HomeMy WebLinkAboutORD 10-15 Amending Chapter 5.89 For Prohibiting Business of CannabisORDINANCE NO. 10 -15
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 5.89 OF
THE OMC PROHIBITING THE BUSINESS OF
SELLING, CULTIVATING OR DISTRIBUTING
CANNABIS.
WHEREAS, the City of Orange has historically prohibited commercial cannabis
activity; and
WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate
Use Act ( "CUA "), which provides that a patient or the patient's primary caregiver who possesses
or cultivates marijuana for the personal medical purpose of the patient upon an oral or written
recommendation from a physician may assert these facts as an affirmative defense to prosecution
under California's marijuana laws; and
WHEREAS, except as provided above, possession, distribution, cultivation and
transportation of marijuana is still a violation of state law and can be prosecuted as such; and
WHEREAS, in January 2004, the state legislature enacted the Medical Marijuana
Program (MMP) to clarify the scope of the CUA; and
WHEREAS, notwithstanding the CUA and MMP, the Federal Controlled Substances
Act classifies marijuana as a Schedule I narcotic and under federal law the manufacture,
distribution, or possession of marijuana is a criminal offense and physicians are still prohibited
from prescribing marijuana because the federal Food and Drug Administration regulates
prescription drugs; and
WHEREAS, in City ofRiverside v. Inland Empire Patients Health and Wellness Center,
Inc., (2013) 56 Cal.4 729, the California Supreme Court held that nothing in the CUA or the
MMP limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the
use of its land; and
WHEREAS, Governor Brown has recently signed three (3) bills into law (AB266, AB
243 and SB 643) which, among other things, allow the City to completely prohibit commercial
medical cannabis activities.
NOW THEREFORE, the City Council of the City of Orange hereby ordains as follows:
SECTION I
Chapter 5.89 of the Orange Municipal Code shall be deleted in its entirety and replaced
with a new Chapter 5.89 to read as follows:
Chapter 5.89
Medical Cannabis Businesses
5.89.010 Definitions.
a) The definitions in Business and Professions Code section 19300.5 and Health and
Safety Code section 11362.7, as they may be amended from time to time, apply to this chapter
and are incorporated by reference.
b) The term "Cannabis" includes "Marijuana."
5.89.020 Prohibitions.
a) Commercial cannabis activity of all types is prohibited. No person shall establish,
operate, conduct, or engage in commercial cannabis activity in the city.
b) Cultivation of cannabis is prohibited. No person, including a qualified patient or
primary caregiver, shall cultivate cannabis in the city.
c) Delivery of cannabis to or from any location in the city is prohibited. No person
shall conduct any delivery of cannabis that either originates or terminates in the city and no
person shall own, manage, or operate a cannabis delivery service or business in the city. No
person shall lease or offer to lease any facility or location in support of a cannabis delivery
service.
d) Dispensing cannabis is prohibited. No person shall dispense cannabis in the city.
e) Cannabis dispensaries are prohibited. No person shall own, manage, operate, or
work in, whether as an employee, volunteer, or independent contractor, a cannabis dispensary in
the city. No person shall lease or offer to lease any facility or location for use as a cannabis
dispensary.
5.90.030 Public Nuisance.
Any violation of this Chapter shall constitute a public nuisance and may be abated as
provided in Chapter 1.08 of this Code and /or under state law.
5.90.040 Penalty.
Any person who violates this section shall be guilty of a misdemeanor and fined up to
1,000 and /or be imprisoned in Orange County Jail for a period of up to six months."
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SECTION II:
The City Council finds that this Ordinance is not a project and is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Title 14, California Code of
Regulations, Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it has no
potential for resulting in physical change to the environment.
SECTION III
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION IV
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper
of general circulation, published, and circulated in the City of Orange. The City Clerk shall post
in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along
with the names of those City Council members voting for and against the Ordinance in
accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30)
days from and after the date of its final passage.
ADOPTED this 12th day of January 2016.
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T esa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. , City, Glvfrly Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 8th day of December 2015, and thereafter at the regular meeting of said City Council duly
held on the 12th day of January 2016, was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nichols
ABSTAIN: COUNCILMEMBERS: None
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