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NOW, THEREFORE, THE PEOPLE OF THE CITY OF SANTA ANA DO <br />ORDAIN AS FOLLOWS: <br />SECTION 1. The People hereby adopt the recitals and findings set forth above and in <br />the request for Council action -staff report prepared in connection with this ordinance. <br />SECTION 2. Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby <br />deleted in its entirety and replaced with the following: <br />Chapter 18 <br />ARTICLE XIII. MEDICAL MARIJUANA COLLECTIVES /COOPERATIVES <br />18 -610. Purposes and intent. <br />It is the purpose and intent of this article to regulate the collective distribution of <br />medical marijuana in order to ensure the health, safety and welfare of the residents of <br />the City of Santa Ana. The regulations in this article, in compliance with the <br />Compassionate Use Act, the Medical Marijuana Program Act, and the California Health <br />and Safety Code (collectively referred to as "State Law ") do not interfere with a patient's <br />right to use medical marijuana as authorized under State Law, nor do they criminalize <br />the possession or cultivation of medical marijuana by specifically defined classifications <br />of persons, as authorized under State Law. Under State Law, only qualified patients, <br />persons with identification cards, and primary caregivers may cultivate medical <br />marijuana collectively. Medical marijuana collectives shall comply with all provisions of <br />the Santa Ana Municipal Code ( "Code "), State Law, the 2008 California Attorney <br />General Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical <br />Use, and all other applicable local and state laws. Nothing in this article purports to <br />permit activities that are otherwise illegal under state or local law. <br />18 -611. Definitions. <br />(a) "Cultivation" and /or "Cultivate" shall mean the planting, growing, harvesting, <br />drying, processing, or storage of one or more marijuana plants or any part thereof. <br />(b) "Medical Marijuana Collective" or "Cooperative" means any facility or location <br />where medical marijuana is made available and /or distributed by or to one or more of <br />the following: a primary caregiver, a qualified patient or a person with an identification <br />card in strict accordance with California Health and Safety Code Section 11362.5 et <br />seq., as sometimes amended. A "medical marijuana collective" shall not include the <br />following uses, as long as the location of such uses are otherwise regulated by this <br />Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the <br />Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division <br />2 of the Health and Safety Code, a residential care facility for persons with chronic life - <br />threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and <br />Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of <br />1 <br />55D -7 <br />