution.
(g) Accordingly,
marijuana dispensaries are illegal under federal law.
(h) The
illegality of marijuana dispensaries under federal law notwithstanding,
such operations also generate serious negative secondary impacts which
unduly burden the communities in which they are located; threaten
public peace; and otherwise undermine efforts to safeguard the health,
safety and welfare of the public at large. These negative secondary
impacts outweigh whatever medical benefits may reasonably be attributed
to the use of marijuana by Glendora residents: (1) who are legitimately
prescribed marijuana under legitimate circumstances by bona fide physicians;
and (2) who might actually patronize such an establishments.
(i) The
negative secondary impacts referenced above include burglaries, robberies,
violence, increased vandalism, illegal sales of marijuana to, and
use of marijuana by, minors and other persons without medical need
in the areas immediately surrounding such marijuana dispensaries.
(j) The
voters of the state of California approved Proposition 64 allowing
the personal use of marijuana and marijuana products by persons over
the age of twenty-one (codified as amendments, repeals and additions
to section of the state of California
Business and Professions Code,
Food and Agriculture Code,
Health and Safety Code,
Labor Code, Revenue
and Taxation Code and
Water Code. Section and entitled "The Adult
Use of Marijuana Act").
(Ord. 1903 § 1, 2008; Ord. 2014 § 3, 2017)
(a) No
person(s) may operate a marijuana dispensary or cultivate, manufacture,
process, distribute, store, exchange, deliver, make available or give
away marijuana or marijuana-infused products to any person, qualified
patient, or primary caregiver of qualified patients pursuant to Health
and Safety Code Section 11362.5 within the city of Glendora.
(b) Any
person who owns or manages real property located within the city of
Glendora shall not allow such property to be used for the operation
of a marijuana dispensary or the cultivation of marijuana.
(c) No
person(s) may be issued a business license or business permit to operate
a marijuana dispensary or to cultivate, manufacture, or process marijuana
or marijuana-infused products within the city of Glendora.
(Ord. 1903 § 1, 2008; Ord. 2004 § 3, 2016)
Any person who violates any provision of this chapter shall
be guilty of a separate offense for each and every day during any
portion of which any such person commits, continues, permits, or causes
a violation thereof, and shall be penalized accordingly.
(Ord. 1903 § 1, 2008)
The violation of any provision of this chapter or Section
21.03.110 of this code shall constitute, and is declared to be, a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a civil cause of action for interim injunctive relief.
(Ord. 1903 § 1, 2008)
Any person who violates of any provision of this chapter or Section
21.03.110 of this code is guilty of a misdemeanor.
(Ord. 1903 § 1, 2008)