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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" or "Collective' means any <br />facility or location where medical marijuana is made available and /or distributed by or to <br />one or more of the following: a primary caregiver, a qualified patient or a person with an <br />identification card in strict accordance with California Health and Safety Code Section <br />11362.5 et seq., as sometimes amended. A "medical marijuana collective" shall not <br />include the following uses, as long as the location of such uses are otherwise regulated <br />by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of <br />the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of <br />Division 2 of the Health and Safety Code, a residential care facility for persons with <br />chronic life- threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the <br />Health and Safety Code, a residential care facility for the elderly licensed pursuant to <br />Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a <br />home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and <br />Safety Code, as long as such use complies strictly with applicable law including, but not <br />55394.00000\8922945.1 2 <br />55D -8 <br />