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|Anaheim Responds to Gov. Brown’s Decision to Veto SB 847 – a Bill Banning Medical Marijuana Dispensaries From Locating Near Residential Properties|
ANAHEIM, CA - (September 21, 2011) - City of Anaheim Mayor Tom Tait and California State Senator Lou Correa expressed disappointment in California Governor Jerry Brown’s decision today to veto Senate Bill 847 which would have barred medical marijuana dispensaries from within 600 feet of residential properties in California. SB 847 was authored by Senator Correa, at the request of the Anaheim City Council.
“Medical marijuana dispensaries do not belong in residential neighborhoods,” said Anaheim Mayor Tom Tait. “Gov. Brown’s veto of SB 847 puts cities such as Anaheim in difficult positions in how to protect our residents from the documented negative secondary effects of medical marijuana. Whereas medical marijuana dispensaries are prohibited from operating within 600 feet of schools, we were looking for that same 600 feet protection in residential neighborhoods. We are disappointed, but Anaheim will continue to seek options that will provide the necessary protection – a safe zone – for our residents.
“I also want to thank Senator Correa and my council colleague Kris Murray for shepherding this effort. Councilmember Murray traveled to Sacramento on behalf of the City in support of SB 847, and I am grateful to everyone who supported our efforts,” said Mayor Tait.
“The goal of SB 847 was to create a zoning restriction to create a buffer zone between residential neighborhoods and medical marijuana dispensaries,” said Senator Correa. “SB 847 would have kept second-hand smoke away from residents and their children, and not subject them second-hand smoke or any other negative circumstances that come with a non-regulated business.”
In 2007 the Anaheim City Council adopted an ordinance prohibiting the operation of medical marijuana dispensaries within the city limits. Shortly after the City Council enacted the ban, the City took enforcement action, which led to the filing of litigation. At that time of the unsettled state of the law, a decision was made to focus on resolving the legal issue in the pending litigation and monitor the medical marijuana dispensaries in Anaheim for potential secondary effects of these establishments on the community. The adverse impacts of a medical marijuana dispensary in a residential neighborhood led the City to enact a moratorium on January 18, 2011, prohibiting medical marijuana dispensaries in Anaheim. The City has been actively enforcing this moratorium. On Aug. 15 of this year, Superior Court Judge David Chaffee ruled in favor of Anaheim’s ban on medical marijuana dispensaries.
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