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(c) A medical marijuana cooperative is two or more persons <br />collectively or cooperatively cultivating, using, transporting, possessing, <br />administering, delivering or making available medical marijuana, with <br />or without compensation. <br />(d) A medical marijuana dispensary is not the same use as a <br />pharmacy. <br />(e) 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 />Section 4. Section 41-144 of the Santa Ana Municipal Code is hereby <br />amended to prohibit medical marijuana dispensaries as a retail or service use in the <br />City such that it reads as follows: <br />Sec. 41-144. Retail and service uses. <br />Retail and service uses include any use of property for the purpose of <br />offering merchandise or services to the public for compensation, and <br />include banks, savings and loan associations, and similar financial <br />institutions, but do not include the following: <br />(a) Sheet metal shops, body-fender works, automobile paint shops, <br />repair garages, and any activity which includes the processing, treatment, <br />manufacturing, assembling or compounding of any product, other than that <br />which is clearly and traditionally incidental and essential to a particular retail <br />activity. <br />(b) A medical marijuana dispensary as defined in section 41-121 of <br />this Code. <br />(c) Any use which is more specifically identified as a permitted use <br />or as a use which may be permitted subject to the issuance of a conditional <br />use permit in one or more use districts pursuant to Article III of this chapter. <br />Section 5. If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance is for any reason held to be invalid or unconstitutional by the decision <br />of any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council of the City of Santa Ana <br />hereby declares that it would have adopted this ordinance and each section, <br />subsection, sentence, clause, phrase or portion thereof irrespective of the fact that <br />any one or more sections, subsections, sentences, clauses, phrases, or portions be <br />declared invalid or unconstitutional. <br />Ordinance No. NS-XXX <br />11 A-7 Page 7 of _ <br />