Definitions. Whenever used in this section, unless otherwise expressly
stated or unless the context or subject matter requires a different
meaning, the following terms shall have the representative meanings
hereinafter set forth or indicated:
ADULT-USE COOPERATIVE LICENSE
A cooperative license authorizes the acquisition, possession,
cultivation, processing, distribution, and sale from the licensed
premises to the adult-use cooperative to licensed distributors, on-site
consumption sites, registered organizations, or to retail sites, but
not directly to cannabis consumers.
ADULT-USE CULTIVATOR LICENSE
An adult-use cultivator's license acquisition, possession,
distribution, growing cultivation and sale of cannabis from the licensed
premises of the grower. Allowed activities include the agricultural
production practices of planting, growing, cloning, harvesting, drying,
curing, grading, and trimming of cannabis.
ADULT-USE PROCESSOR LICENSE
A processor's license authorizes the acquisition, possession,
processing, and sale of cannabis from the licensed premises of an
adult-use cultivator to a licensed processor or distributor. Processing
includes blending, extracting, infusing, packaging, labeling, branding
and otherwise making or preparing cannabis products. Processing shall
not include the cultivation of cannabis or retail sales.
APPLICANT
Unless otherwise specified in this section, shall mean a
person applying for any cannabis, medical cannabis or cannabinoid
hemp license or permit issued by the New York State Cannabis Control
Board pursuant to this chapter that has a significant presence in
New York State, either individually or by having a principal corporate
location in the state; is incorporated or otherwise organized under
the laws of this state; or a majority of the ownership are residents
of this state. For the purposes of this section, "person" means an
individual, institution, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership or association,
or any other legal entity.
CANNABINOID
The phytocannabinoids found in hemp and does not include
synthetic cannabinoids as that term is defined in Subdivision (g)
of Schedule I of § 3306 of the Public Health Law.
CANNABINOID HEMP
Any hemp and any product processed or derived from hemp that
is used for human consumption, provided that when such product is
packaged or offered for retail sale to a consumer, it shall not have
a concentration of more than 0.3% delta-9-tetrahydrocannabinol.
CANNABINOID HEMP PROCESSOR LICENSE
A license granted by the office to process, extract, pack
or manufacture cannabinoid hemp or hemp extract into products, whether
in intermediate or final form, used for human consumption.
CANNABIS
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the 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. It does not include
hemp, cannabinoid hemp or hemp extract as defined by this section,
or any drug products approved by the Federal Food and Drug Administration.
CANNABIS CONSUMER
A person 21 years of age or older acting in accordance with
any provision of this section.
CANNABIS FLOWER
The flower of a plant of the genus Cannabis that has been
harvested, dried, and cured, prior to any processing whereby the plant
material is transformed into a concentrate, including, but not limited
to, concentrated cannabis or an edible or topical product containing
cannabis or concentrated cannabis and other ingredients. "Cannabis
flower" excludes leaves and stem.
CANNABIS TRIM
All parts of the plant of the genus Cannabis other than cannabis
flower that have been harvested, dried, and cured, but prior to any
further processing.
CANNABIS-INFUSED PRODUCTS
Products that have been manufactured and contain either cannabis
or concentrated cannabis and other ingredients that are intended for
use or consumption.
CARING FOR
Treating a patient in the course of which the practitioner
has completed a full assessment of the patient's medical history
and current medical condition.
CERTIFIED MEDICAL USE
Includes the acquisition, cultivation, manufacture, delivery,
harvest, possession, preparation, transfer, transportation, or use
of medical cannabis for a certified patient; or the acquisition, administration,
cultivation, manufacture, delivery, harvest, possession, preparation,
transfer, or transportation of medical cannabis by a designated caregiver
or designated caregiver facility; or paraphernalia relating to the
administration of cannabis, including whole cannabis flower, to treat
or alleviate a certified patient's medical condition or symptoms
associated with the patient's medical condition.
