HomeMy WebLinkAbout12/3/2008 - STAFF REPORTS - 1.B. RESOLUTION NO. 7184
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL AMEND CERTAIN SECTIONS OF THE
PALM SPRINGS ZONING CODE TO ALLOW MEDICAL
MARIJUANA COOPERATIVES AND COLLECTIONS
SUBJECT TO CERTAIN DEVELOPMENT STANDARDS IN
THE M-1 AND M-2 ZONES, AND IN OTHER NOW
RESIDENTIAL ZONES SUBJECT TO APPROVAL OF A .
CONDITIONAL USE PERMIT.
WHEREAS, on October 1, 2008, the City Council voted unanimously to direct staff to
initiate a Zoning Ordinance Text Amendment (Case No. 5.1218) to consider the
establishment of standards and procedures for the establishment of medical marijuana
cooperatives and collectives, including a draft ordinance allowing such uses by right in
the M-1 and M-2 zones, subject to certain location standards; and
WHEREAS, on November 19, 2008, the Planning Commission conducted a duly
noticed public hearing on the proposed amendment, at which hearing the Commission
carefully reviewed and considered all of the evidence presented in connection with the
project, including but not limited to the staff report and all written and oral testimony
presented, and
WHEREAS, the Planning Commission has evaluated the potential environmental
impacts of the proposed Zoning Ordinance text amendment and determined that it is
Categorically Exempt under Section 15305 — Minor Alterations in Land Use Limitations
— of the Guidelines for the Implementation of the California Environmental Quality Act in
that the proposed amendment does not result in any significant increase land use
density.
THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS;
Section 1: The Planning Commission hereby finds that adoption of the proposed
Zoning Text Amendment would.-
a, Provide opportunities for residents and others to obtain medical marijuana as
allowed by the Compassionate Use Act of 1996,
b. Allow for the development and placement of medical marijuana cooperatives
and collectives in a manner that would provide adequate oversight of, and
protection for such uses and the surrounding neighborhood, and
c, Assure that medical marijuana collectives and cooperatives are located
sufficient distances from each other and from potentially sensitive land uses.
5-o4:PZ EL r---"J �
Planning Commission Resolution December,2008
5.1218-ZTA-Medical Marijuana Cooperatives and Collectives Page 2 of 2
1 p 9
Section 2: The adoption of the proposed Zone Text Amendment would be consistent
with the intent of the Zoning Ordinance and the City's General-Plan because it provides
for the establishment of medical marijuana cooperatives through reasonable standards
and regulation, and provides an opportunity for those seeking the benefits of medical
marijuana to do so in a safe and secure manner:
L U 1.4 .Encourage the expansion of existing facilities or the introduction of
new uses that are considered to be of significant importance and
contribute exceptional benefits to the City.
Section 3: Based upon the foregoing, the Planning Commission does hereby
recommend to the City Council amendment of the Palm Springs Zoning Code to
establish standards and regulations for medical marijuana cooperatives and collectives,
as described in the draft ordinance, attached hereto and made a part of this resolution
as Exhibit A, in which the use is allowed by right in the M-1 and M-2 zones; and also
recommends the following additional provisions:
1. That the use is allowed by right in the P (Professional) zone, and
2. That the use may be allowed subject to approval of a Conditional Use
Permit in other non-residential zones.
ADOPTED this 3`d day of December, 2008.
AYES: 6, Conrad, Cohen, Ringlein, Caffery, Scott and Donenfeld
NOES: None.
ABSENT: - None.
ABSTAIN: 1, Hochanadel
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
r ' A. win , AICP
Di r of a ing Services
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ZIF°R`'**P CITY COUNCIL STAFF REPORT
DATE: December 3, 2008 PUBLIC HEARING
SUBJECT: CASE NO. 5.1218 — ZONE TEXT AMENDMENT, AN APPLICATION BY
THE CITY OF PALM SPRINGS TO AMEND THE PALM SPRINGS
ZONING CODE RELATING TO THE LOCATION AND OPERATION OF
MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES.
FROM: David H. Ready, City Manager
VIA: Craig A. Ewing, AICP, Director of Planning Services
SUMMARY
On October 1, 2008, the City Council initiated a Zone Text Amendment to consider
standards and regulations for the establishment of medical marijuana cooperatives and
collectives. On November 12, 2008 the Planning Commission conducted a public
hearing, considered a draft ordinance and adopted a recommendation on the matter. A
public hearing has been noticed for this item.
RECOMMENDATION:
1. Open the public hearing and receive public testimony;
2. Waive the reading of the ordinance text in its entirety and read by title only; and
3. Introduce on first reading ordinance no. , "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS 91.00.10-B,
92.17.01-A, AND 92.17.1.01 OF, AND ADDING SUBSECTION N TO SECTION
92.17,03 AND SUBSECTION N TO SECTION 92.17.1.03 OF, THE PALM
SPRINGS ZONING CODE, RELATING TO MEDICAL CANNABIS
COOPERATIVES AND COLLECTIVES AS PERMIT-FED USES IN THE M-1
AND M-2 ZONES."
ANALYSIS:
In 1996, California voters approved Proposition 215, an initiate measure that exempted
qualified patients and their primary caregivers from criminal liability under state law for the
possession and cultivation of marijuana. Codified as Health and. Safety Code section
ITEM NO.—J�
City Council Staff Report December 3, 2008
Case No. 5.1218—ZTA— Medical Marijuana Page 2 of 6
11362,6 et seq. and entitled "The Compassionate Use Act of 1996" (the "Compassionate
Use Act"), the purpose of the initiative was to allow patients suffering from a number of
serious illnesses the opportunity to find relief through the use of doctor recommended
marijuana. (See the attached Commission staff report for additional background
information.)
Against a backdrop of opinions and judicial rulings since passage of the Proposition
216, the State Attorney General in August of 2008 adopted the "Guidelines for the
Security and Non-Diversion of Marijuana Grown for Medical Use" (A copy of the
Guidelines is attached to this Staff Report.) Pages 8 — 11 of the Guidelines set forth the
Attorney General's recommendations for the general regulation of medical marijuana
cooperatives and collectives.
On October 1, 2008, the City Council considered several options for the treatment of
medical marijuana cooperatives and collectives:
1. Adopt Medical Marijuana Cooperative / Collective regulatory permit
regulations (allow by Conditional Use Permit)
2. Allow collectives / cooperatives in certain zones subject to certain land use
standards (allow "by right" or with a land use permit).
3. Declare that Collectives and Cooperatives are not permitted in the City.
The Council initiated a zone text amendment including a draft ordinance which
implemented option 2 (above) for the M-1 and M-2 industrial zones, and directed the
matter to the Planning Commission for a hearing and recommendation.
On November 12, 2008, the Planning Commission conducted a public hearing and
considered the draft ordinance. The Commission adopted a recommendation that
included the Council's draft ordinance, but also included the following additional
provisions:
1. That the use be allowed by right in the P (Professional) zone, and
2. That the use be allowed subject to a Conditional Use Permit (CUP) in all
other non-residential zones.
A final Commission resolution will be adopted at their meeting of December 3, 2008 and
will be reported to the Council at its meeting.
Staff believes the P (Professional) zone deserves the Council's consideration since the
zone is generally developed with one- and two-story office buildings which often house
medical uses. However, staff has concerns regarding the broader recommendation
regarding CUP'S. If approved, the recommendation opens up substantially more of the
City Council Staff Report December 3, 2008
Case No 5.1218—ZTA—Medical Marijuana Page 3 of 6
City to medical marijuana establishments, subject to case-by-case review, including the
following additional zones:
C-B-D Central Business District H-C Highway Commercial
C-D-N Designed N'hood Shopping Center M-1-P Planned Research and Dev't
C-S-C Community Shopping Center E-1 Energy Industrial
C-1 Retail Business W Watercourse
C-1AA Large Scale Retail Commercial O Open Space
C-2 General Commercial A Airport
C-M Commercial Manufacturing CC Civic Center District
Opening the use to all non-residential zones provides more flexibility to future
applicants. However, staff remains uncertain over how inoffensive such collectives and
cooperatives will be to the neighborhood over the long run.' It is clear that from the both
the federal and state perspective, the City is addressing the distribution of an illegal
substance 2. The potential for loitering, burglaries, assaults and other problems should
not be dismissed. Consequently, staff is recommending that the City Council adopt its
initial draft ordinance limiting the use to M-1 and M-2 zones, by right, and consider the
Commission's recommendation regarding the P (Professional) zone. Staff is not
recommending the broader authorization suggested by the Commission.
