You are on page 1of 6

Introduced by Councilmember ,; 1e

ORDINANCE NO. 7 018

AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 17


OF THE PASADENA MUNICIPAL CODE TO ADD A DEFINITION FOR
"MEDICAL MARIJUANA DISPENSARY" AND PROHIBITING SUCH
USE

WHEREAS in 1996 the State of California passed the "Compassionate Use of Marijuana
Law" which allows for the use of marijuana for medical purposes ; and

WHEREAS the Federal Government through its Controlled Substances Act, prohibits the
use and distribution of marijuana; and

WHEREAS the United States Supreme Court in Gonzales v Raich confirmed that the
Controlled Substances Act does not contain a "compassionate use" exemption and therefore it is
a violation of Federal Law to possess or distribute marijuana even if for medical purposes ; and

WHEREAS the Zoning Administrator for the City of Pasadena has rendered an
interpretation of the Zoning Code that a medical marijuana dispensary would be a prohibited use
in the City of Pasadena ; and

WHEREAS the Zoning Code should be amended to reflect that a medical marijuana
dispensary is a prohibited use in the City of Pasadena .

NOW THEREFORE the people of the City of Pasadena ordain as follows:

SECTION 1 . Section 17 .80 .020M entitled. "Definitions, M." is amended by adding the

following:

"Medical Marijuana Dispensary (land use). A facility or location which provides, makes

available or distributes medical marijuana to a primary caregiver, a qualified patient, or a

person with an identification card issued in accordance with California Health and Safety

Code Sections 11362 .5, et seq. This use is prohibited in the City of Pasadena."

SECTION 2. The City Clerk shall certify the adoption of this ordinance and shall cause

this ordinance to be published in full text .


SECTION 3. This ordinance shall take effect 30 days from its publication.

Signed and approved this 12 t h day of September , 2005 .

Bill Bogaard
Mayor of the City of Pasadena

I HEREBY CERTIFY that the foregoing ordinance ; was adopted by the City Council of the City
of Pasadena at its meeting held L 2 th day of Ej ,n r emhP r 2005, by the following vote:

AYES : Councilmembers Gordo, Holden, Little, Streator, Tyler,


Mayor Bogaard
NOES : None

ABSENT Councilmember Haderlein, Vice Mayor Madison

ABSTAIN : None

Date Published: September 15, 2005


Pasadena Journal

Z~iane L. Rodriquez, CM~


City Clerk J
Approved as to forml~

Fr L. Rhemrev
A sistant City Attorney
PAS,1O
OF

zCIO m0CD Ordinance Fact Sheet


.e
J
~RATEG

TO: CITY COUNCIL DATE : AUGUST 22, 2005

FROM : CITY ATTORNEY

SUBJECT: AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 17 OF THE


PASADENA MUNICIPAL CODE TO ADD A DEFINITION FOR "MEDICAL
MARIJUANA DISPENSARY" AND PROHIBITING SUCH USE

TITLE OF THE PROPOSED ORDINANCE :

AN ORDINANCE OF THE CITY OF PASADENA AMENDING THE TITLE 17 OF THE


PASADENA MUNICIPAL CODE TO ADD A DEFINITION FOR "MEDICAL MARIJUANA
DISPENSARY" AND PROHIBITING SUCH USE

PURPOSE OF ORDINANCE:

This proposed ordinance will add a definition for "medical marijuana dispensary" to Title 17
(zoning code) and prohibit such use . Since the term "medical marijuana dispensary" was
previously undefined, the effect of adding such a definition and prohibiting such use would make
it clear that a medical marijuana dispensary is a prohibited use in the City of Pasadena .

On July 18, 2005, the City Council directed preparation of this ordinance.

REASON WHY LEGISLATON IS NEEDED :

The Zoning Code of the City of Pasadena (Title 17) was established by ordinance and can only
be amended by an ordinance of the City Council.

