(a) Findings. The City Council makes the following findings regarding the need to regulate within the city:
(1) Since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule I drug under 21 U.S.C. §§ 801 et seq. Because of this, credit card companies will not authorize transactions and therefore the business must consist of primarily cash transactions.
(2) customers must, under the state , be certified by a health care practitioner as having a medical condition that has been determined by the under the to be a “qualifying condition”; however, under federal law, physicians cannot legally prescribe . Thus customers must visit the to be seen by a pharmacist who determines the type and dosage of appropriate for their condition.
(3) customers with “qualifying conditions” will include individuals with severely compromised immune systems or other significant health conditions, making them extremely vulnerable targets for thieves seeking either the cash they carry for the product or the product itself. The has indicated that the field of “qualifying conditions” is likely to expand to cover chronic pain and that this expansion will greatly increase the number of seeking .
(4) is relatively expensive with cash transactions in the range of several hundred dollars per month’s supply. Few, if any, health insurance companies provide coverage for . Because of this high out-of-pocket cost, there has developed in other states authorizing distribution a black market for stolen product.
(5) To safeguard the public health, safety and welfare, and to help stabilize costs associated with the regulation of the distribution industry, it is necessary to closely regulate its method of operation and also to restrict the number of permitted to conduct business within the community.
(b) Purpose statement. The City Council enacts this Division of the city code in order to further the following objectives:
(1) The prevention of from being used as facilities for the commission of crime.
(2) The protection of vulnerable individuals carrying either large amounts of cash or valuable product.
(3) The promulgation of safety and security standards to be adhered to by the medial marijuana distribution industry.
(4) To separate youth and sensitive uses from the medial marijuana distribution industry.
(5) To protect property values, prevent blight, and protect the public health, safety and general welfare.
(6) To stabilize the city’s costs of regulating the medial marijuana distribution industry, particularly as it expands with the determining a broader range of “qualifying conditions” under the .
(Ord. 2015-27, passed 10-19-2015)