Over time, the use may prove to be a benign activity with no adverse affects on the
neighborhood. If the Council allows the use in the M-1, M-2, and possibly the P zones
now, it may revisit allowing the use in commercial or other zones -via a CUP or by right
- at any time in the future.
ENVIRONMENTAL:
Staff has evaluated the potential environmental impacts of the proposed Zoning
Ordinance text amendment and determined that it is Categorically Exempt under
Section 15305 - Minor Alterations in Land Use Limitations - of the Guidelines for the
Implementation of the California Environmental Quality Act. The proposed amendment
to allow medical marijuana cooperatives and collectives does not increase land use
intensity in any significant way.
FISCAL IMPACT:
None.
'Staff notes that a CUP is not an easy undertaking. The fee is nearly $2000, notice would be
provided to all surrounding property owners, additional conditions may be imposed by the
Commission, and there is no certainty of a favorable outcome. When compared to a "by right"
status in the M-1 and M-2 (subject only to locational criteria) the CUP may not be a practical
option for a non-profit collective / cooperative.
2 When marijuana is distributed outside the provisions of the Compassionate Use Act of 1996, it
is a violation of California law.
Z�
City Council Staff Report December 3, 2008
Case No. 5.1218—ZTA-- Medical Marijuana Page 4 of 6
tg Wing, AICP, Tom& Wilso
Dir of Plannin - S rvices Assistant City Manager, Dev't Svcs
David H. Ready, �y
City Manager
Attachments:
1. Draft Ordinance — Zone Text Amendment — Establishment of Medical Marijuana
Cooperatives and Collectives in the M-1 and M-2 Zones
2. Planning Commission Resolution No. (draft)
3. Planning Commission Meeting Minutes, excerpt (draft November 12, 2008)
4. Planning Commission Staff Report (November 12, 2008)
Cat
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTIONS 91.00.10-B,
92.17.01-A, AND 92,17.1.01 OF, AND ADDING
SUBSECTION N TO SECTION 92.17.03 AND
SUBSECTION N TO SECTION 92.17.1.03 OF, THE PALM
SPRINGS ZONING CODE, RELATING TO MEDICAL
CANNABIS COOPERATIVES AND COLLECTIVES AS
PERMITTED USES IN THE M-1 AND M-2 ZONES
City Attorney Summary
This Ordinance establishes that medical cannabis
cooperatives and collectives that comply with the Guidelines
for the Security and Nan-Diversion of Marijuana Grown for
Medical Use issued by the Attorney General of the State of
California in August 2008 are permitted uses in the M-1
(service and manufacturing) and M-2 (manufacturing)
.Zones.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. Section 91.00.10 of the Palm Springs Zoning Code is amended to add
the following definition to subsection 8:
"Medical Cannabis Cooperative or Collective" means five or more
qualified patients and caregivers who collectively or cooperatively cultivate
and share physician-recommended cannabis or marijuana in a manner
strictly consistent with the Guidelines for the Security and Non-Diversion
of Marijuana Grown for Medical Use issued August 2008, by the Office of
the Attorney General for the State of California, as may be amended from
time to time, on file in the Office of the City Clerk.
SECTION 2. Section 92.17.01 of Chapter 92.00 of the Palm Springs Zoning Code is
amended to add the following to subsection A:
12. Medical Marijuana Cooperative or Collective, subject to the
property development standards contained in Section 97.17.03 of this
Code.
SECTION 3. Subsection N is added to Section 92.17.03 of the Palm Springs Municipal
Code to read:
N. Medical Cannabis Cooperative or Collective Special Standards.
No Medical Cannabis Cooperative or Collective shall be established, developed,
or operated within five hundred (500) feet of a school, public playground or park, or any
residential zone property, or within one thousand (1000) feet of any other Medical
Cannabis Cooperative or Collective.
G04030 1
1J L'
Resolution No. _
Page 2
SECTION 4. Section 92.17.1.01 of Chapter 92.00 of the Palm Springs Zoning Code is
hereby amended to add the following to sub-section A,
6. Medical Marijuana Cooperative or Collective.
SECTION 5, Subsection N is added to Section 92.17.1.03 of the Palm Springs
Municipal Code to read:
N. Medical Cannabis Cooperative or Collective Special Standards.
No Medical Cannabis Cooperative or Collective shall be established,
developed, or operated within five hundred (500) feet of a school, public
playground or park, or any residential zone property, or within one thousand
(1000) feet of any other Medical Cannabis Cooperative or Collective.
SECTION 6. The distance of separation required by Sections 3 and 5 of this Ordinance
shall be made using a straight line, without regard to intervening structures or objects,
from the property line of the lot on which the medical cannabis cooperative or collective
shall be located to the nearest property line of the lot upon which is located a residential
use, playground, park or school.
SECTION 7. The City Council finds, determines, and declares that pursuant to public
testimony, reports from staff, and written or documentary evidence provided to this
Council, this Ordinance and the standards contained herein are appropriate and
warranted for various reasons as stated therein, including without limitation:
A. In 1996, the voters of the State of California approved Proposition 215, known as
the "Compassionate Use Act" ("Act") (codified as Health and Safety (H&S) Code §
11362.5 et seq.), which creates a limited exception from criminal liability under
California law as opposed to federal law for seriously ill persons who are in need of
medical marijuana for specified medical purposes and who obtain and use medical
marijuana under limited, specified circumstances.
B. In 2004, Senate Bill 420, known as the Medical Marijuana Program Act, became
law (codified as H&S Code § 11362.7 et seq.) which established a statewide
identification card program for qualified medical marijuana patients and their primary
caregivers and recognized a qualified right to collective and cooperative cultivation of
medical marijuana.
C. In August 2008, the Attorney General of the State of California set forth
Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use
("Guidelines") which Guidelines affirm the legality of medical marijuana collectives and
cooperatives under California law, but make clear that such entities cannot be operated
for profit, may not purchase marijuana from unlawful sources and must have a defined
organizational structure that includes detailed records proving that users are legitimate
patients.
D. The City Council determines that it is in the best interest of the residents of the
City to allow cooperatives and collectives that comply with the Guidelines to be
U�
Resolution No.
Page 3
established and operated as permitted uses within specified manufacturing and
industrial zones.
SECTION S. No use, business, or activity of any kind which distributed marijuana prior to
the enactment of this Ordinance shall be deemed to have been a legally established
use under the provisions of the Zoning Code and such use shall not be entitled to claim
legal nonconforming status.
SECTION 9. If any section or provision of this Ordinance is for any reason held to be
invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, then the provisions of Section 1 through 6,
inclusive, of this Ordinance shall be deemed invalid and unenforceable and the
dispensing of cannabis for any reason in any zone shall be deemed a prohibited use
under the City's Zoning Code. The City Council hereby declares that it would not have
adopted this Ordinance if any of the sections or provisions thereof may be declared
invalid or unconstitutional or contravened via legislation.
