pages: PlanningBoard/2010-01-11.pdf, 6
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PlanningBoard | 2010-01-11 | 6 | Board Member Cunningham motioned, seconded by Board Member Kohlstrand, to deny the additional truck delivery hours. Motion to deny the use permit request is approved on a vote of 7-0-0. 9-C Zoning Text Amendment - Medical Marijuana Dispensaries - Applicant: City of Alameda. A proposed text amendment to amend the Alameda Municipal Code to prohibit establishment of medical marijuana dispensaries within the City of Alameda. Staff presented the proposed ordinance. Board Member Cook asked whether pharmacies could dispense medical marijuana. Staff commented that it was not aware of any pharmacy that included this as an elements of their operation and was not familiar with laws governing the operation of pharmacies. President Ezzy Ashcraft opened the public comment period. Ms. Arbuckle, Alameda resident, spoke in support of allowing medical marijuana dispensaries within Alameda and requested that the Planning Board recommend that the City Council adopt an ordinance allowing such dispensaries. Mr. Hausman, Alameda resident, spoke in support of allowing medical marijuana dispensaries and cited that crime statistics do not speak in favor of an outright prohibition. She added that careful regulations could be drafted that would mitigate potential impacts to a community. President Ezzy Ashcraft closed the public comment period. President Ezzy Ashcraft shared her field observations from a visit to a medical marijuana dispensary in the City of Oakland. Board Member Cunningham asked Ms. Faiz, City Attorney, if the City has legal grounds to prohibit medical marijuana dispensaries. Ms. Faiz, City Attorney, stated that California has passed several laws that decriminalize smoking and cultivating marijuana, but there is not a mandate allowing dispensaries. Board Member Kohlstrand felt this topic warranted a careful discussion amongst board members and stated that prohibiting medical marijuana dispensaries may be a disservice to the community without further debate on the issue. President Ezzy Ashcraft stated that changes are afoot in the State Assembly and that there would be more guidance and regulations in the future, plus she understood that a measure regarding medical marijuana would be on a future ballot in California. Board Member Cook asked that staff clarify the moratorium timeframe. Staff stated that the moratorium could only be extended one more time and even with such an extension, would end in November 2010. It is staff's intention to have something established in the Municipal Code prior to the end of the moratorium. Page 6 of 9 | PlanningBoard/2010-01-11.pdf |