Definitions. Unless the particular provision or the context otherwise
requires, the definitions and provisions contained in this section
shall govern the construction, meaning and application of words and
phrases used in this subsection:
CANNABIS
Means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. "Cannabis" also
means the separated resin, whether crude or purified, obtained from
cannabis. "Cannabis" 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. For the purpose of this division, "cannabis"
does not mean "industrial hemp" as defined by Section 11018.5 of the
Health and Safety Code.
COMMERCIAL CANNABIS ACTIVITY
Includes the cultivation, possession, manufacture, distribution,
processing, storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis and cannabis products as provided for
in this division.
CULTIVATION
Means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
CULTIVATION SITE
Means a location where cannabis is planted, grown, harvested,
dried, cured, graded, or trimmed, or a location where any combination
of those activities occurs.
CULTIVATION PERSONAL USE
Means that within a private residence occupied by a person
twenty-one (21) years and older, up to six (6) nonmedical cannabis
plants per private residence maybe cultivated indoors for personal
use pursuant to the Adult Use of Marijuana Act. Cultivation shall
be limited to covered space in personal residence or in an attached
garage or other fully enclosed and locked accessory structure located
entirely on property owned or legally possessed by the occupant.
DELIVERY
Means the commercial transfer of cannabis or cannabis products
to a customer. "Delivery" also includes the use by a retailer of any
technology platform owned and controlled by the retailer.
IDENTIFICATION CARD
Shall have the same definition or given such term in California
Health and Safety Code Section 11362.7, as may be amended, and which
defines "Identification Card" as a document issued under the authority
of the State Department of Health Services which identifies a person
authorized to engage in the medical use of cannabis, and identifies
the person's designated primary caregiver, if any.
LIVE PLANTS
Means living cannabis flowers and plants, including seeds,
immature plants, and vegetative stage plants.
MANUFACTURER
Means a licensee that conducts the production, preparation,
propagation, or compounding of cannabis or cannabis products either
directly or indirectly or by extraction methods, or independently
by means of chemical synthesis, or by a combination of extraction
and chemical synthesis at a fixed location that packages or repackages
cannabis or cannabis products or labels or relabels its container.
MEDICAL CANNABIS DISPENSARY
Means any association, business, facility, use, establishment,
location, delivery service, cooperative, collective, or provider,
whether fixed or mobile, that possesses, cultivates, distributes,
or makes available medical cannabis to three (3) or more of the following:
a primary caregiver, a qualified patient, or a patient with an identification
card or a patient with a prescription or recommendation from a medical
doctor. A dispensary shall not include the following uses, as long
as the location of such uses is otherwise regulated by this Code or
applicable law:
3.
A residential care facility for persons with chronic life-threatening
illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health
and Safety Code;
4.
A residential care facility for the elderly licensed pursuant
to Chapter 3.2 of Division 2 of the
Health and Safety Code;
5.
A residential hospice or a health home agency licensed pursuant to Chapter
8 of Division 2 of the
Health and Safety Code, as long as such use complies strictly with applicable law, including but not limited to,
Health and Safety Code Section 11362.5 et seq.
PHYSICIAN'S RECOMMENDATION
Means a recommendation by a physician and surgeon that a
patient use cannabis provided in accordance with the Compassionate
Use Act of 1996 (Proposition 215), found at Section 11362.5 of the
Health and Safety Code.
PRIMARY CAREGIVER
Shall have the same definition as given such term in California
Health and Safety Code Sections 11362.5 and 11362.7 as may be amended,
and which define "primary caregiver" as an individual, designated
by a qualified patient or identification card holder, who has consistently
assumed responsibility for the housing, health, or safety of that
qualified patient.
QUALIFIED PATIENT
Means a person who is entitled to the protections of Health
and Safety Code Section 11362.5 for patients who obtain and use cannabis
for medical purposes upon the recommendation of an attending physician,
whether or not that person applied for and received a valid identification
card issued pursuant to State law.