Laserfiche WebLink
Section 2. Article XIII is added to Chapter 18 of the Santa Ana Municipal <br />Code to read as follows: <br />Article XIII <br />Medical Marijuana Dispensaries <br />Sec. 18-610. Purpose and Findings. <br />The City Council finds that federal laws prohibiting the possession, <br />sale and distribution of marijuana, and alternatively their undesirable <br />secondary effects, preclude the opening or operation of medical <br />marijuana dispensaries sanctioned by the City, and in order to serve <br />public health, safety, and welfare of the residents and businesses <br />within the City, the declared purpose of this article is to prohibit medical <br />marijuana dispensaries as defined in this article. <br />Sec. 18-611. Medical Marijuana Dispensary Defined. <br />(a) A medical marijuana dispensary is a facility or location, whether <br />fixed or mobile, where medical marijuana is made available to, <br />distributed by, or supplied to one or more of the following: (1) more <br />than a single qualified patient, (2) more than a single person with an <br />identification card, or (3) more than a single primary caregiver. The <br />term "medical marijuana dispensary" includes a medical marijuana <br />cooperative. <br />(b) Unless otherwise regulated by this chapter or applicable law, a <br />medical marijuana dispensary shall not include the following uses: (1) <br />a clinic licensed pursuant to Chapter 1 of Division 2 of the California <br />Health & Safety Code, (2) a health care facility licensed pursuant to <br />Chapter 2 of Division 2 of the California Health & Safety Code, (3) a <br />residential care facility for persons with chronic life-threatening <br />illnesses licensed pursuant to Chapter 3.01 of Division 2 of the <br />California Health & Safety Code, (4) a residential care facility for the <br />elderly licensed pursuant to Chapter 3.2 of the California Health & <br />Safety Code, (5) a residential hospice or home health agency licensed <br />pursuant to Chapter 8 of Division 2 of the California Health & Safety <br />Code, to the extent that such use strictly complies with applicable law, <br />including but not limited to California Health & Safety Code section <br />11362.5. et seq. <br />(c) A medical marijuana cooperative is two or more persons <br />collectively or cooperatively cultivating, using, transporting, possessing, <br />Ordinance No. NS-XXX <br />Page 5 of <br />11 A-5 <br />