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DRAFT Medical Marijuana Dispensary Ordinance (12/3/2012 City Council meeting) <br /> <br /> 3 <br /> <br />California Health & Safety Code Section 11362.5. For purposes of this ordinance, qualified patient shall <br />include a person with an identification card, as that term is defined by California Health and Safety Code <br />Section 11362.7 et seq. <br /> <br />(l). "Serious medical condition" shall have the same definition as California Health and Safety Code <br />Section 11362.7 et seq., and as may be amended, and which means all of the following medical conditions: <br /> <br />1. Acquired immune deficiency syndrome (AIDS); <br />2. Anorexia; <br />3. Arthritis; <br />4. Cachexia; <br />5. Cancer; <br />6. Chronic pain; <br />7. Glaucoma; <br />8. Migraine; <br />9. Persistent muscle spasms, including, but not limited to, spasms associated with multiple <br />sclerosis; <br />10. Seizures, including, but not limited to, seizures associated with epilepsy; <br />11. Severe nausea; <br />12. Any other chronic or persistent medical symptom that either: <br />a. Substantially limits the ability of the person to conduct one or more major life activities as <br />defined in the Americans with Disabilities Act of 1990 (Public Law 101-336). <br />b. If not alleviated, may cause serious harm to the patient's safety or physical or mental <br />health. <br />(m). "Written documentation" shall have the same definition as California Health and Safety Code Section <br />11362.7 et seq., and as may be amended, and which defines "written documentation" as accurate <br />reproductions of those portions of a patient's medical records that have been created by the attending <br />physician, that contain the information required by paragraph (2) of subdivision (a) of California Health and <br />Safety Code Section 11362.715, and that the patient may submit to a county health department or the <br />county's designee as part of an application for an identification card. <br />4-33-200 – Dispensary Permit required and Application for Permit. <br /> <br />(a) Except for hospitals, it is unlawful for any owner, operator, collective, cooperative, or association to <br />own, conduct, operate or maintain, or to participate therein, or to cause or to allow to be conducted, <br />operated, or maintained, any Dispensary in the City of San Leandro unless there exists a valid Dispensary <br />permit in compliance with the provisions of this Chapter. <br /> <br />(b) This Chapter does not apply to the individual possession or cultivation of medical marijuana for <br />personal use, nor does this Chapter apply to the usage, distribution, cultivation or processing of medical <br />marijuana by qualified patients or primary caregivers when such group is of three (3) or less individuals, <br />and distributing, cultivating or processing the marijuana from a residential unit or a single non-residential <br />parcel of land. Associations of three (3) or less qualified patients or primary caregivers shall not be <br />required to obtain a Dispensary permit under this Chapter, but must comply with all applicable State Laws <br />and the Attorney General Guidelines. <br />