SECTION 10. By regulating Medical Cannabis Cooperatives and Collectives, the City
of Palm Springs is only assuming an undertaking to preserve the general welfare
through the provision of a method of implementing the Compassionate Use Act. The
City Council is not assuming, nor is it imposing on its officers and employees, an
obligation for which a breach thereof would expose the City to a liability in money
damages to any person who claims that such breach proximately caused injury. To the
fullest extent permitted by law, the City shall assume no liability whatsoever, and
expressly does not waive sovereign immunity, with respect to any provision of this
Ordinance or for the activities of any Medical Cannabis Cooperative or Collective. To
the fullest extent permitted by law, any actions taken by a public officer or employee
under the provisions of this Chapter shall not become a personal liability of any public
officer or employee of the City. Nothing in this Ordinance shall be deemed or
considered in any respects to constitute authorization to violate any state or federal law.
SECTION 10. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED THIS DAY OF 2008.
Stephen P. Pougnet
Mayor
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1
Resolution No.
Page 4
ATTEST:
James Thompson, City Clerk
APPROVED AS TO FORM:
Douglas Holland, City Attorney
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. is a full, true and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on and adopted at a
regular meeting of the City Council held on the day of , 2008 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs,
California
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RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL AMEND CERTAIN SECTIONS OF THE
PALM SPRINGS ZONING CODE TO ALLOW MEDICAL
MARIJUANA COOPERATIVES AND COLLECTIONS
SUBJECT TO CERTAIN DEVELOPMENT STANDARDS IN
THE M-1 AND M-2 ZONES, AND IN OTHER NOW
RESIDENTIAL ZONES SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT.
WHEREAS, on October 1, 2008, the City Council voted unanimously to direct staff to
initiate a Zoning Ordinance Text Amendment (Case No. 5.1218) to consider the
establishment of standards and procedures for the establishment of medical marijuana
cooperatives and collectives, including a draft ordinance allowing such uses by right in
the M-1 and M-2 zones, subject to certain location standards; and
WHEREAS, on November 19, 2008, the Planning Commission conducted a duly
noticed public hearing on the proposed amendment, at which hearing the Commission
carefully reviewed and considered all of the evidence presented in connection with the
project, including but not limited to the staff report and all written and oral testimony
presented, and
WHEREAS, the Planning Commission has evaluated the potential environmental
impacts of the proposed Zoning Ordinance text amendment and determined that it is
Categorically Exempt under Section 15305 — Minor Alterations in Land Use Limitations
— of the Guidelines for the Implementation of the California Environmental Quality Act in
that the proposed amendment does not result in any significant increase land use
density.
THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS;
Section 1: The Planning Commission hereby finds that adoption of the proposed
Zoning Text Amendment would:
a. Provide opportunities for residents and others to obtain medical marijuana as
allowed by the Compassionate Use Act of 1996,
b. Allow for the development and placement of medical marijuana cooperatives
and collectives in a manner that would provide adequate oversight of, and
protection for such uses and the surrounding neighborhood, and
C. Assure that medical marijuana collectives and cooperatives are located
sufficient distances from each other and from potentially sensitive land uses.
Planning Commission Resolution December, 2008
5.1218--ZTA—Medical Marijuana Cooperatives and Collectives Page 2 of 2
Section 2: The adoption of the proposed Zone Text Amendment would be consistent
with the intent of the Zoning Ordinance and the City's General Plan because it provides
for the establishment of medical marijuana cooperatives through reasonable standards
and regulation, and provides an opportunity for those seeking the benefits of medical
marijuana to do so in a safe and secure manner:
LU 1.4 Encourage the expansion of existing facilities or the introduction of
new uses that are considered to be of significant importance and
contribute exceptional benefits to the City.
Section 3: Based upon the foregoing, the Planning Commission does hereby
recommend to the City Council amendment of the Palm Springs Zoning Code to
establish standards and regulations for medical marijuana cooperatives and collectives,
as described in the draft ordinance, attached hereto and made a part of this resolution
as Exhibit A, in which the use is allowed by right in the M-1 and M-2 zones; and also
recommends the following additional provisions:
1. That the use is allowed by right in the P (Professional) zone, and
2. That the use may be allowed subject to approval of a Conditional Use
Permit in other non-residential zones.
ADOPTED this 3`d day of December, 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Craig A. Ewing, AICP
Director of Planning Services
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cq</FOR��P PLANNING COMMISSION STAFF REPORT
Date: November 12, 2008
Case No.: 5.1218
Type: Zone Text Amendment
Location: City-wide
Applicant: City of Palm Springs
To: Planning Commission
From: Craig A. Ewing, AICP, Director of Planning Services
Subject: Zoning Ordinance Amendment Relating to Medical
Cannabis Cooperatives and Collectives as Permitted
Uses in the M-1 and M-2 Zones
SUMMARY
Recent court decisions regarding the Compassionate Use Act and the Attorney
General's adoption of Guidelines relating to marijuana grown for medical use have
provided the City with guidance regarding the range of options for regulating the
cultivation and dispensing of medical cannabis to qualified patients. On October 1,
2008, the City Council initiated a Zone Text Amendment to set standards for-the
establishment of cooperatives and collectives for medical marijuana-
The proposed ordinance is an amendment to the City's Zoning Code and would allow
cooperatives and collectives in the M-1 and M-2 Zones of the City. With the exception
of certain distance requirements would be imposed as development standards, no other
local regulatory program would be imposed. The Police Department would enforce
traditional penal and health and safety state laws consistent with the Attorney General's
Guidelines.
As a Zoning Code text amendment, the ordinance is required to be submitted to the
Planning Commission for review and recommendation. A public hearing has been
noticed for this item.
Palm Springs Planning Commission November 12, 2008
Case No. 5.1218—ZTA Medical Marijuana Page 2 of 6
RECOMMENDATION
Staff recommends the Planning Commission.-
1. Open the public hearing and receive any testimony.
2. Direct staff to prepare a resolution and draft ordinance to return to the Commission
for final action.
STAFF ANALYSIS
The Compassionate Use Act.
In 1996, California voters approved Proposition 215, which exempted qualified patients
and their primary caregivers from criminal liability under state law for the possession and
cultivation of marijuana. Codified as Health and. Safety Code section 11362.5 etseq. and
known as "The Compassionate Use Act", the initiative's purpose was to allow patients
suffering from a number of serious illnesses the opportunity to find relief through the use
of doctor recommended marijuana.
As enacted, the Compassionate Use Act did not define how much a patient could
legally possess or cultivate. In addition, the definition of"primary caregiver" was vague,
resulting in the creation of numerous storefront marijuana dispensaries throughout
the state operating without standards or local control. In response to these issues,
the California legislature enacted SB 420, known as the Medical Marijuana Program
("MMP"), which did the following:
• Refined the definition of"caregiver" and clarified the expenses for which a primary
caregiver could be reimbursed;
• Set out a maximum amount of marijuana a patient or caregiver could possess and
cultivate (8 oz. of marijuana plus 6 mature or 12 Immature plants);
• Required the State Department of Health, working with county health
departments, to set up a voluntary statewide identification program to protect
qualified patients and their primary caregiver from arrest and prosecution of
certain marijuana related crimes. Orange County has set up such a program.
• Extended protection from criminal prosecution beyond possession and
cultivation to related activities (e.g., transportation, delivery, storage for
qualified patients and their primary caregivers);
• Permitted patients and primary caregivers to collectively or cooperatively
cultivate marijuana for medical purposes;
• Prohibited the use of marijuana near schools or recreation centers, on school
buses, while in an operating car, or while operating a boat; and
• Allowed cities to adopt and enforce laws consistent with the MMP.
GONE i
9
Palm Springs Planning Commission November 12, 2008
Case No. 5.1218--ZTA Medical Marijuana Page 3 of 6
The MMP requires that the primary caregiver and the patient live in the same city or county
if the primary caregiver has more than one patient. Conversely, if the primary caregiver
and patient do not live in the same city or county, the primary caregiver may only have
one qualified patient. Although qualified patients and their primary caregivers may
collectively or cooperatively cultivate marijuana for medical purposes, the MMP is
silent as to dispensaries, neither permitting nor forbidding them. What constitutes a
cop-op or collective, which is permitted, versus a dispensary, and whether a
dispensary would be considered a co-op/collective or a store under the MMP remain
unclear. Nor have the courts provided much guidance on that issue. To staffs
knowledge, no local agency has been sued for regulating the location and / or operation
of the MMDs; however, there are a number of lawsuits involving cities and counties
who have adopted blanket dispensary bans.
