Definitions. As used in this section, the following terms shall have
the meanings indicated:
ADULT USER
Any individual over the age of 21 years purchasing or consuming
marijuana.
CANNABIS CULTIVATION
The use of land and/or buildings for planting, tending, improving,
harvesting, processing and packaging, the preparation and maintenance
of soil and other media and promoting the growth of cannabis by a
cannabis cultivator, microbusiness, research facility, craft marijuana
cultivator cooperative, registered marijuana dispensary or other entity
licensed by the Commission for cannabis cultivation. Such use is not
agriculturally exempt from zoning. The cultivation and processing
of medical marijuana in accordance with these regulations is considered
to be a manufacturing use and is not agriculturally exempt from zoning.
COMMUNITY HOST AGREEMENT
An agreement, pursuant to General Laws Chapter 94G, Section
3(d), between a cannabis establishment and a municipality setting
forth additional conditions for the operation of a cannabis establishment,
including stipulations of responsibility between the parties and a
up to 3% host agreement revenue sharing.
CRAFT MARIJUANA COOPERATIVE
A marijuana cultivator comprised of residents of the Commonwealth
and organized as a limited liability company, limited liability partnership,
or cooperative corporation under the laws of the Commonwealth. A cooperative
is licensed to cultivate, obtain, manufacture, process, package and
brand cannabis or marijuana products to transport marijuana to marijuana
establishments, but not to consumers.
INDEPENDENT TESTING AND STANDARDS LABORATORY
A laboratory that is licensed by the Commission and is:
(a)
Accredited to the International Organization for Standardization
17025 (ISO/IEC 17025:2017) by a third-party accrediting body that
is a signatory to the International Laboratory Accreditation Accrediting
Cooperation mutual recognition arrangement or that is otherwise approved
by the Commission;
(b)
Independent financially from any medical marijuana treatment
center (RMD), marijuana establishment or licensee for which it conducts
a test; and
(c)
Qualified to test cannabis or marijuana in compliance with 935
CMR 500.160 and MGL c. 94C, § 34.
MARIJUANA CULTIVATOR
An entity licensed to cultivate, process and package marijuana,
and to transfer marijuana to other marijuana establishments, but not
to consumers. Cultivator licensees (except for craft marijuana cooperative
licensees) may hold up to three licenses across the Commonwealth of
Massachusetts; however, the total plant canopy area authorized by
the licenses shall not exceed 100,000 square feet. Licensees shall
be partitioned into tiers based upon total plant canopy square footage
held across all licensed cultivation facilities within the Commonwealth
as outlined in the following table:
Tier 1
|
Up to 5,000 square feet
|
Tier 2
|
5,001 to 10,000 square feet
|
Tier 3
|
10,001 to 20,000 square feet
|
Tier 4
|
20,001 to 30,000 square feet
|
Tier 5
|
30,001 to 40,000 square feet
|
Tier 6
|
40,001 to 50,000 square feet
|
Tier 7
|
50,001 to 60,000 square feet
|
Tier 8
|
60,001 to 70,000 square feet
|
Tier 9
|
70,001 to 80,000 square feet
|
Tier 10
|
80,000 to 90,000 square feet
|
Tier 11
|
90,001 to 100,000 square feet
|
MARIJUANA ESTABLISHMENT
A marijuana cultivator, craft marijuana cooperative, marijuana
product manufacturer, marijuana retailer, independent testing laboratory,
marijuana research facility, marijuana transporter, or any other type
of licensed marijuana-related business, except a medical marijuana
treatment center.
MARIJUANA PROCESS OR PROCESSING
To harvest, dry, cure, trim and separate parts of the cannabis
or marijuana plant by manual or mechanical means, except it shall
not include manufacture as defined in 935 CMR 500.002.
MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, manufacture, process and package
cannabis or marijuana products and to transfer these products to other
marijuana establishments, but not to consumers.
MARIJUANA RETAILER
An entity licensed to purchase and transport cannabis or
marijuana product from marijuana establishments and to sell or otherwise
transfer this product to marijuana establishments and to consumers.
Retailers are prohibited from delivering cannabis or marijuana products
to consumers; and from offering cannabis or marijuana products for
the purposes of on-site social consumption on the premises of a marijuana
establishment.
MARIJUANA TRANSPORTER
An entity, not otherwise licensed by the Commission, that
is licensed to purchase, obtain, and possess cannabis or marijuana
product solely for the purpose of transporting, temporary storage,
sale and distribution to marijuana establishments, but not to consumers.
Marijuana transporters may be an existing licensee transporter or
third party transporter.
(a)
EXISTING LICENSEE TRANSPORTERA marijuana establishment that contracts with other marijuana establishments to transport the establishment's marijuana and marijuana products to other marijuana establishments.
(b)
THIRD PARTY TRANSPORTERAn entity registered to do business in Massachusetts that does not hold another marijuana establishment license pursuant to 935 CMR 500.050 and is not registered as a registered marijuana dispensary pursuant to 105 CMR 725.
MICROBUSINESS
A co-located marijuana establishment that can be either a
Tier 1 marijuana cultivator or product manufacturer or both, in compliance
with the operating procedures for each license. A microbusiness that
is a marijuana product manufacturer may purchase no more than 2,000
pounds of marijuana per year from other marijuana establishments.
SENSITIVE LAND USE
Any of the land use activities outlined in Subsection
D(4), Required land use buffers, which require that any and all structures housing adult use marijuana establishments must locate beyond a specified spatial buffer requirement from the subject land use activity.
SOCIAL CONSUMPTION OPERATOR
A marijuana retailer licensed to purchase marijuana and marijuana
products from marijuana establishment and to sell marijuana and marijuana
products on its premises only to consumers or allow consumers to consume
marijuana and marijuana products on its premises only.
SPECIAL PERMIT GRANTING AUTHORITY
The special permit granting authority shall be defined as the City of Chicopee City Council per City of Chicopee City Zoning Code, Article
II, Administration and Enforcement, §
275-9, Special permits.