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“Marijuana dispensary” is defined as any facility; clinic; cooperative; club; business; retail facility; group or location, whether fixed or mobile; including any type of operation which could be licensed for commercial adult-use cannabis activity and/or commercial medicinal cannabis activity, including those operations for which licenses may be obtained as set forth in California Business and Professions Code Sections 26050 and 26061; and where marijuana, or any marijuana-infused product, is produced, made available to, sold, exchanged, or distributed to any person. A marijuana dispensary shall not include the following uses, as long as the location of such use is otherwise in accordance with this code and other applicable law:

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

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

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

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

E. A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

F. Personal use, cultivation or exchange of marijuana, as legally permitted by Health and Safety Code Section 11018. (Ord. 2017-07 Exh. A, 2017)