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gs;01.4„ <br /> ORDINANCE NO. 3232-11 <br /> An Emergency Ordinance relating to medical cannabis, declaring <br /> an emergency to exist, and declaring a moratorium upon the <br /> acceptance of applications. <br /> Whereas,the City Council finds that: <br /> 1. Initiative Measure 692, approved November 1998,permitted the medical use of <br /> marijuana for certain terminal and debilitating conditions; and <br /> 2. The Legislature enacted E2SSB 5073 (Chapter 181,Laws of 2011),which was <br /> partially vetoed by the Governor, and becomes effective July 22,2011; and <br /> 3. E2SSB 5073 § 102 details the Legislature's intent that"[h]umanitarian <br /> compassion necessitates that the decision to use cannabis by patients with terminal or debilitating <br /> medical conditions is a personal, individual decision based upon their health care professional's <br /> professional medical judgment and discretion"and that qualifying patients "shall not be arrested, <br /> prosecuted,or subject to other criminal sanctions or civil consequences under state law based <br /> solely on their medical use of cannabis, notwithstanding any other provision of law"; and <br /> 4. E2SSB 5073 § 403 allows a patient to join a collective garden to produce, <br /> process,transport,and deliver cannabis in order to safely procure necessary cannabis when they <br /> may be otherwise unable to grow their own cannabis; and <br /> 5. E2SSB 5073 does not place restrictions on collective gardens to assure their <br /> compliance with state law requirements, integration into local zoning schemes and plans, orderly <br /> distribution, or safe operation, but allows local governments to"adopt and enforce . . . [z]oning <br /> requirements, business licensing requirements, [and] health and safety requirements" "pertaining <br /> to the production,processing, or dispensing of cannabis or cannabis products within their <br /> jurisdictions"; and <br /> 6. The ambiguity of the regulatory scheme, its inconsistency with federal law, and <br /> the lack of sufficient time to study the issue and adopt regulations prior to the effective date of <br /> E2SSB 5073 creates a risk of the proliferation of collective gardens without adequate regulation <br /> Page 1 of 5 <br />