For the Planning Commission Meeting of April 30, 2016
TO: Honorable Chairman and Planning Commissioners
APPROVAL: Robb Steel, Asst.CA/Development Services Director
REVIEWED BY: Gina M. Gibson, Planning Manager
Title
Development Code Amendment No. 16-01: Approval of Resolution Making Certain Findings and Recommending that the City Council Approve Modifications to Titles 9 and 18 of the Rialto Municipal Code, Chapters 9.45 Mobile Marijuana Dispensaries and delivery and 18.112 Regulation of Medical Marijuana Dispensaries and Cultivation.
Body
APPLICANT
The Applicant is the City of Rialto, 150 South Palm Avenue, Rialto, CA 92376.
LOCATION
Citywide
BACKGROUND
Under the Federal Controlled Substance Act (CSA) marijuana manufacturing, cultivation, distribution, and possession are deemed unlawful and subject to federal prosecution without regard to a claimed medical need. Marijuana usage, classified as a Schedule 1 drug under the CSA, remains illegal under Federal law. Per the CSA, Schedule 1 drugs are deemed as having the highest potential for abuse, not currently accepted as medical treatment in the US, and lack accepted safety for use of substance even under medical supervision.
Nonetheless, in 1996, the voters of California approved by initiative "The Compassionate Use Act of 1996" ("CUA"). The purpose of the CUA was to allow seriously ill Californians to obtain and use medical marijuana under certain specified circumstances. In 2003, the Legislature approved the Medical Marijuana Program Act ("MMP"), which provided additional statutory guidance for those involved with medical marijuana use and authorized cities to enact rules and regulations with regard to medical marijuana consistent with California law.
The California legislature recently adopted legislation identified as the Medical Marijuana Regulation and Safety Act (AB 243, AB 266, and SB 643) ("MMRSA") to comprehensively regulate medical marijuana (medical cannabis). The MMRSA recogni...
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