Definitions. For the purpose of this section, the following words
shall have the following meanings. Terms not herein defined shall
be used as defined in 105 CMR 725.000.
BUSINESS AGENT
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
CARD HOLDER
A registered qualifying patient, a personal caregiver, or
a dispensary agent of a registered marijuana dispensary who has been
issued and possesses a valid registration card by the Massachusetts
Department of Public Health.
DISPENSARY AGENT
A board member, director, employee, executive, manager, or
volunteer of a registered marijuana dispensary, who is at least 21
years of age and who has received approval from the state under 105
CMR 725.030. "Employee" includes a consultant or contractor who provides
on-site services to a registered marijuana dispensary related to the
cultivation, harvesting, preparation, packaging, storage, testing,
or dispensing of marijuana.
EMPLOYEE
Any individual who performs services for an employer.
EMPLOYER
Any individual, partnership, association, corporation, trust
or other organized group of individuals that uses the services of
one or more employees.
LICENSE HOLDER
Any person engaged in the sale of marijuana who applies for
and receives a license or any person who is required to apply for
a license pursuant to this section, or his or her business agent.
MARIJUANA
All parts of the plant Cannabis sativa L., whether growing
or not; the seeds thereof; and 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 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
seed of the plant which is incapable of germination. The term also
includes marijuana-infused products (MIPs) except where the context
clearly indicates otherwise.
MARIJUANA-INFUSED PRODUCT (MIP)
A product infused with marijuana that is intended for use
or consumption, including but not limited to edible products, ointments,
aerosols, oils, and tinctures. These products, when created or sold
by a registered marijuana dispensary, shall not be considered a food
or a drug as defined in MGL c. 94, § 1.
PARAPHERNALIA
"Drug paraphernalia" as defined in MGL c. 94C, § 1.
PERSONAL CAREGIVER
A person, registered by the Massachusetts Department of Public
Health, who is at least 21 years old, who has agreed to assist with
a registered's medical use of marijuana, and is not the registered
qualifying patient's certifying physician. An employee of a hospice
provider, nursing, or medical facility or a visiting nurse, personal
care attendant, or home health aide providing care to a qualifying
patient may serve as a personal caregiver, including to patients under
18 years of age as a second caregiver.
QUALIFYING PATIENT
A Massachusetts resident 18 years of age or older who has
been diagnosed by a Massachusetts licensed certifying physician as
having a debilitating medical condition, or a Massachusetts resident
under 18 years of age who has been diagnosed by two Massachusetts
licensed certifying physicians, at least one of whom is a board-certified
pediatrician or board-certified pediatric subspecialist, as having
a debilitating medical condition that is also a life-limiting illness,
subject to 105 CMR 725.010(J).
REGISTERED MARIJUANA DISPENSARY (RMD)
A not-for-profit entity registered under 105 CMR 725.100
that acquires, cultivates, possesses, processes (including development
of related products such as edible MIPs, tinctures, aerosols, oils,
or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies,
or educational materials to registered qualifying patients or their
Ns. Unless otherwise specified, "registered marijuana dispensary"
refers to the site(s) of dispensing, cultivation, and preparation
of marijuana.
REGISTRATION CARD
An identification card issued by the Department, valid for
one year from the date of issue, to a registered qualifying patient,
personal caregiver, or dispensary agent. The registration card verifies
either that a certifying physician has provided a written certification
to the qualifying patient and the patient has been registered with
the Department; that a patient has designated the individual as a
personal caregiver; that a patient has been granted a hardship cultivation
registration; or that a dispensary agent has been registered with
the Department and is authorized to work at a registered marijuana
dispensary. The registration card allows access into appropriate elements
of a Department-supported, interoperable database in which detailed
information regarding certifications and possession criteria are stored.
The registration card identifies for the Department and law enforcement
authorities, those individuals who are exempt from Massachusetts criminal
and civil penalties for the medical use of marijuana in compliance
with 105 CMR 725.000 and MGL c. 369.
SELF-SERVICE DISPLAY
Any display from which customers may select a marijuana product
without assistance from a dispensary agent or store personnel.
SIXTY-DAY SUPPLY
That amount of marijuana, or equivalent amount of marijuana
in MIPs, that a registered qualifying patient would reasonably be
expected to need over a period of 60 calendar days for his or her
personal medical use, which is 10 ounces, subject to 105 CMR 725.010(I).
SMOKING
The lighting of a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or non-tobacco product designed to be combusted and inhaled.
WRITTEN CERTIFICATION
A form submitted to the Department by a Massachusetts licensed
certifying physician, describing the qualifying patient's pertinent
symptoms, specifying the patient's debilitating medical condition,
and stating that in the physician's professional opinion the potential
benefits of the medical use of marijuana would likely outweigh the
health risks for the patient.