Judicial and the Administrative Guidance
In 2005 the United States Supreme Court, in the case of Gonzalez v. Raich, ruled that
the application of the federal Controlled Substance Act to the manufacture, distribution, or
possession of marijuana to intrastate growers and users of marijuana for medical
purposes is not a violation of the US Constitution. The Controlled Substance Act
established a federal regulatory system designed to combat recreational drug abuse
by making it illegal to manufacture, distribute, dispense, or possess any controlled
substance. Under the Controlled Substance Act, the manufacture, distribution, or
possession of marijuana is a federal criminal offense. Thus, even though certain
activities may not be a criminal act under California law, the same activities may still
violate federal laws and the federal government has the authority to regulate and
criminalize such activity. The case did not hold that Proposition 215 is
unconstitutional or pre-empted by federal law; nor did the case prohibit California from
continuing to honor the procedures and protections set forth in Prop. 215. What the
case does say, however, is that compliance with California law will not protect a person
from prosecution under federal laws.
This situation where one can be prosecuted under federal laws for doing something that
is legal under California law arguably defies common sense and creates a great deal of
confusion for the general public and especially for qualified medical patients.
Nevertheless, there are two worlds that involve the regulation of marijuana. 1) The
absolute prohibition on the manufacture, cultivation, distribution, and possession under
the Controlled Substance Act, and 2) the not-so-absolute prohibition on manufacture,
cultivation, distribution, and possession that contains a limited exception for medical
purposes under California law.
It should be emphasized that the Compassionate Use Act does not establish marijuana
use by a qualified medical patient as a right or privilege protect under law. The California
Supreme held earlier this year in Ross v. Raginowire that an employer has not engaged
in impermissible disability-based discrimination under the Fair Employment and Housing
Act when that employer requires a pre-employment drug test and takes illegal drug use
60306G 1
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Palm Springs Planning Commission November 12, 2008
Case No. 5.1218—ZTA Medical Marijuana Page 4 of 6
into consideration in making employment decisions, Simply stated, the Compassionate
Use Act only provides a defense to certain state criminal charges for state law violations
involving marijuana for a person who uses marijuana for medical purposes on a
physician's recommendation.
These exceptions do not include a local government's Zoning Code. There is nothing in
the Compassionate Use Act or the MMP that provides that the defense is applicable to
violations of local land use laws or any local regulatory program. As discussed above,
there is nothing in the law that establishes any rights beyond the defense; thus, there is
no right to establish a collective or cooperative that dispenses marijuana in contravention
of local laws. The decision of the California Court of Appeals in August of this year in
Corona v. Naulls confirms and supports this conclusion.
Against this backdrop of opinions and judicial rulings, the State Attorney General in
August of 2008 adopted the "Guidelines for the Security and Non-Diversion of Marijuana
Grown for Medical Use" which attempts to: 1) Ensure that marijuana grown for medical
purposes remains secure and does not find its way to non-patients or illicit market; 2)
Help law enforcement agencies perform their duties effectively and in accordance with
California law; and 3) Help patients and primary caregivers understand how they may
cultivate, transport, posses, and use medical marijuana under California law.
A copy of the Guidelines is attached to this Staff Report. Staff would specifically call
your attention to pages 8 — 11 for the basic rules that the attorney General is
recommending as embracing the general regulation of medical marijuana cooperatives
and collectives.
The Local Approach
In a poll conducted by the City of Anaheim in the winter of this year, 63 California
cities had banned medical marijuana dispensaries in their jurisdictions and 29 had
adopted ordinances permitting and regulating dispensaries to varying degrees. A
number of cities have also adopted temporary moratoriums on new dispensaries as
they draft either regulations or permanent prohibitions.
Although Palm Springs' moratorium expired in early 2008, medical marijuana
dispensaries are not permitted uses in any zone in the City and is therefore deemed a
prohibited use. Thus, unless the City adopts an ordinance that allows such uses,
marijuana cultivation and dispensing, regardless of whether it is described as a
dispensary, cooperative, or collective, is not a legal land use in the City.
The City has several options in addressing the medical marijuana issue:
60308G I
r
�.'Y
Palm Springs Planning Commission November 12, 2008
Case No. 5.1218—ZTA Medical Marijuana Page 5 of 5
1 . Adopt Medical Marijuana Cooperative/Collective regulatory permit regulations
The City may amend the zoning code to allow cooperatives or collectives in certain
zoning districts with a Condition Use Permit. In addition, it could adopt regulations
that address the location of medical marijuana dispensaries and provisions
governing their operation. The actual permit process would be implemented and
monitored by Planning, Building, and Police Departments. Specific regulations or
conditions could include the following requirements:
• Limitations on the amount of marijuana that can be kept in the facility and the
amount of cultivation.
• Limitations on the age of persons allowed on site.
■ A requirement for a safety and security plan.
• Limitations on hours of operation.
• Prohibitions on the sale or consumption of alcohol.
• Requirements for outdoor maintenance, including monitoring the conditions
around the site regular removal of litter, as necessary.
• Prohibitions on the consumption of marijuana on the premises and surroundings.
The City could also consider impose even more stringent permit conditions. The City of
Laguna Woods recently adopted a regulatory program that includes one or more of
these components. These restrictions are unusual; however, due to the unique nature
of the product being dispensed, its unusual status under federal and state law, and the
potential secondary effects each collective or cooperative may have on its environment,
these restrictions may be appropriate and justified:
• Requirements that marijuana transactions be done by credit card or personal
check only; no cash transaction allowed.
■ Requirements for background checks and permits for employees, volunteers and
all persons providing services at the collective / cooperative.
• Prohibitions on any retail sales other than marijuana.
• A limitation that patients using the collective / cooperative be city residents.
• Restrictions on the number of collectives /cooperatives that could operate in the
City at any one time.
2. An Ordinance Amending the Zoning Code to allow collectives/cooperatives in
certain Zones subject to certain land use standards or a land use permit.
The draft ordinance initiated by the City Council is consistent with Option 2. It provides
that cooperatives and collectives are permitted in the M-1 and M-2 Zones "by right',
subject to special location development standards. These standards include a 500-foot
minimum separation between any collective / cooperative and any school, park,
playground, or property zoned for residential uses. This approach is predicated on the
assumption that the Attorney General Guidelines will be adequate in the oversight and
601096 1
Palm Springs Planning Commission November 12, 2008
Case No. 5.1218—ZTA Medical Marijuana Page 6 of 5
regulation of the operation of the collectives and cooperatives and that additional local
regulations are not necessary or desirable (see Option 1 for additional regulations).
3. An Ordinance declaring that Collectives and Cooperatives are not permitted in the
City.
The City may choose to expressly prohibits collectives and cooperatives Within the City
limits. Although we believe that this is the current status of such uses in the City, a
clear statement ratifying the City's intent would reaffirm the Zoning Code intent and
application.
We recommend that the Commission consider the draft ordinance establishing
medical cannabis collectives and cooperatives as permitted uses in the M-1 and M-2
Zones and the other options identified in this memo. Following a public hearing, the
Commission may adopt any recommendation it considers appropriate on the issue.
Staff will return at 'a future meeting with a resolution reflecting the Commission's
recommendation.
NOTICE
Notice was provided by advertisement in the Desert Sun. No written communications
have been received at the writing of this report.
