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75E-1 - PH AMND MUNI CODE MARIJUANA
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75E-1 - PH AMND MUNI CODE MARIJUANA
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11/2/2017 4:50:30 PM
Creation date
11/2/2017 4:42:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E-1
Date
11/7/2017
Destruction Year
2022
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(1) "Marijuana Products' shall have the same definition as that contained in Health and <br />Safety Code section 11018.1. <br />(m) "Marijuana Accessories" shall have the same definition as that contained in Health <br />and Safety Code section 11018.2. <br />(n) "Personal Cultivation" shall mean the planting, su{i+vating— rg owing, harvesting, <br />drying, curing, grading or trimming GF-presessieg of marijuana plants for personal <br />use within a private residence or accessory structure to a private residence. <br />(o) "Commercial Cultivation" shall mean the planting, saltivat+ng growing, harvesting, <br />drying, curing, grading or trimming GF presessing or processing of marijuana plants <br />in any structure other than a private residence. <br />(p) "Outdoor Cultivation" shall mean the planting, cultivating, -growing, harvesting, <br />drying, curing, grading or trimming er-presessing of marijuana plants in any location <br />within the City of Santa Ana that is not within a fully enclosed and secure structure. <br />(q) "Fully enclosed and secure structure" means a space within a building, greenhouse <br />or other structure which has a complete roof enclosure supported by connecting <br />walls extending from the ground to the roof, which is secure against unauthorized <br />entry, provides complete visual screening, and which is accessible only through one <br />or more lockable doors. <br />(r) "Delivery' means the commercial transfer of medical cannabis or medical cannabis <br />products from a dispensary, up to an amount determined to be authorized by the State <br />of California, or any of its departments or divisions, to qualified patients and their <br />caregivers. "Delivery" also includes the use by a dispensary of any technology platform <br />owned, controlled, and/or licensed by the dispensary, or independently licensed by the <br />State of California under the State law (as amended from time to time), that enables <br />anyone to arrange for or facilitate the commercial transfer by a licensed dispensary of <br />medical cannabis or medical cannabis products. For the purposes of this article, <br />"delivery' does not include distribution or purchase of cannabis from a licensed <br />cultivator, and cannabis products from a licensed manufacturer, for sale to a licensed <br />dispensary or a wholesale establishment. <br />(s) "Dispensary" means a premises where medical cannabis or medical cannabis <br />products, or devices for the use of medical cannabis or medical cannabis products are <br />offered, either individually or in any combination, for retail sale, including an <br />establishment that delivers, pursuant to Business and Professions Code § 19340, <br />medical cannabis and medical cannabis products as part of a retail sale. <br />(t) "Responsible person" means any of the following: <br />(1) A person who causes a Code violation to occur. <br />(2) A person who maintains or allows a Code violation to continue, by his or her <br />action or failure to act. <br />Ordinance No. NS -XXX <br />Page 4 of 20 <br />75E-1-8 <br />
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