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ORDINANCE NO. 2015-33 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, IMPOSING AN <br />EXPRESS BAN ON MARIJUANA CULTIVATION, <br />MARIJUANA PROCESSING, MARIJUANA DELIVERY, <br />AND MARIJUANA DISPENSARIES IN THE CITY <br />WHEREAS, in 1996, the voters of the State of California approved Proposition <br />215 (codified as Health & Safety Code Section 11362.5 et seq. and entitled "The <br />Compassionate Use Act of 1996" referred to herein as the "CUA"); <br />WHEREAS, the intent of the CUA was to enable seriously ill Californians to <br />legally possess, use, and cultivate marijuana for medical use under state law once a <br />physician has deemed the use beneficial to a patient's health; <br />WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical <br />Marijuana Program ("MMP"), codified as Health and Safety Code Section 11362.7 et <br />seq., which permits qualified patients and their primary caregivers to associate <br />collectively or cooperatively to cultivate marijuana for medical purposes without being <br />subject to criminal prosecution under the California Penal Code; <br />WHEREAS, neither the CIIA nor the MMP require or impose an affirmative duty <br />or mandate upon a local government to allow, authorize, or sanction the establishment <br />of facilities that cultivate or process medical marijuana within its jurisdiction; <br />WHEREAS, in May 2013, the California Supreme Court issued its decision in <br />City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., et al., <br />holding that cities have the authority to ban medical marijuana land uses; <br />WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C. <br />Section 801 et seg., the use, possession, and cultivation of marijuana are unlawful and <br />subject to federal prosecution without regard to a claimed medical need; <br />WHEREAS, on October 9, 2015, Governor Jerry Brown signed the "Medical <br />Marijuana Regulation and Safety Act" (" Act"), which is comprised of the state legislative <br />bills known as AB 243, AB 266, and SB 643, into law; <br />WHEREAS, the Act becomes effective January 1, 2016 and contains provisions <br />that govern the cultivating, processing, transporting, testing, and distributing of medical <br />cannabis to qualified patients. The Act also contains new statutory provisions that: <br />• Allow local governments to enact ordinances expressing <br />their intent to prohibit the cultivation of marijuana and their intent <br />not to administer a conditional permit program pursuant to Health & <br />Safety Code Section 11362.777 for the cultivation of marijuana <br />(Health & Safety Code § 11362.777(c)(4)); <br />