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2A Business 2013 0212
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2A Business 2013 0212
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
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2/12/2013
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DRAFT Medical Marijuana Dispensary Ordinance (12/3/2012 City Council meeting) <br /> <br /> 2 <br /> <br />(f). “Collective” means any association, affiliation, or establishment jointly owned and operated by its <br />members that facilitates the collaborative efforts of qualified patients and primary caregivers, as described <br />in the Attorney General Guidelines. <br /> <br />(g). “Cooperative” means a business organization recognized by the state of California through properly <br />registered articles of incorporation under the Corporations or Food and Agricultural Code that conducts its <br />business for the mutual benefit of its members, as described in the Attorney General Guidelines. <br /> <br />(h). “Medical Marijuana” means marijuana authorized in strict compliance with Health & Safety Code §§ <br />11362.5, 11362.7 et seq., as such sections may be amended from time to time. <br /> <br />(i). “Parcel of Land” means one piece of real property as identified by the county assessor’s parcel number <br />(APN) that is one contiguous parcel of real property, which is used to identify real property, its boundaries, <br />and all the rights contained therein. <br /> <br />(j). "Primary caregiver" shall have the same definition as California Health and Safety Code Section <br />11362.7, and as may be amended from time to time, and which defines "Primary Caregiver" as an <br />individual designated by a qualified patient or by a person with an identification card who has consistently <br />assumed responsibility for the housing, health, or safety of that patient or person, and may include any of <br />the following: <br /> <br />1. In any case in which a qualified patient or person with an identification card receives medical <br />care or supportive services, or both, from a clinic licensed pursuant to Chapter 1 (commencing <br />with Section 1200) of Division 2 of the California Health and Safety Code; a health care facility <br />licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the California <br />Health and Safety Code; a residential care facility for persons with chronic life-threatening <br />illnesses licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 <br />of the California Health and Safety Code; a residential care facility for the elderly licensed <br />pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the California Health <br />and Safety Code; a hospice, or a home health agency licensed pursuant to Chapter 8 <br />(commencing with Section 1725) of Division 2 of the California Health and Safety Code; the <br />owner or operator, or no more than three employees who are designated by the owner or <br />operator, of the clinic, facility, hospice, or home health agency, if designated as a primary <br />caregiver by that qualified patient or person with an identification card. <br /> <br />2. An individual who has been designated as a primary caregiver by more than one qualified <br />patient or person with an identification card, if every qualified patient or person with an <br />identification card who has designated that individual as a primary caregiver resides in the <br />same city or county as the primary caregiver. <br /> <br />3. An individual who has been designated as a primary caregiver by a qualified patient or person <br />with an identification card who resides in a city or county other than that of the primary <br />caregiver, if the individual has not been designated as a primary caregiver by any other <br />qualified patient or person with an identification card. <br /> <br />(k). "Qualified patient" shall have the same definition as California Health and Safety Code Section <br />11362.7 et seq., and as may be amended, and which means a person who is entitled to the protections of
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