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NS-2868 - VOTER MMD
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NS-2868 - VOTER MMD
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(b) It shall be unlawful for the City of Santa Ana to ban Providers of medical cannabis lawful <br />under State law, including non -Profit collectives and cooperatives, from operation within the <br />City of Santa Ana, or to place a moratorium upon such lawful operation. <br />(c) No department, agency, commission, officer, or employee of the City of Santa Ana shall <br />use any City funds or resources to assist in the enforcement of Federal controlled substance laws <br />to the extent that they are inconsistent with California medical cannabis laws, including but not <br />limited to the Companionate Use Act of 1996 and the Medical Marijuana Program Act, unless <br />such assistance is required by Federal or State statute, regulation, or court decision. <br />(d) The City of Santa Ana shall not accept any Federal funding that would be used to <br />investigate, cite, arrest, prosecute, or seize property based on offenses otherwise legal under <br />California medical cannabis laws, nor participate in any task force that accepts any Federal <br />funding or revenue sharing and that investigates, cites, arrests, prosecutes, or seizes property <br />based on offenses otherwise legal under California medical cannabis laws. Specifically, these <br />prohibitions on accepting funding and task force participation shall not apply to the following <br />activities as not legal under California medical cannabis laws: <br />(1) Distribution or sale of cannabis to minors; <br />(2) Cultivation or sale of cannabis on public property; <br />(3) Driving under the influence; <br />(4) Interstate or international gang activity. <br />ctivity. <br />(e) The City must not require a medical cannabis collective or cooperative to obtain any <br />special use or conditional use permit. This provision is included to meet the requirements and <br />concerns expressed by the California Court of Appeal in Pack v. Superior Court (2011). City <br />officials will not be required to violate any Federal criminal statute. No special site plan, <br />variance, or any other permit or certificate other than those specified in this Ordinance shall be <br />required by the City and none shall be issued for said collectives and cooperatives. The City shall <br />issue, as a ministerial duty, Notices of Completed Registration, Certificates of Occupancy, and <br />gross receipts business licenses to qualified collectives and cooperatives in priority order as <br />received and processed. <br />Sec. 18 -611. - Definitions <br />(a) "City" means the City of Santa Ana. <br />(b) "Cannabis" or "marijuana" means marijuana and all parts of the plant cannabis, whether <br />growing or r not; the seeds thereof. resin extracted from any part of the plant; and every <br />compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It <br />includes marijuana infused in foodstuff It does not include the mature stalks of the plant, fiber <br />produced from the stalks, oil or cake made from the seeds of the plant, any other compound <br />
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