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NS-2758
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Last modified
1/3/2012 1:00:38 PM
Creation date
11/7/2007 11:46:18 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2758
Date
11/5/2007
Destruction Year
PERM
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<br />Chapter 8 of Division 2 of the California Health & Safety Code, to the extent <br />that such use strictly complies with applicable law, including but not limited to <br />California Health & Safety Code section 11362.5. et seq. <br /> <br />(c) A medical marijuana cooperative is two or more persons collectively or <br />cooperatively cultivating, using, transporting, possessing, administering, <br />delivering or making available medical marijuana, with or without <br />compensation. <br /> <br />(d) All terms used in this section, including but not limited to "medical <br />marijuana," "qualified patient," "identification card," and "primary caregiver," <br />shall be as defined in California Health & Safety Code section 11362.5. et <br />seq. <br /> <br />Sec. 18-612. <br /> <br />Medical Marijuana Dispensary Prohibited. <br /> <br />It shall be unlawful for any person or entity to own, manage, conduct, or <br />operate any medical marijuana dispensary or to participate as an employee, <br />contractor, agent or volunteer, or in any other manner or capacity, in any <br />medical marijuana dispensary in the City. <br /> <br />Section 3. Section 41-121 of the Santa Ana Municipal Code is hereby <br />added to define medical marijuana dispensaries as follows: <br /> <br />Sec. 41-121. <br /> <br />Medical Marijuana Dispensary. <br /> <br />(a) A medical marijuana dispensary is a facility or location, whether fixed or <br />mobile, where medical marijuana is made available to, distributed by, or <br />supplied to one or more of the following: (1) more than a single qualified <br />patient, (2) more than a single person with an identification card, or (3) more <br />than a single primary caregiver. The term "medical marijuana dispensary" <br />includes a medical marijuana cooperative. <br /> <br />(b) Unless otherwise regulated by this chapter or applicable law, a medical <br />marijuana dispensary shall not include the following uses: (1) a clinic licensed <br />pursuant to Chapter 1 of Division 2 of the California Health & Safety Code, (2) <br />a health care facility licensed pursuant to Chapter 2 of Division 2 of the <br />California Health & Safety Code, (3) a residential care facility for persons with <br />chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division <br />2 of the California Health & Safety Code, (4) a residential care facility for the <br />elderly licensed pursuant to Chapter 3.2 of the California Health & Safety <br />Code, (5) a residential hospice or home health agency licensed pursuant to <br />Chapter 8 of Division 2 of the Califomia Health & Safety Code, to the extent <br />that such use strictly complies with applicable law, including but not limited to <br />California Health & Safety Code section 11362.5. et seq. <br /> <br />(c) A medical marijuana cooperative is two or more persons collectively or <br />cooperatively cultivating, using, transporting, possessing, administering, <br /> <br />Ordinance No. NS-2758 <br />Page 5 of 7 <br />
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