On November 5, 1996, the voters of the state of California approved Proposition 215 enacting Section 11362.5 of the Health and Safety Code (the "Compassionate Use Act"). That section permits, for purposes of state law, the limited use, cultivation and possession of marijuana for specified medical purposes. However, the use, cultivation and possession of marijuana for other purposes remains illegal within this state and is presently illegal under federal laws.
While recognizing the enactment of Health and Safety Code Section 11362.5, the city council believes that the open and public use of marijuana, which might otherwise be permitted by that section, is injurious to public health in many of the same ways that tobacco consumption is injurious to public health, due to exposure to second-hand smoke. Further, the open and public consumption of marijuana is potentially harmful to youths in that it sets a deleterious example regarding the use of illicit drugs. Therefore, the city council believes it is necessary to balance the uses of marijuana permitted by Section 11362.5 with the concerns for public health and safety. (Ord. 2015-0008 § 4)