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administering, delivering or making available medical marijuana, with <br />or without compensation. <br />(d) All terms used in this section, including but not limited to "medical <br />marijuana," "qualified patient," "identification card," and "primary <br />caregiver," shall be as defined in California Health & Safety Code <br />section 11362.5. et seq. <br />Sec. 18-612. Medical Marijuana Dispensary Prohibited. <br />It shall be unlawful for any person or entity to own, manage, conduct, <br />or operate any medical marijuana dispensary or to participate as an <br />employee, contractor, agent or volunteer, or in any other manner or <br />capacity, in any medical marijuana dispensary in the City. <br />Section 3. Section 41-121 of the Santa Ana Municipal Code is hereby <br />added to define medical marijuana dispensaries as follows: <br />Sec. 41-121. Medical Marijuana Dispensary. <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 />Ordinance No. NS-XXX <br />Page 6 of 4 <br />11 A-6 <br />