Definitions. For the purpose of this section, the following words and phrases shall mean:
AUMA:the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.
Commercial Marijuana Activity:shall include, but is not limited to, the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and/or marijuana products, whether or not for profit. "Commercial marijuana activity" also includes the activities of any business or other activity licensed by the state or other government entity under Chapter 3.5 of Divisions 8 or Division
10 of the Business and Professions Code, as they may be amended from time to time.
Compassionate Use Act or CUA:the Compassionate Use Act of 1996, or Proposition 215, approved by the voters on November 5, 1996, and codified in Health and Safety Code Section
11362.5, as the same may be amended from time to time.
Concentrated Cannabis:shall have the same meaning as the phrase "cannabis concentrate" is defined in Business and Professions Code Section
19300.5, as the same may be amended from time to time.
Cultivation:any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
Delivery:shall mean and include the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this division that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products. "Delivery" shall also include, but is not limited to, all "delivery" activities as defined in Business and Professions Code Section
19300.5(m), as the same may be amended from time to time.
Distribution:the procurement, sale, and transport of marijuana, marijuana products, and marijuana accessories between entities licensed under Chapter 3.5 of Division 8 or Division
10 of the Business and Professions Code, as they may be amended from time to time.
Identification Card:a document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.
Indoor or Indoors:means within a fully enclosed and secure structure as defined in subsection
E of this section.
Licensee:the holder of any state-issued license related to marijuana activities, including, but not limited to, licenses issued under Divisions
8 and
10 of the Business and Professions Code, as they may be amended from time to time.
Manufacture:to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
Marijuana:shall have the same meaning as "cannabis" as set forth in Business and Professions Code Section
19300.5(f), as the same may be amended from time to time, and shall include 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. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana. "Marijuana" also means marijuana as defined by Section
11018 of the Health and Safety Code. For the purpose of this section, "marijuana" does not mean "industrial hemp" as defined by Section
81000 of the Food and Agricultural Code or Section
11018.5 of the Health and Safety Code. Marijuana also means "medical marijuana" as defined in this section.
Marijuana Accessories:any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
Marijuana Dispensary:any facility, location, vehicle, or activity, whereby marijuana, marijuana products, or marijuana devices for the use of marijuana are offered, either individually or in any combination for retail sale, whether mobile or stationary, including an establishment that delivers marijuana and marijuana products as part of a retail sale. The term "dispensary" shall be construed to include, but not be limited to, all "dispensary" and retail facilities as defined in Chapter 3.5 of Division 8 or Division
10 of the Business and Professions Code, as they may be amended from time to time. The term "dispensary" also includes a mobile marijuana dispensary as defined in this section. The term "dispensary" shall be broadly and liberally interpreted to achieve the purpose of this section.
Marijuana Product:shall mean marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients. "Marijuana product" shall include both non-medical marijuana products and medical marijuana products as defined in this section.
MCRSA:the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. The MCRSA was formerly known as the Medical Marijuana Regulation and Safety Act.
Medical Marijuana:marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section
11362.7, as such section may be amended from time to time.
Medical Marijuana Product:shall have the same meaning as "cannabis product" or "medical cannabis product" as set forth in Business and Professions Code Section
19300.5(ag), as the same may be amended from time to time, and shall include marijuana, as well as concentrates and extractions, intended to be sold for use by medical marijuana patients pursuant to the Compassionate Use Act of 1996 (Proposition 215).
Mobile Marijuana Dispensary:the use of a motor vehicle that in any way involves growing, distributing, delivering, selling or making available to persons, with or without financial payment or consideration and regardless of the number of persons served, marijuana or medical marijuana products, including marijuana for medical purposes as described in California Health and Safety Code Section
11362.5.
Person:any individual, firm, co-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 the plural as well as the singular.
Primary Caregiver:the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.
Physician:an individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.
Private Residence:a house, an apartment unit, a mobile home, or other similar dwelling lawfully used as a residence.
Qualified Patient:a person who is entitled to the protections of California Health and Safety Code Section
11362.5, as such section may be amended from time to time, but who does not have an identification card issued by the State Department of Health Services.
Sale:shall include any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.