ENVIRONMENTAL:
Staff has reviewed the draft ordinance under the provisions of the California
Environmental Quality Act (CEQA) and has determined that the proposed Zone Text
Amendment is Categorically Exempt under Section 15305 — Minor Alterations in Land
Use Limitations — of the Guidelines for the Implementation of CEQA. The proposed
amendment does not result in any significant change in land use or density.
ai A. iHance
Dir of Pervices
cc: Draft
603086 1
0
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(V
CITY CLERK'S DEPARTMENT
James Thompson, City Clerk
Meeting
Date: December 3, 2008
Subject: APPLICATION TO AMEND THE PALM SPRINGS ZONING CODE
RELATING TO THE LOCATION AND OPERATION OF MEDICAL
CANNABIS COOPERATIVES AND COLLECTIVES
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing will be published in the Desert
Sun an November 22, 2008.
1 declare^^uun�nnd�der penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify
that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the
City Clerk on November 20, 2008.
1 declare under penal 7
of perjury that the foregoing is true and correct.
Dolores Strickstein
Secretary
PROOF OF PUBLICATION This m space for County Cleffs Filing stamp
(2015.5.C.C.P)
No.4136
STATE OF CALIFORNIA
County of Riverside NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1218-APPLICATION BY THE CITY OF PALM
SPRINGS FOR A ZONING ORDINANCE AMENDMENT
RELATED TO MEDICAL CANNABIS COOPERATIVES I
I am a citizen of the United States and a resident of AND COLLECTIVES
the County aforesaid;I am over the age of eighteen
years,and not a party to or interested in the NOTICE 19 HEREBY GIVEN that the City Council of the
above-entitled matter.I am the principal cleric of a City of Palm Springs,Callforhle,will hold a public hearing at Its
printer of the,DESERT SUN PUBLISHING meeting of December 3,2008.The City Council meeting begins
at s;00
COMPANY a newspaper of general circulation, at 6:00 Canyon way,perm Council Chamber at City Hall, 3200 East
printed and published in the city of Palm Springs,
County of Riverside,and which newspaper has been The purpose of the roaring Is to consider Case 5.1218, an
adjudged a newspaper of general circulation by the appllcaticn by the City of Palm Springs to amend the Palm
Superior Court of the County of Riverside,State of Springs Zoning Code relating to the locatlon and operation of
California under the date of March 24, 1983,Case medical cannabis cooperatives and collectives.
Number 191236;that the notice,ofwhieh the ENVIRONMENTAL DETERMINATION: The city of Palm
annexed is a printed copy(set in type not smaller Springs,In ITS Capeclty Be the lead agency for this project,under
than non pariel,has been published in each regular the California Environmental Ouallty Act(CEQA)has determined
and entire issue of said newspaper and not in any that the proposed Toning Ordinance taxt amendment Is
supplement thereof on the following dates,to wit: Catagorleally Exempt under Section 15305"Minor Alterations in
Land Use Limitations-of the Guidelines for the Implementation of
November 22",2008 CEQA,The proposed amendments do not result In any significant
Changes In land use or density,
REVIEW OF PROJECT INFORMATIOM The staff report
...--............- .. ------ and other supporting documents regarding this project are also
All in the year 2008 available for publlc review at City Hall between the hours of
8.00 a.m.and 5:00 p.m.Monday thmugh Friday.Please contact
I certify(or declare)under penalty of perjury that the the Office of the Clty Clerk(760)323-8204 if you would like to
foregoing is true and correct. sohedule an appointment to review these documents.
Dated at Palm 5 rin s,California this---26'", --da COMMENT ON THIS APPLICATION: Response to this
p g y notice may be made verbally at the Public Hearing and/or In
writing before the hearing. Written comments may be made to
of---------- N ember - --------- ,2008 the City Council by latter(for mail or hand dellvery)to:
Jame@ Thompson,City Clerk
-- 3200 E Tehquim Canyon Way
--_-1_-,. _—_�--_—_--_�-_-- Palm Springs,CA 92262
�Signatur Any challenge of the proposed project In court may be limited to
raising only those Issues raised at the Public hearing described
I: In this notice, or In written correspondence delivered to the
City Clerk at,or prior tit,the public hearing.(Government Code
Gar '^ Soctlon 65009[b][21).
�d�• t-� l f ,) r- An opporcunhy will be given at said hearing for ell Interested
persons to be heard. Questions regarding this case may
be directed to Craig A, Ewing, Director, Planning Services
i-:.•`�'" U '�'— X j Department at(760)323-6245.
Si neceslta eyuda con Beta Carta, For favor Ilame a la Ciudad
ode palm Springa y puede habler Con Nadine Fleger telefono
(760)S23.8245.
cy
James Thompson,City Clerk
Publlshed:11/22/08
NEIGHBORHOOD COALITION REPS
Case 5.1218 ZTA MR PETE MORUZZI
Medical Cannabil Coop. &Collec. MODCOM AND PALM SPRINGS MODERN COMMITTEE
PHN for CC Meeting 12,03.08 HISTORIC SITE REP I I I PO BOX 4738
PALM SPRINGS CA 92263-4738
CITY OF PALM SPRINGS
PLANNING SERVICES DEPARTMENT CASE 5,1218 ZTA
VERIFICATION NOTICE 1 I 1 ATTN SECRETARY MRS.JOANNE BRUGGEMANS
PO BOX 2743 506 W. SANTA CATALINA ROAD
PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262
MS MARGARET PARK
AGUA CALIENTE BAND OF CAHUILLA
AGUA CALIENTE BAND OF CAHUILLA INDIANS
INDIANS 1 I 1 1 1 1 777 E.TAHQUITZ CANYON WAY,9301
PALM SPRINGS, CA 92262
SPONSORS I I I
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1218 _ APPLICATION BY THE CITY OF PALM SPRINGS
FOR A ZONING ORDINANCE AMENDMENT RELATED TO
MEDICAL CANNABIS COOPERATIVES AND COLLECTIVES
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of December 3, 2008. The City Council meeting begins at
6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider Case 5.1218, an application by the City of Palm
Springs to amend the Palm Springs Zoning Code relating to the location and operation of
medical cannabis cooperatives and collectives.
ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the lead
agency for this project, under the California Environmental Quality Act (CEQA) has determined
that the proposed Zoning Ordinance text amendment is Categorically Exempt under Section
15305 — Minor Alterations in Land Use Limitations — of the Guidelines for the Implementation of
CEQA. The proposed amendments do not result in any significant changes in land use or
density.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this project are also available for public review at City Hall between the hours of 8:00
a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk (760)
323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
Public Hearing and/or in writing before the hearing. Written comments may be made to the City
Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised
at the public hearing described in this notice, or in written correspondence delivered to the City
Clerk at, or prior to, the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Craig A. Ewing, Director, Planning Services Department
at (760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245. -
?Jmes Thompson, City Clerk W
L c1
A1p Inland Valley
0AIX Drug Free
Community Coalition
•
www.ivdfc.org Serving Riverside and San Bernardino County
youth.parents.schools.law enforcement•health care.media.businesses.government.
non profits.community groups•religious entities.fraternal and service organizations
November 25th 2008
City of Palm Springs
City Council
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear City Council Members.
On December 3rd, you will vote on an item referenced in 1 B, which in short, will send a
shockwave throughout the Inland Empire by allowing medical marijuana to establish a
footing in Palm Springs.
Our Coalition encourages you to vote "No" on any item which brings pot/drugs into a
community.
We are parents, teachers, cops, youth, business leaders, health care providers, and
others who are helping the Inland Empire push back against a pro-marijuana movement
that has set its sights on Palm Springs after losing battles everywhere else in the region.
Within the last two-years, over a dozen cities in the Inland Empire have taken up the
issue of medical pot dispensaries, co-ops, etc, and 100% have voted them down. They
did so only after they learned of the fallacies with so-called medical pot.
Pot shops are common on the streets of San Francisco and West Los Angeles and that
is because a pro-drug legalization movement has succeeded in those neighborhoods.
Just last week, Fox News Oreilly Factor reported on the ruse that medical marijuana
has become in California. He cited children being sold pot from those who possess
medical marijuana ID cards. In fact, there are now more pot shops on the streets of S.F.
and West L.A. than Starbucks.
