For purposes of this Chapter, the terms and words in this Section are defined as follows and in accordance with the relevant provisions of state law, as amended from time to time.
"Accessory Structures" shall have the meaning set forth in Chapter 19.08, Definitions, of the Cupertino Municipal Code.
"Commercial cannabis activity" shall have the same meaning set forth in California Business and Professions Code § 26001(k).
"Cultivation" shall have the same meaning as set forth in California Business and Professions Code § 26001(l).
"Delivery" shall have the same meaning as set forth in California Business and Professions Code § 26001(p).
"Distribution" shall mean the procurement, sale, and transport of cannabis and cannabis products between licensees, as defined in California Business and Professions Code § 26001(r).
"Identification Card" shall have the same meaning as set forth in state law, including California Health and Safety Code § 11362.7(g).
"Marijuana or cannabis" shall have the meaning set forth in California Business and Professions Code § 26001(f). Marijuana and cannabis are used interchangeably in this Code. The term "marijuana' shall also include "medical marijuana," "medicinal marijuana product" and "cannabis product" as defined in Business and Professions Code § 26001.
"Marijuana accessories" shall have the same meaning as set forth in California Business and Professions Code § 26001(g).
"Marijuana cultivation" shall have the same meaning as set forth in California Business and Professions Code § 26001(l).
"Marijuana cultivation site" shall have the same meaning as set forth in California Business and Professions Code § 26001(m).
"Marijuana delivery" shall have the meaning set forth in California Business and Professions Code § 26001(p).
"Marijuana dispensary" means any business, office, store, facility, location, retail storefront, or wholesale component of any establishment, cooperative or collective that delivers, whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent the purposes set forth in California Health and Safety Code § 11362.5.
"Medicinal marijuana" and "medicinal marijuana products" shall have the same meaning set forth in California Business and Professions Code § 26001(ai).
"Medicinal marijuana dispensary" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medicinal marijuana or medicinal marijuana product, is sold, made available, and/or distributed. A "medicinal marijuana dispensary" does not include the following facilities that provide medical care and supportive services to a qualified patient, person with an identification card, or employs a primary caregiver providing services to a qualified patient or person with an identification card at that facility:
a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
c. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;
d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or
e. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
"Marijuana products" shall have the same meaning as set forth in California Business and Professions Code § 26001(i).
"Operation" shall have the same meaning set forth in California Business and Professions Code § 26001(ak).
"Outdoors" means any location that is not within a fully enclosed and secure structure.
"Person" includes 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.
"Primary caregiver" shall have the same meaning as set forth in the California Health and Safety Code § 11362.7.
"Private residence" means a legal, house, apartment unit, accessory dwelling unit or other similar residential dwelling.
"Qualified patient" shall have the same meaning as set forth in Health and Safety Code § 11362.7.
"Sale," "sell," "sale," and "to sell" shall have the same meaning as set forth in California Business and Professions Code § 26001(as).
(Ord. 17-2169, § 1 (part), 2017)