As used in this chapter.
CANNABIS. Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, CANNABIS does not include 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 (except the resin extracted from it), fiber, oil, or cake, or the sterilized seed of the plant that is incapable of germination. CANNABIS does not include industrial hemp as defined and authorized under the Industrial Hemp Act. CANNABIS also means cannabis flower, concentrate and cannabis infused products.
CANNABIS CONCENTRATE. A product derived from cannabis that is produced by extracting
cannabinoids, including tetrahydrocannabinol (THC) from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water, ice, or dry ice; or butane, propane, CO
2
, ethanol, or isopropanol and with the intended use of smoking or making a cannabis-infused product. The use of any other solvent is expressly prohibited unless and until it is approved by the Department of Agriculture.
CANNABIS CONTAINER. A sealed, traceable, container, or package used for the purpose of containment of cannabis or cannabis-infused product during transportation.
CANNABIS FLOWER. Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis; including raw kief, leaves, and buds, but not resin that has been extracted from any part of such plant; nor any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin.
CANNABIS-INFUSED PRODUCT. A beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked.
CANNABIS PARAPHERNALIA. Equipment, products and materials which are intended to be used for planting, propagating, cultivating, growing, harvesting, manufacturing, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, or otherwise introducing cannabis into the human body.
ENCLOSED, LOCKED SPACE. A closet, room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by authorized individuals under this Act, ENCLOSED, LOCKED SPACE may include:
(1) A space within a residential building that is the primary residence of the individual cultivating five or fewer cannabis plants that are more than five inches tall and includes sleeping quarters and indoor plumbing and is only accessible by a key or code that is different from any key or code that can be used to access the residential building from the exterior; or
(2) A structure, such as a shed or greenhouse, that lies on the same plot of land as a residential building that includes sleeping quarters and indoor plumbing and is used as a primary residence by the person cultivating five or fewer cannabis plants that are more than five inches tall. The structure must remain locked when it is unoccupied by people.
MINOR. Any individual under the age of 21 years old.
PERSON. A natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, limited liability company, or a receiver, executor, trustee, guardian, or other representative appointed by order of any court.
PUBLIC PLACE. Any place where a person could reasonably be expected to be observed by others. PUBLIC PLACE includes all parts of buildings, parks, recreation areas, wildlife areas, or playgrounds owned in whole or in part, or leased, by the state or a unit of local government. PUBLIC PLACE does not include a private residence unless the private residence is used to provide licensed childcare, foster care, or other similar social service care on the premises.
(Prior Code, § 134.04) (Ord. 04-O-1805, passed 7-7-2004; Ord. 05-O-1842, passed 11-16-2005; Ord. 20-O-2262, passed 4-15-2020; Ord. 20-O-2279, passed 8-19-2020) Penalty, see § 134.99