Ordinance No. 2022-12-05-01  ORDINANCE NO. 2022-12-05-01  AN ORDINANCE TO AUTHORIZE THE OPERATION OF MEDICAL DISPENSARIES WITHIN THE CORPORATE LIMITS OF THE CITY OF CANNABIS  PURSUANTTO. ALA. CODE 1975, $ 20-2A-51(c).  ASHLAND,  WHEREAS, during the 2021 Regular Session oft the Alabama known as the Darren Wesley 'Ato' Hall Compassion Act, (the Title 20, Chapter 2A, Code of Alabama 1975, "to  Legislature, Act 2021-450, "Act"), was enacted and codified in  for the cultivation, processing, and distribution create within Alabama a wholly intrastate system  own residents from the  that  ofmedical cannabis in the interest of protecting its  danger recreational cannabis poses" Ala. Code 1975, $ 20-2A-2; and  WHEREAS, the Act legalizes and establishes a comprehensive  medical cannabis, including the licensing and strict regulation of the regulatory framework for  transporting, testing, and dispensing of medical cannabis; and  cultivation, processing,  WHEREAS, the Act specifically finds as follows: "Establishing aj  the administration ofcannabis derivatives for medical use in this state will not program providing for  by providing relief for pain and other debilitating  only benefit patients provide state and revenue  patients with these  symptoms, but also provide opportunities for  debilitating conditions to function and have al better quality oflife and  employment and business opportunities for farmers and other residents of this to state and local governments."Ala. Code 1975, $20-2A-2; and  WHEREAS, the Act defines a "dispensary" as an entity licensed by the.  Cannabis Commission that is "authorized to dispense and sell: medical cannabis at Alabama Medical tor registered qualified patients and registered caregivers" Ala. Code 1975, 8 20-2A-3;and dispensing sites WHEREAS, the Act defines an "integrated facility" as an entity licensed "to functions of a cultivator, processor, secure transporter, and dispensary" Ala. Code perform the  2; and  1975, $20-2A- by dispensary  WHEREAS, the Act defines a "dispensing site" as a site that is "operated a  licensee or an integrated facility licensee" Ala. Code 1975, $20-2A-2; and  WHEREAS, the Act prohibits a dispensary and an integrated facility from operating a dispensing site within a municipality unless the governing body of that municipality has ordinance authorizing the operation of dispensing sites within its boundaries Ala. Code adopted 1975,  an  $8 20-2A-51,20-2A-64, and 20-2A-67; and  WHEREAS, the Act "does not prohibit a municipality from adopting zoning ordinances restricting the operation of dispensing sites within its corporate limits" Ala. Code 1975, $ 20-2A-  5l;and  Page 1of3    Ordinance! No. 2022-12-05-01  WHEREAS, in accordance with the authority conferred on municipalities under the Act  the  health, safety of  and general welfare, the City Council  and in order to protect and promote public  sites for state-licensed  of the City of Ashland desires to authorize the operation dispensing  Alabama.  and integrated facilities within the corporate limits of the City of Ashland, NOW,THEREFORE, BE IT ORDAINED by the City Council of the City of Ashland, 1. That the City Council of the City of Ashland authorizes the operation of medical cannabis dispensing sites by dispensary licensees and integrated facility licensees within the corporate limits of the City of Ashland, subject to the provisions of Act2 21- 450, the rules and regulations promulgated thereunder, and applicable city laws, resolutions, and ordinances, as such may be amended at any time and from time to time; 2. That the City Clerk-Treasurer oft the City of Ashland or his designee is hereby directed tof forward a copy ofthis Ordinance to the. Alabama Medical Cannabis Commission not 3. That each and every provision of this Ordinance is hereby declared to be severable SO that, if any provision is declared unconstitutional or invalid by a valid judgment ofa court of competent jurisdiction, such judgment shall not affect the validity of any other provision, for the City Council declares that it is its intent that it would have enacted this Ordinance without such invalid or unconstitutional provision(s); and This Ordinance will be published in compliance with Ala. Code 1975, $11-45-3.  dispensaries  Alabama as follows:  more than seven calendar days afteri its adoption; and  The Ordinance shall become effective upon publication. ADOPTED AND APPROVED, this 19th day of December  2022.  Page 2of3    Ordinance No. 2022-12-05-01  thulett City Clerk, City of Ashland Assistant  d2 Mayor, City of Ashland  CERTIFICATION OF CITY CLERK  The undersigned, as City Clerk ofthe City of Ashland, Alabama, hereby certifies that the foregoing is at true, correct, and complete copy of Ordinance No. 2022-12-05-01 which was  adopted by the City Council on this day.  City Clerk, of Ashland Assistant  GRtE  City  Page 3of3