For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. All parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than 0.3% on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and does not include:
(1) 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, fiber, oil or cake; or the sterilized seed of the plant that is incapable of germination; or
(2) The weight of any other ingredient combined with cannabis products to prepare topical or oral administrations, food, drink or another product.
CANNABIS CONSUMPTION AREA. An area, licensed by the State Cannabis Control Division, where cannabis products may be served and consumed.
CANNABIS COURIER. A person that transports cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
CANNABIS ESTABLISHMENT. Includes the following:
(1) A cannabis testing laboratory;
(2) A cannabis manufacturer;
(3) A cannabis producer;
(4) A cannabis retailer;
(5) A cannabis research laboratory;
(6) A vertically integrated cannabis establishment;
(7) A cannabis producer microbusiness; or
(8) An integrated cannabis microbusiness.
CANNABIS MANUFACTURER.
(1) A person that:
(a) Manufactures cannabis products;
(b) Packages cannabis products;
(c) Has cannabis products tested by a cannabis testing laboratory; or
(d) Purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments.
(2) The Division may license four classes of manufacture.
(a) CLASS I. A licensee that only packages or repackages cannabis products, or labels or relabels the cannabis product container.
(b) CLASS II. A licensee that conducts Class I activities and manufactures edible products or topical products using infusion processes, or other types of cannabis products other than extracts or concentrates, and does not conduct extractions.
(c) CLASS III. A licensee that conducts Class I and Class II activities and extracts using mechanical methods or nonvolatile solvents.
(d) CLASS IV. A licensee that conducts Class I, Class II and Class III activities and extracts using volatile solvents or supercritical CO2.
CANNABIS PRODUCER. A person that:
(1) Cultivates cannabis plants;
(2) Has unprocessed cannabis products tested by a cannabis testing laboratory;
(3) Transports unprocessed cannabis products only to other cannabis establishments; or
(4) Sells cannabis products wholesale.
CANNABIS PRODUCER MICROBUSINESS. A cannabis producer at a single licensed premises that possesses not more than 200 total mature cannabis plants at any one time.
CANNABIS PRODUCT. A product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients.
CANNABIS RESEARCH LABORATORY. A facility that produces or possesses cannabis products and all parts of the plant genus Cannabis for the purpose of studying cannabis cultivation, characteristics or uses.
CANNABIS RETAILER. A person that sells cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
CANNABIS TESTING LABORATORY. A person that samples, collects and tests cannabis products and transports cannabis products for the purpose of testing.
DAYCARE. A facility required to be licensed by the state that provides care, services and supervision for less than 24 hours a day to children.
INTEGRATED CANNABIS MICROBUSINESS. A person that is authorized to conduct one or more of the following:
(1) Production of cannabis at a single licensed premises; provided that the person shall not possess more than 200 total mature cannabis plants at any one time;
(2) Manufacture of cannabis products at a single licensed premises;
(3) Sales and transportation of only cannabis products produced or manufactured by that person;
(4) Operation of only one retail establishment; and
(5) Couriering of cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
SCHOOL. The part of a school district that is a single attendance center in which instruction is offered by one or more teachers and is discernible as a building or group of buildings generally recognized as either pre-kindergarten, elementary, middle school or high school or any combination of those and includes a charter school.
VERTICALLY INTEGRATED CANNABIS ESTABLISHMENT. A person that is authorized to act as any of the following:
(1) A cannabis courier;
(2) A cannabis manufacturer;
(3) A cannabis producer; and
(4) A cannabis retailer.
(Ord. 2010-018, passed 11-18-2021; Ord. 2010-018, passed 2-16-2022)