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ORDINANCE 2249 <br />AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING LOS GATOS <br />MUNICIPAL CODE TITLE 18, SECTION 14.120 PROHIBITING THE <br />ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES, TO FURTHER <br />PROHIBIT MARIJUANA CULTIVATION AND DELIVERIES <br />THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: <br />SECTION 1. FINDINGS <br />1. In 1970, Congress enacted the Controlled Substances Act (CSA) which, among other <br />things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the <br />United States. <br />2. In 1996, voters of the State of California approved Proposition 215, known as the <br />Compassionate Use Act (CUA), codified as Health and Safety (H &S) Code Section <br />11362.5. <br />3. The CUA creates limited exemptions from state criminal liability for seriously ill <br />qualified patients who are in need of medical marijuana for specified purposes and <br />who obtain and use marijuana under limited, specified circumstances. <br />4. In 2003, the State Legislature enacted the Medical Marijuana Program Act (MMPA) <br />(H &S Code §§ 11362.7 - 11362.83) to clarify the scope of the CUA and allow cities <br />and other governing bodies to adopt and enforce regulations consistent with the <br />MMPA. <br />5. The CUA expressly anticipates the enactment of additional local legislation by stating: <br />"[n]othing in this section shall be construed to supersede legislation prohibiting <br />persons from engaging in conduct that endangers others, nor to condone the diversion <br />of marijuana for nonmedical purposes." (H &S Code § 11362.5). <br />6. Neither the CUA nor MMPA create a right to the unregulated cultivation of medical <br />marijuana and California courts recognize that the regulation of cultivation of medical <br />marijuana does not conflict with either the CUA or MMPA. (Browne v. County of <br />Tehama (2013) 213 Cal.AppAth 704; Maral v. TOWN of Live Oak (2013) 221 <br />Ca1.App. 4th 975.) <br />7. Neither the CUA nor MMPA preempt a TOWN's police power to prohibit the <br />cultivation of all marijuana within that TOWN. (Mara! v. TOWN of Live Oak, supra, <br />221 Cal.App. 4th 975.) <br />8. Several California cities and counties have experienced offensive and serious adverse <br />impacts associated with and resulting from cultivation of marijuana. According to these <br />cities, cultivation of marijuana increases risks of criminal activity, degrades the natural <br />environment, and poses fire hazards to the land itself and surrounding areas. <br />Ordinance 2249 Pagel of9 February 16, 2016 <br />