§ 12D-2. Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter shall have the meaning given them in this section.

A.

"City" means the City of Colusa.

B.

"Medical marijuana" means marijuana used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code § 11362.5) and the Medical Marijuana Program Act (California Health and Safety Code § 11362.7 et seq.).

C.

"Medical marijuana dispensary" or "dispensary" means:

(1)

Any facility, building, structure or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to two or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code § 11362.5 et seq.; or

(2)

Any facility, building, structure or location where three qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively, distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant in California Health and Safety Code § 11362.5 et seq. and such group is organized as a medical marijuana cooperative or collective as set forth in the Attorney General guidelines.

The terms "primary caregiver," "qualified patient," and "person with an identification card" shall be as defined in California Health and Safety Code § 11362.5 et seq.

For purposes of this chapter, a "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and complies strictly with applicable law, including, but not limited to, California Health and Safety Code § 11362.5 et seq.:

1.

A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;

2.

A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code;

3.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code;

4.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code;

5.

A residential hospice; or

6.

A home health agency licensed pursuant to Chapter 8 of the California Health and Safety Code.

D.

"Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.

(Ord. No. 486, § 2, 3-5-2013)