Definitions and word usage. Whenever used in this section, words
in the singular include the plural and vice versa. As used in this
section, the following terms shall have the meanings indicated:
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 New York State 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 of a percent delta-9 tetrahydrocannabinol.
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.
CANNABIS PRODUCT
Otherwise known as adult-use cannabis product means cannabis,
concentrated cannabis, and cannabis-infused products for use by a
cannabis consumer.
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 of a percent 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 article, 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 article but are subject
to other provisions of applicable state law, rules, and regulations.
MEDICAL CANNABIS
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.
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 article; provided such licensee complies with
all requirements imposed by this article on licensed producers, processors,
distributors and retailers to the extent the licensee engages in such
activities.
ON-SITE CONSUMPTION SITES
The consumption of cannabis in an area licensed as provided
in the New York State Marijuana Regulation and Tax Act, as amended.
RETAIL DISPENSARY
Any facility or person who sells at retail any cannabis product,
the sale of which a license is required under the provisions of the
New York State Marijuana Regulation and Tax Act. Any facility or person
who receives an order for, to keep or expose for sale, and to keep
with intent to sell, made by any licenses 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. For the purposes of this definition
a site used for delivery shall be considered a retail dispensary.
[Amended 10-20-2023 by L.L. No. 20-2023]
SUBSTANTIAL OR SIGNIFICANT PORTION
The sale of any cannabis, cannabinoid, cannabinoid hemp, medical cannabis, hemp, hemp extract or cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids or other substances of any type as defined in §
213-129.3 of this Code shall automatically designate a building or premise as substantially or significantly engaged in the sale and therefore subject to the provisions of this Code.