CERTIFIED PATIENT
A patient who is a resident of New York State or receiving
care and treatment in New York State, as determined by the board in
regulation and is certified under this chapter.
CONCENTRATED CANNABIS
(1)
The separated resin, whether crude or purified, obtained from
cannabis; or
(2)
A material, preparation, mixture, compound, or other substance
which contains more than 3% by weight or by volume of total THC, as
defined in this section.
CONDITION
Having one of the following conditions: cancer, positive
status for human immunodeficiency virus or acquired immune deficiency
syndrome, amyotrophic lateral sclerosis, Parkinson's disease,
multiple sclerosis, damage to the nervous tissue of the spinal cord
with objective neurological indication of intractable spasticity,
epilepsy, inflammatory bowel disease, neuropathies, Huntington's
disease, post-traumatic stress disorder, pain that degrades health
and functional capability where the use of medical cannabis is an
alternative to opioid use, substance use disorder, Alzheimer's,
muscular dystrophy, dystonia, rheumatoid arthritis, autism or any
other condition certified by the practitioner.
CULTIVATION
Growing, cloning, harvesting, drying, curing, grading, and
trimming of cannabis plants for sale to certain other categories of
cannabis license and permit holders.
DELIVERY
The direct delivery of cannabis products by a retail licensee,
microbusiness licensee, or delivery licensee to a cannabis consumer.
DESIGNATED CAREGIVER
An individual designated by a certified patient in a registry
application. A certified patient may designate up to five designated
caregivers, not counting designated caregiver facilities or designated
caregiver facilities' employees.
DESIGNATED CAREGIVER FACILITY
A facility that registers with the office to assist one or
more certified patients with the acquisition, possession, delivery,
transportation or administration of medical cannabis and is a general
hospital or residential health care facility operating pursuant to
Article 28 of the Public Health Law; an adult care facility operating
pursuant to Title 2 of Article 7 of the Social Services Law; a community
mental health residence established pursuant to § 41.44
of the Mental Hygiene Law; a hospital operating pursuant to § 7.17
of the Mental Hygiene Law; a mental hygiene facility operating pursuant
to Article 31 of the Mental Hygiene Law; an inpatient or residential
treatment program certified pursuant to Article 32 of the Mental Hygiene
Law; a residential facility for the care and treatment of persons
with developmental disabilities operating pursuant to Article 16 of
the Mental Hygiene Law; a residential treatment facility for children
and youth operating pursuant to Article 31 of the Mental Hygiene Law;
a private or public school; research institution with an internal
review board; or any other facility as determined by the board in
regulation.
DISTRIBUTOR
Any person who sells at wholesale any cannabis product, except
medical cannabis, for the sale of which a license is required under
the provisions of this chapter.
FORM OF MEDICAL CANNABIS
Characteristics of the medical cannabis recommended or limited
for a particular certified patient, including the method of consumption
and any particular strain, variety, and quantity or percentage of
cannabis or particular active ingredient, or whole cannabis flower.
HEMP
The plant Cannabis sativa L. and any part of such plant,
including the seeds thereof and all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or not,
with a delta-9-tetrahydrocannabinol concentration (THC) of not more
than 0.3% on a dry weight basis. It shall not include "medical cannabis,"
as defined in this section.
HEMP EXTRACT
All derivatives, extracts, cannabinoids, isomers, acids,
salts, and salts of isomers derived from hemp used or intended for
human consumption for its cannabinoid content, with a delta-9-tetrahydrocannabinol
concentration of not more than an amount determined by the office
in regulation. For the purpose of this section, hemp extract excludes
(a) any food, food ingredient or food additive that is generally recognized
as safe pursuant to federal law; or (b) any hemp extract that is not
used for human consumption. Such excluded substances shall not be
regulated pursuant to the provisions of this section but are subject
to other provisions of applicable state law, rules, and regulations.
LABOR PEACE AGREEMENT
An agreement between an entity and a labor organization that,
at a minimum, protects the state's proprietary § 854-A interests by prohibiting labor organizations and members
from engaging in picketing, work stoppages, boycotts, and any other
economic interference with the entity.
