of land or structures within a land use zone must be in accord with its State-mandatedGeneral Plan. Santa Fe Springs has a General Plan that is fully compliant with State law.Santa Fe Springs has never authorized medical marijuana uses in any zone within itsboundaries. Neither California’s Compassionate Use Act of 1996 nor the MedicalMarijuana Program Act, Cal. Health & Safety Code §11362.7 and following, overruledlocal land use zoning authority.If you are a medical marijuana landlord with a lease that requires your tenants to complywith the law, this Cease and Desist letter clarifies that your medical marijuana tenant isviolating the law.
ARIJUANA IS A
Under 21 United States Code §812, marijuana is a Schedule I controlled substance, thepossession and use of which is illegal. Schedule I substances have been determined bythe United States Congress to have a high potential for abuse, to have no currentlyaccepted medical use in treatment in the United States, and to lack accepted safety for useof the drug under medical supervision.On June 21, 2011, Drug Enforcement Administration Administrator Michele Leonhart, ina letter to a Mr. Kennedy of the Coalition For Rescheduling Cannabis, denied a petitionto remove marijuana from Schedule I and place it on a different schedule. DEAAdministrator Leonhart’s letter of denial stated, in part:In accordance with the Controlled Substances Act rescheduling provisions,after gathering the necessary data, DEA requested a scientific and medicalevaluation and scheduling recommendation from the Department of Healthand Human Services (DHHS). DHHS concluded that marijuana has a highpotential for abuse, has no accepted medical use in the United States, andlacks an acceptable level of safety for use even under medical supervision.Therefore, DHHS recommended that marijuana remain in schedule I.In short, marijuana continues to meet the criteria for schedule I control underthe CSA because:1)
Marijuana has a high potential for abuse.
The DHHS evaluation and theadditional data gathered by DEA show that marijuana has a high potential forabuse.