DATE: June 23, 2009
TO: Board of Supervisors
SUBJECT: Prohibiting Medical Marijuana Dispensaries in the Unincorporated Area

SUMMARY:
Recently, the United States Supreme Court denied the County’s petition requesting the Court to consider the County’s lawsuit related to the conflict between federal and state law on the possession and use of marijuana for medical purposes. The sale and use of marijuana is illegal under Federal law for any purpose. However, marijuana use is allowed under State law when it is being used for certain medical purposes. Due to the Supreme Court’s denial of the petition, the County will be issuing medical marijuana ID cards beginning July 2009. The purpose of the State law relating to identification cards is to allow qualified patients to apply for and receive medical marijuana identification cards.

The for-profit sale of medical marijuana is illegal. In an effort to protect unincorporated neighborhoods from the serious negative impacts which medical marijuana dispensaries may cause, action is needed to make certain that the County's Zoning Ordinance is clear regarding their establishment. The proliferation of these dispensaries is a threat to public safety, public health, and community character. Today’s action will direct the Chief Administrative Officer to work with County Counsel to draft an ordinance for the Board’s approval prohibiting medical marijuana dispensaries from operating within the unincorporated area.

RECOMMENDATION:
Chairwoman Dianne Jacob, Supervisor Bill Horn, Sheriff William Kolender, and District Attorney Bonnie Dumanis:

Direct the Chief Administrative Officer to work with County Counsel to draft an ordinance amendment to the County's Zoning Ordinance prohibiting illegal medical marijuana dispensaries from operating within the unincorporated area of the County.

FISCAL IMPACT:
There is no fiscal impact associated with this action.

BACKGROUND:
Recently, the United States Supreme Court denied the County’s petition requesting the Court to consider the County’s lawsuit related to the conflict between federal and state law on the possession and use of marijuana for medical purposes. The sale and use of marijuana is illegal under Federal law for any purpose. However, marijuana use is allowed under State law when it is being used for certain medical purposes. Due to the Supreme Court’s denial of the petition, the County will be issuing medical marijuana ID cards beginning July 2009. The purpose of the State law relating to identification cards is to allow qualified patients to apply for and receive medical marijuana identification cards.

The for-profit sale of medical marijuana is illegal. In an effort to protect unincorporated neighborhoods from the serious negative impacts which medical marijuana dispensaries may cause, action is needed to make certain that the County's Zoning Ordinance is clear regarding their establishment. The proliferation of these dispensaries is a threat to public safety, public health, and community character. Today’s action will direct the Chief Administrative Officer to work with County Counsel to draft an ordinance for the Board’s approval prohibiting medical marijuana dispensaries from operating within the unincorporated area.

Respectfully submitted,

DIANNE JACOB
Chairwoman

BILL HORN
Supervisor, District 5

WILLIAM KOLENDER
Sheriff

BONNIE DUMANIS
District Attorney