LABORATORY TESTING FACILITY
Any independent laboratory capable of testing cannabis and
cannabis products for adult use and medical use, cannabinoid hemp
and hemp extract, or for all categories of cannabis and cannabis products
as per regulations set forth by the State Cannabis Control Board.
LICENSE
A written authorization as provided under this chapter permitting
persons to engage in a specified activity authorized pursuant to this
chapter.
LICENSEE
An individual or an entity who has been granted a license
under this chapter.
MARIJUANA
For the purposes of this chapter (Code), "marijuana" may
be used interchangeably with "cannabis."
MEDICAL CANNABIS
Cannabis, as defined in this section, intended for a certified
medical use, as determined by the Board in consultation with the Commissioner
of Health.
MICROBUSINESS
A licensee that may act as a cannabis producer for the cultivation
of cannabis, a cannabis processor, a cannabis distributor, and a cannabis
retailer under this section, provided such licensee complies with
all requirements imposed by this section on licensed producers, processors,
distributors, and retailers to the extent the licensee engages in
such activities.
NURSERY
A licensee that produces only clones, immature plants, seeds,
and other agricultural products used specifically for the planting,
propagation, and cultivation of cannabis by licensed adult-use cannabis
cultivators, microbusinesses, cooperatives, and registered organizations.
NURSERY LICENSE
A nursery license authorizes the production, sale, and distribution
of clones, immature plants, propagation, and cultivation of cannabis
by licensed adult-use cultivators, cooperatives, microbusinesses,
or registered organizations.
ON-SITE CONSUMPTION
The consumption of cannabis in an area licensed as provided
for in this chapter.
PACKAGE
Any container or receptacle used for holding cannabis or
cannabis products.
PERMIT
A permit issued pursuant to this chapter.
PERMITTEE
Any person to whom a permit has been issued pursuant to this
chapter.
PRACTITIONER
A practitioner who is licensed, registered, or certified
by New York State to prescribe controlled substances within the state.
Nothing in this chapter shall be interpreted so as to give any such
person authority to act outside their scope of practice as defined
by Title VIII of the Education Law. Additionally, nothing in this
chapter shall be interpreted to allow any unlicensed, unregistered,
or uncertified person to act in a manner that would require a license,
registration, or certification pursuant to Title VIII of the Education
Law.
PROCESSOR
A licensee that extracts concentrated cannabis and/or compounds,
blends, extracts, infuses, or otherwise manufactures concentrated
cannabis or cannabis products, but not the cultivation of the cannabis
contained in the cannabis product.
REGISTRY APPLICATION
An application properly completed and filed with the board
by a certified patient under article three of this section.
RETAIL SALE
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee, of any cannabis,
cannabis product, cannabinoid hemp or hemp extract product to a cannabis
consumer for any purpose other than resale.
RETAILER
Any person who sells at retail any cannabis product, the
sale of which requires a license under the provisions of this chapter.
SMALL BUSINESS
As defined in § 131 of the Economic Development
Law and shall apply for purposes of this chapter where any inconsistencies
exist.
SMOKING
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains cannabis, including the use of
an electronic smoking device that creates an aerosol or vapor.
TERMINALLY ILL
An individual who has a medical prognosis that the individual's
life expectancy is approximately one year or less if the illness runs
its normal course.
THC
Delta-9-tetrahydrocannabinol; delta-8-tetrahydrocannabinol;
delta-10-tetrahydrocannabinol and the optical isomer of such substances.
TOTAL THC
The sum of the percentage by weight or volume measurement
of tetrahydrocannabinolic acid multiplied by 0.877, plus the percentage
by weight or volume measurement of THC.
WAREHOUSE
A place in which cannabis products are securely housed or
stored.
WHOLESALE
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee of any adult-use,
medical-use cannabis or cannabis product, or cannabinoid hemp and
36 hemp extract products for purposes of resale.