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Ordinance No. NS-XXX <br />Page 47 of 66 <br /> <br /> <br />dispensary, operator, establishment, or provider shall not be entitled to claim legal <br />nonconforming status. <br />Sec. 40-108. Compliance with this article and state law. <br />(a) It is unlawful for any person to: <br />i. Cause, permit or engage in the giving away of marijuana, or <br />ii. Own, establish, operate, use or permit the establishment or operation of a medical <br />marijuana collective or cooperative, or to participate as an employee, contractor, <br />agent, responsible person or volunteer of a collective or cooperative, except as <br />provided in this article, and pursuant to any and all other applicable local and state <br />laws. <br />iii. The prohibition in subsection (ii) above includes, renting, leasing, or otherwise <br />permitting a medical marijuana business to occupy or use a location, vehicle, or <br />other mode of transportation. <br />(b) It is unlawful for any person to cause, permit or engage in any activity related to <br />medical marijuana except as provided in Health and Safety Code § 11362.5 et seq., <br />and pursuant to any and all other applicable local and state laws. <br />(c) It is unlawful for any person to knowingly make any false, misleading or inaccurate <br />statements or representations in any forms, records, filings or documentation required <br />to be maintained, filed or provided to the City under this article, or to any other local, <br />state or federal government agency having jurisdiction over any of the activities of <br />collectives. <br />(d) It shall be the sole responsibility of the members engaged in the management of the <br />collective to ensure that the collective is at all times operating in a manner compliant <br />with all applicable state laws and this article. Nothing in this article shall be construed <br />as authorizing any actions which violate state law with regard to the cultivation, <br />transportation, provision, and sale of medical marijuana. <br />(e) Cultivation of Marijuana. <br />(1) Personal Cultivation. Individuals twenty-one (21) years of age or older may plant, <br />cultivate, harvest, dry, or process up to six (6) living marijuana plants for personal <br />(non-commercial) use in a private residence or accessory structure to a single <br />private residence in the City of Santa Ana and must comply with the following <br />requirements: <br />i. The marijuana cultivation area shall be located indoors within a private <br />residence or accessory structure on a single parcel of property; <br />ii. No more than six (6) living marijuana plants is permitted for indoor personal <br />cultivation;