Chapter 19.01
DEFINITIONS
Sections:
19.01.010 Definitions.
The following words or phrases, whenever used in this title, shall be given the following definitions:
“Adult cannabis” or “adult cannabis product” means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by adults in California pursuant to the Adult Use of Marijuana Act of 2016 (Proposition 64), found at Section 11362.1 of the Health and Safety Code. For the purposes of this title, “adult cannabis” does not include “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Bureau” means the Bureau of Medical Marijuana Regulation within the California Department of Consumer Affairs.
“Cannabinoid” or “phytocannabinoid” means a chemical compound that is unique to and derived from cannabis.
“Cannabis concentrate” means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product’s potency.
“Canopy” means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site.
“Certificate of accreditation” means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the state.
“Commercial cannabis activity” means the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, on-site consumption or sale of medical or adult cannabis or a medical or adult cannabis product.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of medical or adult cannabis. Within the definition of “cultivation,” specific license types correspond to state cultivator license types set forth in California Business and Professions Code Section 19332(g).
“Delivery” means the commercial transfer of medical or adult cannabis, or medical or adult cannabis products from a dispensary, up to an amount allowed by the Bureau, to a primary caregiver, qualified patient or adult as defined in Section 11362.7 of the California Health and Safety Code, or a testing laboratory.
“Dispensary” means a facility where medical cannabis, medical cannabis products, adult cannabis, adult cannabis products or devices for the use of medical or adult cannabis or medical or adult cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale.
“Distribution” means the procurement, sale, and transport of medical or adult cannabis and medical or adult cannabis products between entities licensed pursuant to this chapter.
“Edible cannabis product” means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.
“Greenhouse” means a fully enclosed permanent structure with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental artificial lighting for cultivation.
“Identification card” has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.
“Licensee” means a person issued a state license under Chapter 3.5 (commencing with Section 19300) of the California Business and Professions Code to engage in a commercial medical or adult cannabis activity.
“Licensing authority” means the state agency responsible for the issuance, renewal, or reinstatement of a license for commercial medical or adult cannabis activities, or the state agency authorized to take disciplinary action against the license.
“Manufactured cannabis” or “cannabis product” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.
“Manufacturing site” means a location that produces, prepares, propagates, or compounds manufactured medical or adult cannabis or medical or adult cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these activities.
“Medical cannabis” or “medical cannabis product” means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code. For the purposes of this title, “medical cannabis” does not include “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
“Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of medical or adult cannabis.
“Permittee” means a person issued a commercial cannabis permit under Chapter 19.02 SMC.
“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.
“Primary caregiver” has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.
“Public park” means an area created, established, designated, or maintained by a special district, a county, the state, or the federal government for public play, recreation, or enjoyment or for the protection of natural resources and features at the site.
“Qualified patient” has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.
“State” means the state of California.
“State license,” “license,” or “registration” means a state license issued pursuant to California Business and Professions Code Sections 19300, et seq.
“Testing laboratory” means a facility, entity, or site in the state that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state; and
2. Registered with the California State Department of Public Health.
“Transport” means the transfer of medical cannabis or medical cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial medical cannabis activity authorized pursuant to the California Business and Professions Code Sections 19300, et seq. (Ord. 1047 § 2, 2018; Ord. 1043, 2017)