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11D - 2ND READ ORD MEDICAL MARIJUANA
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11/21/2017
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11D - 2ND READ ORD MEDICAL MARIJUANA
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Last modified
7/25/2018 4:25:46 PM
Creation date
11/20/2017 7:23:21 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
11D
Date
11/21/2017
Destruction Year
2022
Notes
Correct Ordinance No. is NS-2930.
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pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential <br />care facility for persons with chronic life-threatening illness licensed pursuant to <br />Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility <br />for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and <br />Safety Code, a residential hospice or a home health agency licensed pursuant to <br />Chapter 8 of Division 2 of the Health and Safety Code, as long as such use <br />complies strictly with applicable law including, but not limited to, Health and Safety <br />Code Section 11362.5 et seq. <br />(c) 'Identification card" shall have the same definition as that contained in Health and <br />Safety Code § 11362.7 et seq., as sometimes amended. <br />(d) "Manager" means any person responsible for the establishment, organization, <br />supervision, or oversight of the operation of a Collective, including but not limited to <br />members who perform the functions of president, vice-president, director, operating <br />officer, financial officer, secretary, or treasurer. Ability to control one (1) or more of <br />the following functions shall be prima facie evidence that such person is a manager: <br />(1) To hire, select, or separate employees or staff, including volunteers; <br />(2) To acquire facilities, furniture, equipment or supplies other than occasional <br />replenishment of stock; <br />(3) To disburse funds of the business other than occasional expenditures for <br />replenishment of stock; or <br />(4) To make, or participate in making, policy decisions relative to the operations of <br />the business. <br />(e) Marijuana shall have the same definition as that contained in Health and Safety <br />Code § 11018 as sometimes amended. <br />(f) "Medical marijuana" shall have the same definition as that contained in Health and <br />Safety Code § 11362.5 et seq., as sometimes amended. <br />(g) "Primary caregiver" shall have the same definition as that contained in Health and <br />Safety Code § 11362.5 and 11362.7, as sometimes amended. <br />(h) "Qualified patient' shall have the same definition as that contained in Health and <br />Safety Code § 11362.5 as sometimes amended. <br />(i) "Private Residence" shall have the same definition as that contained in Health <br />and Safety Code sections 11362.2(5) and 17922. A recreational vehicle does not <br />constitute a lawfully established structure for the purposes of this article. <br />(j) "Premises" means a single, legal parcel of property. Where contiguous legal parcels <br />under common ownership or control, such contiguous legal parcels shall constitute <br />a single "premises' for purposes of this chapter. <br />(k) 'Parcel' means property assigned a separate parcel number by the Orange County <br />assessor. <br />Ordinance No. NS -XXX <br />Page 3 of 19 <br />11D-5 <br />
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