§ 47-1. Findings and purpose.

(a)

In enacting this article, it is the intent of the City Council of the City of Citrus Heights to protect the safety and welfare of the general public. The Federal Controlled Substances Act, 21 U.S.C. section 841, prohibits the possession, sale and distribution of marijuana, and the city council finds that sanctioning the opening or establishment of medical marijuana dispensaries or commercial medical marijuana businesses or allowing the delivery of medical marijuana within the city would be inconsistent with federal law.

(b)

Furthermore, the city council finds that medical marijuana dispensaries are public nuisances in that many violent crimes have been committed that can be traced back to the proliferation of marijuana dispensaries, including armed robberies and murders. Increased noise and pedestrian traffic, including nonresidents in pursuit of marijuana, and out of area criminals in search of prey, are commonly encountered near marijuana collectives, cooperatives and dispensaries. The city council further finds that it is reasonable to conclude that medical marijuana deliveries and commercial medical marijuana businesses are likely to cause many of these same adverse impacts.

(c)

Allowing medical marijuana collectives, cooperatives and dispensaries, or allowing commercial medical marijuana businesses or medical marijuana deliveries, would be inconsistent with the city's mission to be the city of choice for residents and businesses to prosper and thrive and be a model of "neighborhood engagement" because medical marijuana dispensaries attract crime and detract from legitimate businesses. Therefore, in order to protect the integrity of the city and the goals upon which this city were founded, the city council finds that it is in the best interest of the residents of the city to prohibit marijuana dispensaries, commercial medical marijuana businesses and medical marijuana deliveries.

(d)

The purpose of this article is to prohibit medical marijuana dispensaries and commercial medical marijuana businesses from being opened or established in the city, and to prohibit medical marijuana deliveries from occurring in the city. Nothing in this article shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

(Ord. No. 2016-008, § 2, 9-22-2016)