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CC Resolution 11330RESOLUTION NO. 11330 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL SUPPORTING THE SANTA CLARA COUNTY CITIES ASSOCIATION'S RESOLUTION CALLING FOR CONSISTENT FEDERAL AND STATE REGULATION OF MEDICINAL MARIJUANA WHEREAS, the State of California and the federal government of the United States of American have failed to create a consistent, sensible approach to regulation of medicinal marijuana; WHEREAS, the U.S. Food and Drug Administration currently regulates the safety, efficacy, and dosage of virtually every drug having a medicinal use, and thereby allows many of those drugs to be distributed through licensed and regulated pharmacies; WHEREAS, the federal government and State of California have created, both by acting and failing to act, a system in which the burden of regulating a single drug, medicinal marijuana, falls upon local governments lacking the resources to adequately do so; WHEREAS, the failure of local governments to allow the operation of cannabis collectives and cooperatives may subject cities and counties to litigation from those clubs; WHEREAS, the consequence of this inconsistent scheme of regulation places costs and regulatory burdens on cities like the City of Campbell precisely at a time when the City of Campbell confronts its most severe budgetary shortfalls in decades; WHEREAS, until such time as the federal government and State of California can effectively regulate medicinal marijuana, local governments will continue fo be tasked with the responsibility for enforcing the Compassionate Use Act and for regulating the sale, distribution, and use of medicinal marijuana; IT IS THEREFORE RESOLVED THAT: The City of Campbell joins with the Cities Association of Santa Clara County and other local entities calling for: • Consistent federal and state regulation of medicinal marijuana, including re- classifying the drug within the schedules set forth in § 812 of the federal Controlled Substances Act, • A regulatory approach that ensures that the FDA regulates marijuana just as it regulates other drugs purporting to have a medical purpose, and • Distribution of medicinal marijuana through licensed, regulated pharmacies, if distribution should occur at all within the State of California. PASSED AND ADOPTED this 20th day of September 2011, by the following roll call vote' AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ATTE Anne Bybee, City Clerk Waterman, Low, Cristina, Kotowski, Baker None None APP OVED: vr~ ~ , Jas n .Baker, Mayor