UPDATE: Proposed MMJ Ordinance is tentatively scheduled to be heard at the April 22 San Diego City Council meeting at 2pm Here is the complete package that will be presented to council that day it includes Executive Summary, Draft Ordinance, List of Proposed Zones, and Zoning Maps.
EXECUTIVE SUMMARY SHEET
REQUESTED ACTIONS: Provide staff with direction on how to proceed with drafting the ordinance.
The issue of whether the medical marijuana dispensaries should be permitted to operate within the City began in earnest with the establishment ofthe Medical Marijuana Task Force (MMTF) in October 2009. The MMTF was established to advise the C ity Council on guidelines for patients and primary caregivers, the structure and operation of cooperatives. and police enforcement. On November 12, 2009, the MMTF issued its recommendations.
On March 28, 201 l, the City Council adopted an ordinance establishing medical marijuana consumer cooperatives as a permitted use in the CR-E-l commercial zone and the IL~1~3 and IS-l-l industrial zones subject to restrictions. ln general, there were two reactions to the ordinance. The first was that the ordinance was too restrictive in allowing medical marijuana dispensarìes in such a limited number of zones second, that an ordinance allowing medical marijuana dispensaries should not have been approved. As a result of the first reaction that the limited zones with an expansive number of buffer areas protecting “Sensitive Receptorsllcreated a virtual ban on dispensaries anywhere a petition to place the matter on the ballot was circulated and received enough signatures to require the City Council to either place the item on the ballot or to repeal the ordinance. On September 2’?, 201 l, the City Council voted to repeal the ordinance.
On January 28, 2013, the Mayor committed to the City Council that he would bring forward a new draft ordinance for the CouneiVs consideration within 30 days, and that the new draft would be based on the ordinance the Council passed previously.
This proposal to amend the Municipal Code to permit medical marijuana dispensaries is based on
o To allow patients in need with a proper prescription access for thc compassionate use of
medical marijuana throughout San Diego.
o To allow limited competition in permissible zones so that patients can find the strain they
need to alleviate their symptoms and to improve the quality of their lives.
l» To prevent dìspensaries from encroaching on our residential neighborhoods.
0 To promore legal and responsible business practices among dispensaljfr operators
l To protect children from unprescribed use.
The amendments to the Land Deveìoprnent Code reñect where this proposal differs from the amendments approved in March 2011. The major differences between the previously approved Medical Marijuana Ordinance and this discussion draft are as foìlows:
l The “medical marijuana consumer cooperative” has been renamed “medical marijuana
dispensary” and the defînition modifîed.
0 The permit requirement has been changed from a Conditional Use Permit (CUP) Process
Four to a Neighborhood Development Permit (NDP) Process Two.
D The number of zones where a medical marijuana dispensal’y may be permitted has been
expanded to include ail ofthe Community Commercial (CC) zones,
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