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SR - ORD-10-15 - SECOND READING PROHIBITING SELLING CULTIVATING DISTRIBUTINGORDINANCE 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 of Riverside 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: I ITEM: DATE OF MEETING: --