If Palm Springs allows any type of pot store to exist within its boundaries, it will, without
a doubt, open the door to yet another way for children to find drugs; through the hands
of someone holding a marijuana ID card who purchase pot at a Palm Spring Pot Non-
Profit.
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info@ivdfc.org (909)457-4229
y�
But this is just the beginning. Palm Springs/Palm Desert area is known around the
region as a headquarters for the most outspoken pro-marijuana organization in the
area. It's no surprise that you will see them in your council chambers touting the
benefits of marijuana use.
Let's remember: Prop 215 was passed in 1996 by a marginal 55% of the vote. And
those who voted for it thought the marijuana would be given only to the most
seriously/terminally ill. It was a ruse. The small print of that law, as described by pro-
drug groups (who funded but failed to convince the electorate this November to pass
Prop 5 — another pro drug effort) allows anybody to get pot for any condition,
whatsoever.
Before you vote for this effort, take a tour of the West Los Angeles and San Francisco.
By opening to the door to just one shop (co-op) will be enough for the pro-drug
movement to come crashing through as they have in other areas — and when that
happens, it's virtually impossible to turn back (again, look at S.F and West L.A).
Palm Springs is a beautiful city and doing anything other than voting down pot will
immediately tarnish the city.
We understand that initially, this may have seemed confusing. You want to do the right
thing; you want to help patients in need of medicine. But smoked marijuana is not
medicine, and it's against Federal law. What you should consider is a law mandating
that all businesses that operate within the city must abide by local, state and federal
laws. As such, never again would you be harassed by pro-drugs wanting to set up a
marijuana shop. Meds like marinol already exist in pill form, which is approved by the
FDA (and is not a violation of Federal law and not sought after by youth for abuse).
Clearly, the residents of Palm Springs need your help. This issue requires the utmost
attention.
We implore you to vote no on item 41 B and all other related marijuana articles.
Our Coalition has grown over 200% in the last 4-years and we are working
towards the creation of Palm Springs Drug Free, Inc., which will work with the
community in building 12-sectors (including local elected officials) to push back
against drug legalization efforts while educating youth to remain drug free.
Yours truly,
//s//
Roger Anderson
Coalition Chair
Cc: Coalition Members, Palms Springs Chamber of Commerce, Board of Education,
The Desert Sun, Palm Springs Police Officers Association, Palm Springs Fireman's
Association, Palm Springs Teachers Association — Executive Board
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. Gy
What's Wrong With Permitting the Use of
Smoked Marijuana?
"We created Prop. 215 so that
• Simply put, the smoked form of marijuana is not considered patients would not have to deal
modern medicine. On April 20th, 2006, the FDA issued an with black market profiteers.
advisory concluding that no sound scientific studies have But today It is all about the
supported medical use of smoked marijuana for treatment In the money. Most of the
United States, and no animal or human data support the safety dispensaries operating In
or efficacy of smoked marijuana for general medical use. California are little more than
• A number of states have passed voter referenda or legislative dope dealers with store fronts."
actions making smoked marijuana available for a variety of -Rev Scott Imlor Co-Founder of Prop.
medical conditions upon a doctor's recommendation. According 215, Cahlornla's Medical Marijuana
to the Food and Drug Administration (FDA), these measures are Law
inconsistent with efforts to ensure medications undergo the Source Alternatives Magazine Fall,
rigorous scientific scrutiny of the FDA approval process and are 2ooB Issue 39
proven safe and effective under the standards of the FD&C Act.
• While smoking marijuana may allow patients to temporarily feel better, the medical community
makes an important distinction between inebriation and the controlled delivery of pure
pharmaceutical medication. The raw (leaf ) form of marijuana contains a complex mixture of
compounds In uncertain concentrations, the majority of which have unknown pharmacological
effects.
• The Institute of Medicine (IOM) has concluded that smoking marijuana is not recommended for any
long-term medical use, and a subsequent IOM report declared that, "marijuana is not modern
medicine."Additionally, the American Medical Association, the National Cancer Institute, the
American Cancer Society, and the National Multiple Sclerosis Society do not support the smoked
form of marijuana as medicine.
Smoking Marijuana May Unintentionally Cause Serious Harm to Patients
• The delicate immune systems of seriously ill patients may become compromised by the smoking of
marijuana. Additionally, the daily use of marijuana compromises lung function and increases the
risk for respiratory diseases, similar to those associated with nicotine cigarettes.
• Marijuana has a high potential for abuse and can incur addiction. Frequent use of marijuana leads
to tolerance to the psychoactive effects and smokers compensate by smoking more often or seeking
higher potency marijuana.
• In people with psychotic or other problems, the use of marijuana can precipitate Severe emotional
disorders. Chronic use of marijuana may increase the risk of psychotic symptoms in people with a
past history of schizophrenia. Marijuana smoking by young people may lead to severe impairment
of higher brain function and neuropsychiatric disorders, as well as a higher risk For addiction and
polydrug abuse problems.
Existing Legal Drugs Provide Superior Treatment for Serious Medical
Conditions
• The FDA has approved safe and effective medication for the treatment of glaucoma, nausea,
wasting syndrome, cancer, and multiple sclerosis.
• Marinol, the synthetic form of THC (the psychoactive ingredient contained in marijuana), is already
legally available for prescription by physicians whose patients suffer from pain and chronic illness.
"Medical marijuana was supposed to be for the truly III cancer victims and
AIDS patients who could use the drug to relieve pain or restore their appetites.
Yet the number of dispensaries has skyrocketed from five in 2005 to 143 by
the end of 2006. In North Hollywood alone,there are more pot clinics than
Starbucks."
—Pasadena Star-News January 21st,2007
Strengthening community action for the safety of our children
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Rancho Cucamonga, CA 91739
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In Their Words: What the Experts Say!
The American Academy of Ophthalmology:
"Based on reviews by the National Eye Institute (NEI) and the Institute of Medicine and on available
scientific evidence, the Task Force on Complementary Therapies believes that no scientific evidence
has been found that demonstrates increased benefits and/or diminished risks of marijuana
use to treat glaucoma compared with the wide variety of pharmaceutical agents now
available."
Complementary Therapy Assessment Marijuana in the Treatment of Glaucoma American Academy of Ophthalmology, May 2003
The American Medical Association:
"...AMA recommends that marijuana be retained in Schedule I of the Controlled Substances Act...AMA
believes that the NIH should use its resources and influence to support the development of a smoke-
free inhaled delivery system for marijuana or delta-9-tetrahydrocannabinol (THC) to reduce the health
hazards associated with the combustion and inhalation of marijuana..."
Policy Statement H-95.952,Amerimi Medical Association,hito llwww ama-asen org
The National Multiple Sclerosis Society:
"Studies completed thus Far have not provided convincing evidence that marijuana or its derivatives
provide substantiated benefits for symptoms of MS."
The MS Information Sourcebook Marijuana(Cannabis),National Multiple Sclerosis Society,September 18th 2006
The Institute of Medicine (TOM):
"Because of the health risks associated with smoking, smoked marijuana should generally not be
recommended for long-term medical use."
Manjuana and Medreine Assessing the Science Base Institute of Medicine 1999
The Marijuana Vending Machine and Legalizing Pot Under
the Guise of Medicine
,I i ,.., w .; �t
i1dtS,4i
sin
A few years ago, the FDA issued an Interagency Advisory asserting that claims of marijuana as
"medicine" are inconsistent with efforts to ensure the safety and efficacy of medial treatment.
The Oakland Press has now posted video of Director Walters' public remarks in Southfield,
Strengthening community action for the safety of our children
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Michigan regarding the state's smoked medical marijuana ballot initiative. Also in the video: the
so-called marijuana "vending machine"that was seized recently in California. The vending
machine illustrates how smoked medical marijuana ballot initiatives are not about medicine, but
instead about legalizing marijuana.
By BILL O'REILLY
March 23, 2007
IT seemed like a good idea at the time,the Compassionate Use Act of 1996.which allowed Californians to use
marijuana with a doctor's permission to alleviate pain. Golden State voters passed the ballot measure into law
by 56 percent to 44 percent.
