55D City's MMD Ordinance 6 17 14 FINAL - Revised Ordinance

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Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. For purposes of this Municipal Code, “Dispensary” and “Dispensaries” have the same the same meaning as Collective or Cooperative. (c) “Identification Card” shall have the same definition as that contained in Health and Safety Code § 11362.7 et seq., as sometimes amended. (d) “Manager” means any person responsible for the establishment, organization, supervision, or oversight of the operation of a Collective, including but not limited to members who perform the functions of president, vice-president, director, operating officer, financial officer, secretary, or treasurer. Ability to control one or more of the following functions shall be prima facie evidence that such person is a manager: (1) to hire, select, or separate employees or staff, including volunteers; (2) to acquire facilities, furniture, equipment or supplies other than occasional replenishment of stock; (3) to disburse funds of the business other than occasional expenditures for replenishment of stock; or (4) to make, or participate in making, policy decisions relative to the operations of the business. (e) “Marijuana” shall have the same definition as that contained in Health and Safety Code § 11018 as sometimes amended. (f) “Medical Marijuana” shall have the same definition as that contained in Health and Safety Code § 11362.5 et seq., as sometimes amended. (g) “Primary Caregiver” shall have the same definition as that contained in Health and Safety Code § 11362.5 and 11362.7, as sometimes amended. (h) “Qualified Patient” shall have the same definition as that contained in Health and Safety Code § 11362.5 as sometimes amended. 18-612. Scope of article. The operating standards established in this chapter apply to any site, facility, location, use, cooperative or business currently operating in the City of Santa Ana, or which commences operations after the effective date of this Article, that distributes, dispenses, stores, sells, exchanges, processes, delivers, or gives away, medical marijuana to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code § 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996") or any state regulations adopted in furtherance thereof. Any collective in the City of Santa Ana shall operate in conformance with the operating standards set forth in section 18-613 of this Code to assure that the operations of the collective are in compliance with California law and to mitigate the adverse secondary effects from operations of dispensaries. 2