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<br />delivering or making available medical marijuana, with or without <br />compensation. <br /> <br />(d) A medical marijuana dispensary is not the same use as a pharmacy. <br /> <br />(e) 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 />Section 4. Section 41-144 of the Santa Ana Municipal Code is hereby amended <br />to prohibit medical marijuana dispensaries as a retail or service use in the City such that it <br />reads as follows: <br /> <br />Sec. 41-144. <br /> <br />Retail and service uses. <br /> <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 /> <br />(a) Sheet metal shops, body-fender works, automobile paint shops, repair <br />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 /> <br />(b) A medical marijuana dispensary as defined in section 41-121 of this <br />Code. <br /> <br />(c) Any use which is more specifically identified as a permitted use or as a <br />use which may be permitted subject to the issuance of a conditional use <br />permit in one or more use districts pursuant to Article III of this chapter. <br /> <br />Section 5. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it <br />would have adopted this ordinance and each section, subsection, sentence, clause, phrase <br />or portion thereof irrespective of the fact that anyone or more sections, subsections, <br />sentences, clauses, phrases, or portions be declared invalid or unconstitutional. <br /> <br />Ordinance No. NS-2758 <br />Page 6 of 7 <br />