1173.02 DEFINITIONS.
   For purposes of this chapter definitions will be as defined by Ohio Revised Code Title 37 and this chapter:
   (a)   "Dispensary" means a Person who has a certificate or License to Operate a dispensary under the Ohio Revised Code and/or the Ohio Administrative Code or other similar State Regulation.
   (b)   "Dispense" means to sell, leave with, give away, dispose of, or deliver and shall have the same meaning as set forth in Ohio Revised Code as the same may be amended from time to time.
   (c)   “Distribution" means the process of transporting products from the manufacturer or storage facility to a place of marketing and dispensing.
   (d)   “Cultivate" means to grow, harvest, package, and transports Marijuana or Marijuana-infused products.
   (e)   "Licensee" means a person in whose name a license to operate a Marijuana Business has been issued, as well as the person(s) designated on the License application as principally responsible for the operation of the Marijuana Business.
   (f)    "Marijuana or Marihuana" means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. "Marihuana" does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Marihuana" does not include "hemp" or a "hemp product" as those terms are defined in Section 928.01 of the Ohio Revised Code.
   (g)   "Marijuana Accessories" means any equipment, product, material, or a combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing Marijuana into the human body.
   (h)   "Marijuana Cultivation Facility" means a facility licensed by the City of Harrison and/or State of Ohio, to acquire, cultivate, process, package, store, transport, and/or sell Marijuana, Marijuana seeds, Marijuana vegetative cuttings (also known as clones) to a Marijuana Dispensary facility, Marijuana Testing Facility, or to a Marijuana-Infused Products Facility.
   (i)   "Marijuana Business" shall mean and refer a Dispensary, Marijuana Cultivation Facility, Marijuana-Infused Products Facility, Marijuana Testing Facility and any other business that dispenses, distributes, cultivates, sells, or handles Marijuana or Marijuana-infused products.
   (j)   "Marijuana-Infused Products Facility" means a facility licensed by the City of Harrison and/or State of Ohio to acquire, process, package, store, manufacture, transport Marijuana-infused products to or from a dispensary, Marijuana Cultivation Facility, or Marijuana Testing Facility. A comprehensive Marijuana-Infused Products Facility need not segregate or account for its Marijuana products as either non-medical Marijuana or medical Marijuana.
   (k)   "Marijuana Testing Facility" means a person that is licensed by the State of Ohio or another governmental or quasi-governmental entity that is licensed, employed, empowered or appointed by the State of Ohio to analyze the potency of Marijuana and/or test Marijuana for harmful contaminants.
   (l)   "Operate" means to control or hold primary responsibility for the operation of a Marijuana Business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operated" or "cause to be operated" shall mean to cause to function or to put or keep in operation. Operator means any persons on the premises of a Marijuana Business who is authorized to exercise overall operational control or hold primary responsibility for the operation of a Marijuana Business or who causes to function or who puts or keeps in operation the Marijuana Business. A person may be found to be operating or causing to be operated a Marijuana Business whether or not that person is an owner, part owner, or licensee of the Marijuana Business.
   (m)   "Person" means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or other legal entity.
   (n)   "Sale and Sell" includes delivery, barter, exchange, transfer, or gift, or offer thereof, and each transaction of those natures made by any person, whether as principal, proprietor, agent, servant, or employee.
   (o)   "Applicant" shall mean a person who applies for a license.
   (p)   "License" shall mean a license to Operate a Marijuana Business within the City of Harrison.
   (q)   "Marijuana Controlled Operation Agreement" shall mean an agreement between the City of Harrison and a person to operate a Marijuana Business within the City of Harrison.
   (r)   "Regulation" shall mean any law, code, statute, procedure or other regulation promulgated or adopted by the State of Ohio.
      (Ord. 12-24. Passed 6-4-24.)