§ 95.02  DEFINITIONS.
   The below words and phrases, wherever used in this chapter, shall be construed as defined in this section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
   CHEMICAL EXTRACTION.  The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.
   CHEMICAL SYNTHESIS.  Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.
   CONSUME, CONSUMING, and CONSUMPTION.  The act of ingesting, inhaling or otherwise introducing marijuana into the human body.
   CONSUMER.  An individual who is at least 21 years of age and who purchases marijuana or marijuana products.
   CULTIVATE and CULTIVATION.  To propagate, breed, grow, prepare and package marijuana.
   DELIVER and DELIVERY.  The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.
   DEPARTMENT.  The State of Arizona Department of Health Services or its successor agency.
   DUAL LICENSEE.  An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
   ENCLOSED AREA.  A building, greenhouse, or other structure that has:
      (1)   A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof;
      (2)   Is secure against unauthorized entry;
      (3)   Has a foundation, slab or equivalent base to which the floor is securely attached; and
      (4)   Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors.
   EXTRACTION.  The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes.
   MANUFACTURE and MANUFACTURING.  To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
   MARIJUANA.
      (1)   Means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.
      (2)   Includes cannabis as defined in A.R.S. § 13-3401.
      (3)   Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
   MARIJUANA CONCENTRATE.
      (1)   Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.
      (2)   Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.
   MARIJUANA ESTABLISHMENT.  An entity licensed by the Department to operate all of the following:
      (1)   A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
      (2)   A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
      (3)   A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
   MARIJUANA PRODUCTS.  Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures.
   MARIJUANA TESTING FACILITY.  The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants.
   NONPROFIT MEDICAL MARIJUANA DISPENSARY. A nonprofit entity as defined in A.R.S. § 36-2801(12).
   OPEN SPACE.  A public park, public sidewalk, public walkway or public pedestrian thoroughfare.
   PERSON.  An individual, partnership, corporation, association, or any other entity of whatever kind or nature.
   PROCESS and PROCESSING.  To harvest, dry, cure, trim or separate parts of the marijuana plant.
   PUBLIC PLACE.  Has the same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01.
   SMOKE. To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.
(Ord. 678-21, passed 1-13-2021)