The biggest bankroller of the referendum was George Soros,the billionaire who champions drug legalization.
He pumped about$350,000 into pro-medpot ads,according to published reports.
Since the act was passed into law,thousands of pot"clinics"have opened across the state. In San Francisco,
things got so out of control that Mayor Gavin Newsom, a very liberal guy, had to close many of the"clinics"
because drug addicts were clustering around them, causing fear among city residents.
In San Diego,there's another problem.Some high school kids have found a loophole in the Compassion Act.
Incredibly,there is no age requirement to secure medical marijuana in California-and no physical exam
needed, either. So some kids tell a doctor they have a headache, pay him$150 for a card, and then buy all the
pot they want. Unbelievable, but true.
Catherine Martin,a school official in San Diego,actually sent letters to parents in the Grossmont Union School
District warning that some students are getting the medical-MJ cards and then selling them to other students.
The result: an increasing number of kids arriving at school stoned. Martin warned parents to supervise their
children.
San Diego DA Bonnie Dumanis told me that some"clinics"are even marketing medical marijuana under names
like"Reefer's Peanut Butter Cup,"and"Baby Jane."Cheech and Chang would be proud.
Now, I'm sure George Soros doesn't give a hoot about this, but the unintended consequence of non-
prescription medical-marijuana legalization is that some kids are making an industry out of it. Sure, pot is
available illegally in most places, but now children have a legal option.Why work at Burger King when you can
sell pot cards?
Of course,there is nothing"compassionate"about kids being intoxicated It changes them forever. Once a child
alters himself with chemicals, childhood vanishes.A national study by the Center on Addiction and Substance
Abuse says more teens,are in rehab for marijuana than any other intoxicant, including alcohol.
Society needs to rethink its strategy on intoxicants in general. If marijuana can help those suffering with
debilitating diseases,then doctors should have the power to prescribe it and licensed pharmacies should carry
it.
But storefront"clinics"run by irresponsible adults who are aided by corrupt doctors are a joke only a confirmed
stoner would find funny.
Bottom line: Be careful what you vote for. Compassion can easily turn into chaos.
Strengthening community action for the safety of our children
12223 Highland Ave #106-305
Rancho Cucamonga, GA 91739
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Downtown San Francisco:
"Medical'M4nJurl3 .,.1:°„" „r"w°" °Sr,,
�- Dispensaries:77
lnrbucl,Coltee:66
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Did You Know? There Are More "Medical" Pot Shops in
San Francisco Than There Are Starbucks
As we've noted previously, state "medical" marijuana laws breed confusion, abuse, and violence
'in neighborhoods and communities-
Here's our latest analysis of this phenomenon. In downtown San Francisco alone, there are 71
marijuana dispensaries, compared to 66 Starbucks Coffee shops:
The Use of Marijuana as a Medicine
California Narcotic Officers Association
There currently exists some controversy concerning smoking marijuana as a medicine. Many well-
Intentioned leaders and members of the public have been misled by the well-financed and organized pro-
drug legalization lobby into believing there is merit to their argument that smoking marijuana is a safe and
effective medicine.A review of the scientific research, expert medical testimony, and government agency
findings shows this to be erroneous.There is no justification for using marijuana as a medicine.
The California Narcotic Officers'Association consists of over 7,000 criminal justice professionals who are
dedicated to protecting the public from the devastating effects of substance abuse, whether cocaine,
methamphetamine, or marijuana. We have seen first hand the debilitating and often tragic results, both
psychologically and physically, of those who choose intoxication as part of their lifestyle.We have studied
the medicinal use of marijuana issue, compiling information from medical experts to present to those we
are sworn to protect. It is our firm belief that any movement that liberalizes or legalizes substance abuse
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laws would set us back to the days of the'70s when we experienced this country's worst drug problem
and the subsequent consequences. In the'80s, through the combined and concerted efforts of law
enforcement, prevention and treatment professionals, illicit drug use was reduced by 50 percent.
Teenagers graduating from the class of 1992 had a 50 percent less likely chance of using drugs than
those who graduated in the class of 1979.
Substance abuse rises whenever public attitude is more tolerant toward drugs, i.e., they are safe and
harmless. Other factors that contribute to a rise in use include increased availability, reduced risk
associated with using or selling, and lower prices. In 1993, for the first time after 12 years of steady
decline, illicit drug use rose and continues to climb.A major contributing factor is a message that drugs
"aren't so bad."To counter this"just say yes" campaign,we feel compelled to provide the facts on the
use of smoking marijuana as a medicine. These well-documented facts will prove beyond a doubt that
MARIJUANA IS NOT A MEDICINE.FACT:The movement to legitimize smoking marijuana as a medicine
is NOT encouraged by the pharmaceutical companies, Federal Food and Drug Administration, health and
medical associations, or medical experts, but instead by groups such as the National Organization for the
Reform of Marijuana Laws(NORML) and the Drug Policy Foundation (DPF). These organizations have
little medical expertise and favor various forms of legalizing illicit drugs.
FACT: Pro-legalization organizations have admitted that their strategy to legalize marijuana begins with
legitimizing smoking marijuana as a medicine.As reported in High Times magazine, the Director of
NORML expressly stated that the medicinal use of marijuana is an integral part of the strategy to legalize
marijuana.Tony Serra, a criminal defense attorney associated with the pro-legalization groups, stated
that medicinal marijuana is the"Chink in the administration's armor"that will lead to society seeing pot's
mystical effects of peace, sisterhood and brotherhood. He is also the one who said, "If you kill a cop, I'll
pay to take the case,"and "My sustenance is drugs and murder."A former director of NORML, Keith
Stroup, told an Emory University audience that NORML would be using the issue of medicinal marijuana
as a red herring to give marijuana a good name. The director of NORML, Dick Cowan, is quoted, "The
key is medical access. Because once you have hundreds of thousands of people using marijuana under
medical supervision, the whole scam is going to be brought up...then we will get medical, then we will get
full legalization."Is there any doubt about their true motive while they play this cruel hoax on people with
legitimate illnesses?
FACT:A leader of the medicinal use of marijuana movement, Dr. Lester Grinspoon, is an associate
professor of psychiatry at Harvard as well as chairman of the board of NORML. He has made absurd
claims such as marijuana, like aspirin, is"unusually safe;" using cocaine two or three times a week
"creates no serious problems;"and"Chronic cocaine abuse usually does not appear as a medical
problem " He wrote a book called Marihuana:The Forbidden Medicine, which is the bible for pro-
marijuana advocates.
FACT:The studies cited by the marijuana advocates have been found to be either unscientific, poorly
researched, or involved pharmaceutical THC, not marijuana. One of their"experts"who testified at the
1987 federal hearings to reschedule marijuana was a wellness counselor at a health spa who admitted
under oath to using every illegal mind-altering drug he ever studied. Another"expert"admitted he had not
kept up with new medical or scientific information on marijuana for over 18 years.Another doctor claimed
there was voluminous medical research on the effectiveness of marijuana but under oath, when asked to
cite the number of the studies, he replied, "I would doubt very few."The fact is that there is not one
reliable scientific study that shows smoking marijuana to be a safe and effective drug.
FACT:The majority of the marijuana advocates'"evidence"comes from unscientific, non-scrutinized or
analyzed anecdotal statements from people with a variety of illnesses It is unknown whether these
individuals used marijuana prior to their illness or are using marijuana in combination with other
medicines. It is also unknown whether they have had recent medical examinations, are justifying their use
of marijuana, experiencing a placebo effect, or experiencing the intoxicating effect of smoking marijuana.
