HomeMy WebLinkAbout2010-07-27; City Council; Resolution 2010-1941 RESOLUTION NO. 2010-194
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RESPONDING TO THE 2009/2010 SAN DIEGO COUNTY GRAND
3 JURY REPORT ON MEDICAL MARIJUANA IN SAN DIEGO
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5 WHEREAS, the City Council of Carlsbad, California received a copy of the
6 2009/2010 San Diego County Grand Jury report on Medical Marijuana in San Diego;
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8 WHEREAS, the report sought to balance the concerns of patients for who the
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use of medical marijuana has been legally recommended with the concerns of residents
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disturbed by the activities that surround marijuana stores opening in their communities;
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and
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WHEREAS, it is the view of the Grand Jury that this balance can be achieved by
the adoption of enforceable ordinances for the licensing and monitoring of a limited
15 number of medical marijuana collectives and cooperatives in the eighteen cities and the
16 unincorporated areas of the County; and
17 WHEREAS, the report acknowledges that the issues have been compounded by
18 a legislative/judicial quagmire of conflicting federal, State and local regulations and
19 recent court decisions; and
20 WHEREAS, the Grand Jury's report contains findings and recommendations in
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an effort to address medical marijuana issues on a regional basis throughout the
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County; and
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WHEREAS, the City retains its very broad and general police powers to regulate
25 and define business regulations, and land uses by local law, notwithstanding the
26 Compassionate Use Act of 1996 and the Medical Marijuana Program Act; and
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WHEREAS, The City of Carlsbad views medical marijuana collectives and
cooperatives as an enterprise that is prohibited under the City's zoning ordinance as a
non-permitted use and non-permitted business under its licensing ordinance; and
WHEREAS, California Penal Code section 933.05 requires a written response to
the Presiding Judge of the Superior Court addressing the Grand Jury's findings and
recommendations applicable to the responding agency, the City of Carlsbad.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council does hereby authorize the Mayor to sign the letter on
behalf of the City Council of Carlsbad responding to the 2009/2010 San Diego County
Grand Jury Report on Medical Marijuana in San Diego.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of July ,
2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
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