The following words and phrases shall have the following definitions when used in this section.
(a) Words and phrases contained in the Ohio Medical Marijuana Control Program ("OMMCP"), HB523. This subsection contains some words and phrases that are defined in the OMMCP. As used in this section, they have the same meaning as provided in the OMMCP, except that if at any time the definition of a word or phrase set forth below conflicts with the definition in the OMMCP, then the definition in the OMMCP shall apply. These words and phrases are as follows:
(1) "Department" means the State Department of Commerce.
(2) "Marihuana" means that term as defined in Ohio R.C. Chapter 3719.
(3) "Medical marijuana" means that term as defined in Ohio R.C. 3796.01.
(4) "Primary caregiver" means a person who is at least twenty-one years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs.
(5) "Qualifying patient" means a person who has been diagnosed by a physician as having a qualifying medical condition.
(b) Other words and phrases. The words and phrases in this subsection, as used in this section, shall have the following meanings:
(1) "Marijuana" means "marihuana" as used in the OMMCP.
(2) "Medical marijuana cultivation facility" means a building or part of a building where marijuana plants are being grown or processed in compliance with the OMMCP, other than a medical marijuana home occupation or a dwelling unit in which marijuana is being cultivated for a qualifying patient who resides in the dwelling unit as permitted under Section 790.07.
(3) "Medical marijuana dispensary" means a building or part of a building where one or more primary caregivers operate with the intent to transfer marijuana between primary caregivers and/or qualifying patients, other than a medical marijuana home occupation or a dwelling unit in which the transfer of marijuana occurs between a primary caregiver and qualifying patient who resides in the dwelling unit as permitted under Section 790.07.
(4) "Medical marijuana home occupation" means an accessory use of a nonresidential nature that is conducted by a registered primary caregiver who resides in the dwelling and (A) is performed within a single-family dwelling or within an accessory building to that single-family dwelling; (B) is for the purpose of assisting one or more registered qualifying patients with the medical use of marijuana who do not reside in the dwelling and (C) complies with the OMMCP.
(5) "Medical marijuana research and testing facility" means a building or part of a building where a qualified agency conducts research and testing as permitted by OMMCP.
(6) "Ohio Medical Marijuana Control Program and OMMCP" mean H13523 of the 131st Ohio General Assembly.
(Ord. 310(20-21). Passed 12-16-21.)