For City Council Meeting [July 12, 2016]
TO: Honorable Mayor and City Council
APPROVAL: Michael Story, City Administrator
FROM: Robb Steel, Asst. CA/Development Services Director
Title
Request City Council to Set a Public Hearing for July 26, 2016, to consider an Ordinance Implementing Development Code Amendment No. 16-0, a Resolution Making Certain Findings and Approving 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
BACKGROUND
Applicant
The Applicant is the City of Rialto, 150 South Palm Avenue, Rialto, CA 92376.
Location
Citywide
History
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 (m...
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