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Chapter 12.26


12.26.010    Purposes.

12.26.030    Reserved

12.26.035    Recreational cannabis.

12.26.040    Medical cannabis collectives.

12.26.050    Availability in pharmacies.

12.26.060    Quality control encouraged.

12.26.070    Permissible quantities of medical cannabis.

12.26.080    Transportation of medical cannabis.

12.26.090    Medical cannabis paraphernalia.

12.26.100    Police procedures and training.

12.26.110    Cannabis Commission.

12.26.120    Emergency Distribution.

12.26.130    Medical cannabis organizations.

12.26.140    Compliance with all applicable laws.

12.26.150    Violations of square footage limitations not punishable as public offenses--public nuisance.


This initiative shall be known and may be cited as the Patients Access to Medical Cannabis Act of 2008. (Ord. 7068-NS § 1, 12/08/08)

Findings And Declarations.

The People of the City of Berkeley find all of the following to be true:

A.    We strongly support the right of seriously ill patients to use medical cannabis in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraines, or any other serious illness or condition for which cannabis provides relief.

B.    We strongly oppose the arrest, prosecution, and incarceration of persons legally-qualified under the Compassionate Use Act of 1996 (Proposition 215) by local, state, or federal law enforcement.

C.    There is a need in our community for safe and affordable access to medical cannabis.

D.    In the absence of meaningful state regulation, it is necessary for local governments to adopt policies and guidelines for the purpose of facilitating safe access and protecting patients.

E.    The provision of medical cannabis should occur in a safe and orderly manner in order to protect patients and the community. In the absence of clear guidelines, there has been a lack of consistency in the permitting and regulation of medical cannabis dispensing.

F.    There is a need for specific instructions for City officials and staff in order to eliminate this inconsistency.

G.    There are no scientifically valid studies that determine the yield of medicine based on specific numbers of plants or the quantity of medication necessary for a patient. Berkeley’s arbitrarily- low cultivation limits place undue burdens on local patients, and therefore require revision based on patient’s needs.

H.    The People of the City of Berkeley further find and declare that we enact this initiative pursuant to the powers reserved to the State of California, the City of Berkeley, and its people under the Tenth Amendment to the United States Constitution. (Ord. 7068-NS § 2, 12/08/08)