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)