Moratorium on medical marijuana dispensaries
WHEREAS, the [name of city] Municipal Code, including the [name of city] Zoning Code, currently lacks the ability to regulate medical marijuana dispensaries or the sale or distribution of medical marijuana by an existing business; and
WHEREAS, the City of [name of city] (“City”) has received inquiries from potential business owners regarding the possibility of locating a medical marijuana dispensary in the City; and
WHEREAS, the City Council anticipates that (1) a medical marijuana dispensary may locate in the City before a nonurgency ordinance would become effective, and/or that (2) an existing business may begin selling medical marijuana before a nonurgency ordinance would become effective; and
WHEREAS, if medical marijuana dispensaries were permitted to be established or if existing business were permitted to distribute or sell medical marijuana without appropriate regulation, such uses might be established in areas that would conflict with the requirements of the General Plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding medical marijuana dispensaries; and
WHEREAS, other [name of state] cities that have permitted the establishment of medical marijuana dispensaries have witnessed negative secondary effects to public health, safety, and welfare, including increased crime such as burglaries, robberies, or sale of illegal drugs, at the dispensaries and in the areas immediately surrounding the dispensaries; and
WHEREAS, other [name of state] cities that have permitted the establishment of medical marijuana dispensaries have experienced federal Drug Enforcement Agency (“DEA”) enforcement raids and prosecution at the dispensaries, displacement of businesses, and vacant tenant spaces as a result of the enforcement raids; and
WHEREAS, City staff requires time to develop appropriate regulations for the sale of medical marijuana in a manner that is consistent with state and federal laws; and
WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit medical marijuana dispensaries and the sale of medical marijuana at existing businesses within the City; and
WHEREAS, Government Code Sections [numbers of code sections] expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time