ORDINANCE NO. 449.225

AN ORDINANCE OF THE COUNTY OF RIVERSIDE

 EXTENDING INTERIM ORDINANCE NO. 449.224  PROHIBITING

THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES

The Board of Supervisors of the County of Riverside Ordains as Follows:

Section 1.     Pursuant to Section 65858 of the Government Code and Section 20.4 of Ordinance No. 348 and, notwithstanding any provision of Ordinance No. 348 to the contrary, Ordinance  No. 449.223, previously extended by Ordinance No. 449.224, is hereby further extended for an additional one hundred and eighty (180) days from the date of expiration of Ordinance No. 449.224, during which time the establishment of medical marijuana dispensaries is prohibited in the unincorporated areas of Riverside County.  Until this ordinance, expires or is repealed, the County shall not issue a permit of any kind, including a building permit, to any person or entity seeking to establish such a dispensary.  For purposes of this ordinance, the term “medical marijuana dispensary” shall mean any facility where marijuana is made available for medical purposes in accordance with Health & Safety Code Section 11362.5 or any State regulations adopted in furtherance thereof.  For purposes of this ordinance, the word “marijuana” shall have the same meaning as that set forth in Health & Safety Code Section 11018.

Section 2.     Pursuant to Section 65858 of the Government Code and Section 20.4 of Ordinance No. 348, this ordinance is hereby declared to be an urgency measure and shall take effect upon its adoption.  It shall be of no further force or effect on October 4, 2006.  In adopting this ordinance, the Board finds that medical marijuana dispensaries pose a current and immediate threat to the public health, safety and welfare for the following reasons:  it is anticipated that the County will receive a number of applications to establish medical marijuana dispensaries in the near future; existing zoning regulations do not address the establishment of medical marijuana dispensaries and, absent this ordinance, such dispensaries could arguably be located in residential areas or in close proximity to schools, churches, day care centers and other sensitive uses; this is undesirable because other public entities have reported that medical marijuana dispensaries often result in loitering, traffic congestion, parking problems, noise and other harmful secondary effects.      

Section 3.     In adopting this ordinance, the Board reports that measures to alleviate the condition that led to its adoption will be taken and that such measures shall include, but not be limited to, the formulation and adoption of permanent zoning regulations, consistent with State law, that address the establishment of medical marijuana dispensaries and protect the public from their harmful secondary effects.

Section 4.     At least ten (10) days prior to the expiration of this ordinance, the Planning Director shall make a written report to the Board describing therein all measures taken to alleviate the condition which led to the adoption of this ordinance.

Section 5.     This ordinance shall in no way limit the right to possess, use or cultivate marijuana for medicinal purposes as is presently authorized by the laws of the State of California as set forth in the Health and Safety Code.

Section 6.     Medical marijuana users in California may be subject to federal prosecution under existing federal law.

Adopted:  449.225  Item 16.2 of 03/28/2006 (Eff: Immediately)