FISCAL IMPLICATIONS :

There are no fiscal implications

MEETING OF 8/22/2005

AGENDA ITEM NO . 9 .A .1 .
CITY COUNCIL PAGE 2 August 22, 2005

ENVIRONMENTAL IMPACT:

The Environmental Administrator has determined that this amendment to the zoning code does
not have a significant effect on the environment and is therefore exempt under CEQA pursuant
to Section 15061(b)(3) of the CEQA Guidelines .

R,pspectfully submitted,
161 6 k'

MICHELE BEAL BAGNERIS


City Attorney

Prepared y: Concurrence:

F K RHEMREV NTHIA J. W
As stant City Attorney City Manag
THE PASADENA JOURNAL NEWS
1541 N. Lake Avenue This space is for Clerk's filing Stamp
Pasadena, CA 91104
(626) 798-3972

PROOF OF PUBLICATION
(2025.5 C.C .P.)

STATE OF CALIFORNIA Proof of Publication of:


County of Los Angeles
ORDINANCE NO. 7018

1 am a citizen of the United States and a resident


of the County of aforesaid. I am the Principal clerk of the
printer of the Pasadena Journal, a newspaper of general SEE ATTACHED
circulation, printed and published weekly in the City of
Pasadena, County of Los Angeles, and which newspaper
has been adjudged a newspaper of general circulation by the
Superior Court of the County of Los Angeles, State of California,
under the date of April 16, 1991, Case Number CO 13336, that
the notice of which is annexed is a printed copy
(set in type not smaller than nonpareil) has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dated to-wit

September 15 in the year 2005 .

1 certify and declare under penalty perjury that the foregoing


is true and correct

Dated at Pasadena, California, this 15th day of September, 2005 .

J'A', hi .",
Signature

Amber Hudson

PROOF OF PUBLICATION
Introduced by Councilmember Little

ORDINANCE NO . 7018

AN ORDINANCE OF THE CITY OF PASADENA AMENDING TITLE 17 OF


THE PASADENA MUNICIPAL CODE TO ADD A DEFINITION FOR
"MEDICAL MARIJUANA DISPENSARY" AND PROHIBITING SUCH USE

WHEREAS in 1996 the State of California passed the "Compassionate Use of


Marijuana Law" which allows for the use of marijuana for medical purposes ; and
WHEREAS the Federal Government through its Controlled Substances Act,
prohibits the use and distribution of marijuana ; and
WHEREAS the United States Supreme Court in Gonzales vRaich confirmed that
the Controlled Substances Act does not contain a "compassionate use" exemption and
therefore it is a violation of Federal Law to possess or distribute marijuana even if for
medical purposes; and
WHEREAS the Zoning Administrator for the City of Pasadena has rendered an
interpretation of the Zoning Code that a medical marijuana dispensary would be a
prohibited use in the City of Pasadena ; and
WHEREAS the Zoning Code should be amended to reflect that a medical
marijuana dispensary is a prohibited use in the City of Pasadena .
NOW THEREFORE the people of the City of Pasadena ordain as follows :
SECTION 1 . Section 17 .80 .020M entitled, "Definitions, M ." is amended by
adding the following :
"Medical Marijuana Dispensary (land use) . A facility or location which
provides, makes available or distributes medical marijuana to a primarycaregiver,
a quali9ed patient, or a'person with an identification card issued in accordance
with California Health and Safety Code Sections 11362.5, et seq. This use is
prohibited in the City of Pasadena ."
SECTION 2. The CityClerk shall certify the adoption ofthis ordinance and shall
cause this ordinance to be published in full text .
SECTION 3. This ordinance shall take effect 30 days from its publication .
Signed and approved this 12th day of September, 2005 .

Bill Bogaard
Mayor of the City of Pasadena

I HEREBY CERTIFY that the foregoing ordinance was adopted by the City
Council of the City of Pasadena at its meeting held this 12th day of September, 2005,
by the following vote:

AYES : Councilmembers Gordo, Holden, Little, Streator, Tyler,


Mayor Bogaard
NOES : None
ABSENT : Councilmember Haderlein, Vice Mayor Madison
ABSTAIN : None

Jane L. Rodriguez, CMC


City Clerk

Date Published: September 15, 2005


Pasadena Journal