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E!/E?ETT <br /> ORDINANCE NO. 3274-12 <br /> An Ordinance relating to medical cannabis, amending Ordinance <br /> No. 3232-11, and extending the moratorium on collective gardens <br /> an additional six months. <br /> Whereas,the City Council finds that: <br /> 1. On July 20, 2011,the City Council held a public hearing and adopted a <br /> moratorium relating to medical cannabis collective gardens ("collective gardens"); and <br /> 2. The moratorium, as enacted, is effective until July 20, 2012; and <br /> 3. State law allows, under certain conditions, collective gardens and provides the <br /> City the authority to adopt zoning and health and safety regulations relating to collective <br /> gardens; and <br /> 4. The federal government asserts that regulatory laws allowing or facilitating <br /> medical cannabis activities violate the federal Controlled Substances Act, 21 U.S.C. § 801 et <br /> seq.,will not provide legal protection to medical cannabis patients and providers, and will <br /> expose the City's officials and employees to possible criminal prosecution; and <br /> 5. Unregulated collective gardens are anticipated to have negative secondary <br /> impacts including a possible increase of criminal activity in the area of the collective gardens, a <br /> possible increase in illegal drug activity in the area of the collective gardens, and possible illegal <br /> distribution of medical cannabis and may present health and safety concerns related to the <br /> handling of chemicals used in the growing and processing of cannabis,the ventilation of <br /> collective gardens and related air quality issues, and the electrical wiring of collective garden <br /> facilities; and <br /> 6. The current conflict between federal and state law prevents the City from fully <br /> regulating the negative secondary impacts and health and safety concerns of collective gardens; <br /> and <br /> Page 1 of 5 <br />