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C�C
FACT:The main psychoactive ingredient in marijuana (THC) is already legally available in
pharmaceutical capsule farm by prescription from medical doctors.This drug, Marinol, is less often
prescribed because of the potential adverse effects, and there are more effective new medicines
currently available. Marinol differs from the crude plant marijuana because it consists of one pure,well-
studied, FDA-approved pharmaceutical in stable known dosages Marijuana is an unstable mixture of
over 400 chemicals including many toxic psychoactive chemicals which are largely unstudied and appear
in uncontrolled strengths.
FACT:The manufacturers of Marinol, Roxane Laboratories Incorporated, do not agree with the pro-
marijuana advocates that THC is safe and harmless. In the Physician's Desk Reference, a good portion
of the description of Marinol includes warnings about the adverse effects.
FACT, Common sense dictates that it is not good medical practice to allow a substance to be used as a
medicine if that product is:
• not FDA-approved
• ingested by smoking
• made up of hundreds of different chemicals
• not subject to product liability regulations
• exempt from quality control standards
• not governed by daily dose criteria
• offered in unknown strengths (THC)from 1 to 10+percent
• self-prescribed and self-administered by the patient.
FACT:The federal government, over the last 20 years involving a number of administrations from both
Political parties, has determined that smoking marijuana has no redeeming medicinal value, and is in fact
harmful to health. These governmental agencies include the Drug Enforcement Administration,the Food
and Drug Administration, and the U.S. Public Health Service. Their latest finding, as recently as 1994,
was affirmed in a decision by the U.S. Court of Appeals in Washington, D.C.
FACT: Since the pro-marijuana lobby has been unsuccessful in dealing with the federal government, they
have targeted state and local governments to legitimize smoking marijuana as a medicine.A careful
examination of their legislative and/or ballot proposals reveals they are written to effectively neutralize the
enforcement of most marijuana laws. Crude, intoxicating marijuana under their proposals would be easier
to obtain and use than even the most harmless, low-level prescription drug.
FACT: Major medical and health organizations, as well as the vast majority of nationally recognized
expert medical doctors, scientists and researchers, have not accepted smoking marijuana as a safe and
effective medicine.These organizations include:the American Medical Association,the American Cancer
Society, National Sclerosis Association,the American Glaucoma Association,American Academy of
Ophthalmology, National Eye Institute, National Cancer Institute, National Institute for Neurological
Disorders and Stroke, National Institute of Dental Research, and the National Institute on Allergy and
Infectious Diseases.
FACT:There are thousands of studies available documenting the harmful physical and psychological
effects of smoking marijuana.The harmful consequences include but are not limited to premature cancer,
addiction, coordination and perception impairment, a number of mental disorders including depression,
hostility and increased aggressiveness, general apathy, memory loss, reproductive disabilities,
impairment to the immune system, numerous airway injuries, and other general problems associated with
intoxication.
FACT:The medicinal marijuana movement and its media campaign have helped contribute to the
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LD
changing attitude among our youth that marijuana is harmless, therefore contributing to the increase of
marijuana use among our young people after 12 years of steady decline.
The overriding objective behind this movement is to allow a minority(less than five percent) of our society
to get"stoned"with impunity.This small minority is willing to put our citizens at risk from all the negative
and disastrous effects caused to and by those who are intoxicated. What we don't need in this society is
more intoxicated people on our highways, in workplaces, schools, colleges, or in our homes.
If you would like more information, call the CNOA office at(661)775-6960
By: Dr. Kevin A_ Sabet, ph-D.
909.457,4229 H iiifo@ivdfc.org
ivdfc.org
MEDICAL MARIJUANA IS BAD FOR OUR COMMUNITIES
A native of Southern California, Ket in I Sahel. Ph.D, is an.ldwsor to the Gdnnd d'nllcy Drrrg 1•1re COnrmr,ni y
Coalition(mu n'nvdfc orp)and hac heen researchimi,,and conenlling on driq ahuye nralters lot over Jinrriec n pears
A ,�l�nhn/(.Sc'holur, he is a fbrafeY Office of\'alianal Drug C onu of Policy senror offlicrrrl under the C'hn,un and
Brrch:IrinriMsil'alhrnc and iy cnrrentlp working on a hook analyaing dragpohci.
By Kevin A. Sabet, Ph D.
RIVERSIDE/SAN BERNARDINO COUNTY, CA- May 21, 2008-With all of the talk about
medical marijuana dispensaries in California, it is hard to separate truth and science from ideology and
dogma. In recent years, marijuana activists in the state have donned white coats and exclaimed a new
found concern for the seriously ill,while legislators and judges have been left to wrestle with the
consequences of a poorly written referendum, Proposition 215. Unfortunately; Proposition 215 has
nothing to do with the sick and dying, as a simple read of its text reveals that marijuana can be legally
recommended for"any illness for which marijuana provides relief" This has led to a multi-million dollar,
state sanctioned drug distribution industry, resulting in a substantial increase in medical fraud (the drug
has been recommended for everything from hangnails to fatigue to reduced sex drive), "medical
marijuana" use by minors, and increased local crime.
That is why scores of California localities, like the northern cities of San Pablo, San Rafael,
Concord, Dublin, Fremont, Livermore, Newark, Pleasanton, and the southern cities of San Diego, San
Marcos,Anaheim Oxnard, Rancho Cucamonga, Norco, Hemet, Fontana, Murrieta, Temecula, Colton,
Chino(among others), and after thoroughly studying the issue, have came out with a ban on such
dispensaries. They should be commended. A recent article in the Los Angeles Times, "This bud's for
you, and you, and you"by Joel Stein and a 2007 expose by 60 Minutes have revealed just how easy it is
to obtain marijuana—"sick"or not. So it is also not surprising that the Food and Drug Administration,
American Medical Association, and the renowned Mayo Clinic have come out against smoked marijuana
as a so-called"medicine."A landmark study almost ten years ago, conducted by the Institute of Medicine,
stated that"...smoked marijuana should generally not be recommended for...medical use."Smoked
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ti
marijuana (smoked anything) has never passed basic medical standards of safety and efficacy
Medical marijuana dispensaries mask as havens for the sick,when in reality they serve as city
condoned centers for drug use. Of course there may be some people who genuinely use it to"feel
better'from their illness, but smoking a drug as volatile and unstable as marijuana is like chewing on
willow bark to partake in the benefits of aspirin. For those whose doctors think that some components of
the cannabis plant may be therapeutic, Mannot, derived from the plant's most active ingredient,THC,
already exists.Though it's not often prescribed, doctors have the right to prescribe this drug if they feel it
would best serve their patient(though non-cannabis based drugs are almost always chosen as a first
resort). Other isolated components in marijuana—delivered in aerosol sprays or patches—are currently
being studied and research in this area is important. Cannabis-based drugs could indeed open new
pathways to fight obesity, nausea, multiple sclerosis, and other illnesses, but,just as someone should not
inject heroin to gain the therapeutic effects of morphine, these drugs need to be used in the proper
context and setting.
Legalizing smoked marijuana under the guise of medicine is irresponsible and contradictory to
basic scientific standards for therapeutic drugs. Even if smoking marijuana might make someone"feel
better,"that is not enough to call it a medicine If that was the case,then tobacco cigarettes or vodka
shots could be called medicine because they are often attributed to making one"feel better."
Furthermore, it is contrary to common sense and established law to have the electorate, influenced by big
spending from pro-marijuana interest groups, decide what medicine is.
Serious loopholes exist in Proposition 215 that permit the abuse of current drug laws, and allow
drug dealers to avoid arrest and prosecution.These are key reasons why a large, growing number of
local city and county governments have moved toward banning medical marijuana identification cards
and dispensaries. Other California communities should follow suit. Science needs to be the basis of
both our legal and illegal drug policies, not political ploys designed to legalize smoked marijuana for any
reason.
Concerned communities, parents, educators and youth can learn more about the dangers of
marijuana at www.ivdfc_org.The Inland Valley Drug Free Community Coalition is committed to
strengthening community action for the safety of our children.
Strengthening community action for the safety of our children
12223 Highland Ave #106-305
Rancho Cucamonga, CA 91739
info@ivdfc.org (909)457-4229