For purposes of this chapter, the following words and phrases have the same meanings as set forth below.
CANNABIS. All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS includes cannabis that is used for medicinal, adult-use, or other purposes. 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 therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. CANNABIS also does not include industrial hemp, as defined in Cal. Health and Safety Code § 11018.5.
COMMERCIAL CANNABIS ACTIVITY. The cultivation, possession, manufacture, distribution, processing, storing, packaging, labeling, transportation, delivery or sale (as those terms are defined in Cal. Business and Professions Code § 26001, as the same may be amended from time to time) of cannabis and cannabis product for medicinal, adult-use, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the Cal. Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. COMMERCIAL CANNABIS ACTIVITY does not include (1) the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient (as that term is defined in Cal. Health and Safety Code § 11362.7) for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person; or (2) the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver (as that term is defined in Cal. Health and Safety Code § 11362.7), exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Cal. Health and Safety Code § 11362.765.
DELIVERY. The commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform.
DISTRIBUTION. The procurement, sale, and transport of cannabis and cannabis products between licensees.
LABORATORY TESTING FACILITY. Shall have the same meaning as TESTING LABORATORY as defined in Cal. Business and Professions Code § 26001, as the same is amended from time to time, and also means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products and that is both accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state, and is a licensee.
LICENSEE. A person who holds a state license for research and development or laboratory testing of cannabis or cannabis products issued by the Bureau of Cannabis Control, or other state licensing authority that issues licenses to cannabis businesses, if applicable.
MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Cal. Business and Professions Code, as the same may be amended from time to time.
PERSON. Any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
RESEARCH AND DEVELOPMENT. Shall mean an establishment primarily engaged in the research of an industrial or scientific nature that is a licensee, excluding medical testing and analysis. Typical uses shall include electronics research laboratories, space research and development firms and pharmaceutical research laboratories.
(Ord. 2017-05 § 5, 2017)