§ 3301.

DEFINITIONS

For the purposes of this Article:

a.

“Cannabis” means marijuana and all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant are incapable of germination.

b.

“City” means the City and County of San Francisco.

c.

“Convicted” means having pled guilty or having received a verdict of guilty, including a verdict following a plea of nolo contendere, to a crime.

d.

“Director” means the Director of Public Health or any individual designated by the Director to act on his or her behalf, including but not limited to inspectors.

e.

[Reserved. ]

f.

“Medical cannabis dispensary” means a cooperative or collective of ten or more qualified patients or primary caregivers that facilitates the lawful cultivation and distribution of cannabis for medical purposes and operates not for profit, consistent with California Health & Safety Code Sections 11362.5 et seq., with the Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use issued by the California Attorney General in August 2008, and with this ordinance. A cooperative must be organized and registered as a Consumer Cooperative Corporation under the Corporations Code, Sections 12300, et seq., or a Nonprofit Cooperative Association under the Food and Agricultural Code, Sections 54002, et seq. A collective may be organized as a corporation, partnership or other legal entity under state law but must be jointly owned and operated by its members. As set forth in Section 3308(q), a medical cannabis dispensary may purchase or obtain cannabis only from members of the cooperative or collective and may sell or distribute cannabis only to members of the cooperative or collective. As set forth in Section 3308(c), a medical cannabis dispensary may operate only on a not for profit basis and pay only reasonable compensation to itself and its members and pay only reasonable out-of-pocket expenses.

g.

“Medical Cannabis Identification Card” or “Identification Card” means a document issued by the State Department of Health Services pursuant to California Health and Safety Code Sections 11362.7 et seq. or the City pursuant to Health Code Article 28 that identifies a person authorized to engage in the medical use of cannabis and the person’s designated primary caregiver, if any, or identifies a person as a primary caregiver for a medical cannabis patient.

h.

“Permittee” means the owner, proprietor, manager, or operator of a medical cannabis dispensary or other individual, corporation, or partnership who obtains a permit pursuant to this Article.

i.

“Primary caregiver” shall have the same definition as California Health and Safety Code Section 11362.7 et seq., and as may be amended, and which defines “primary caregiver” as an individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, and may include a licensed clinic, a licensed health care facility, a residential care facility, a hospice, or a home health agency as allowed by California Health and Safety Code Section 11362.7(d)(1-3).

j.

“Qualified patient” shall have the same definition as California Health and Safety Code Section 11362.7 et seq., and as may be amended, and which states that a “qualified patient” means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have a valid medical cannabis identification card. For the purposes of this Article, a “qualified patient who has a valid identification card” shall mean a person who fulfills all of the requirements to be a “qualified patient” under California Health and Safety Code Section 11362.7 et seq. and also has a valid medical cannabis identification card

History

(Added by Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 225-07, File No. 070667, App. 10/2/2007; Ord. 25-09, File No. 081199, App. 2/13/2009)

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