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ORDINANCE INTO 2851 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER I8 18 OF THE REDLANDS MUNICIPAL CODE TO PROHIBIT MARIJUANA DISPENSARIES, MARIJUANA MANUFACTURERS, MARIJUANA CULTIVATION, AND DELIVERY OF MARIJUANA IN THE CITY WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (codified as Health & Safety Code Section 11362 5 et seq and entitled "The Compassionate Use Act of 1996"), and WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to legally possess, use, and cultivate marijuana for medical use under state Iaw, and WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical Marijuana Prob atm ("MMP"), codified as Health and Safety Code Section 11362 7 et seq , which permits qualified patients and their primary caregivers to associate collectively of cooperatively to cultivate marijuana for medical purposes without being subject to criminal prosecution under the Penal Code, and WHEREAS, neither the Compassionate Use Act ("CUA") nor the MMP require nor impose an affirmative duty of mandate upon local governments to allow, authorize, or sanction the establishment of facilities that cultivate or process medical marijuana within its jurisdiction, and WHEREAS, in May 2013, the California Supreme Court issued its decision in City of Riverside v Inland Enipire Patients Health and 1,Velh7ess Centei, Inc (2013) 56 Cal 4th 729, holding that cities have the authority to regulate of ban outright medical marijuana land uses, and WHEREAS, under the Federal Contiolled Substances Act, codified in 21 U S C Section 801 et seq , the use, possession, and cultivation of marijuana are unlawfiil and subject to federal prosecution without regard to a claimed medical need, and WHEREAS, on October 9, 2015, Governoi Jerry Brown signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law, and WHEREAS, the Act becomes effective January 1, 2016 and contains provisions which allow for local governments to regulate licenses and certain activities thereunder, and WHEREAS, the Act contains a provision which sets forth that the State shall become the sole authority for regulation under certain parts of the Act, unless local governments have "land use regulations of ordinances regulating or prohibiting the cultivation of marijuana " (Health and Safety Code §11362 777(c)(4)), and 1 I lcclerk\Ordmances\Nos 2800-2899 in Word12851 Medical Marihuana DJM Revised 9 5 17-clean doc