(a) "Primary Care Giver" has the same meaning as defined by state law, including but not limited to Health & Safety Code sections 11362.5(e) and 11362.7(d). As explained in People v. Mentch (2008) 45 Cal.4th 274, a "primary caregiver" is a person who (1) consistently provides caregiving to a qualified patient, (2) independent of any assistance in taking medical cannabis, (3) at or before the time he or she assumed responsibility for assisting with medical cannabis.
(b) "Qualified Patient" has the same meaning as defined by state law, including but not limited to Health & Safety Code sections 11362.7(f) and 11362.5(b).
(c) "Medical Cannabis Collective" or "Collective" means any cannabis cooperative association or combination of primary caregivers and/or qualified patients collectively or cooperatively cultivating and/or storing cannabis for medical purposes as provided in Business and Professions Code Section 26220 et seq.
(d) "Medical Cannabis Collective Facility" or "Collective Facility" means any location at which members of a medical cannabis collective collectively or cooperatively cultivate, store or exchange cannabis among themselves or reimburse each other or the medical cannabis collective for cultivation, overhead costs and operating expenses. "Medical Cannabis Collective Facility" or "Collective Facility" does not mean or include the following facilities licensed pursuant to the following provisions of Division 2 of the Health and Safety Code:
(1) A clinic licensed pursuant to Chapter 1;
(2) A health facility licensed pursuant to Chapter 2;
(3) A residential care facility for persons with chronic, life-threatening illnesses licensed pursuant to Chapter 3.01;
(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2; or
(5) A residential hospice or a home health agency licensed pursuant to Chapter 8.
(e) "Commercial Cannabis Microbusiness" means a cannabis facility that holds an A-Type 12 (Adult Use) or M-Type-12 (Medical Use) Microbusiness license in accordance with Business and Professions Code Section 26050, and is engaged in three of the four following medical commercial cannabis activities:
(1) Retailer
(2) Cultivation of cannabis on an area less than 10,000 square feet
(3) Manufacturing
(4) Distribution
(f) "Commercial Cannabis Retailer" means a retail storefront facility that sells cannabis and cannabis products and holds an A-Type 10 (Adult Use) or M-Type 10 (Medical Use) Retailer license in accordance with Business and Professions Code Section 26050.
(g) "Cannabis" has the same meaning as defined by state law, including but not limited to Health & Safety Code section 11018.
(h) "Caregiver Events" means visits, consultations, transactions, interactions or other events involving a qualified patient and his or her primary caregiver designated by the qualified patient and his or her primary caregiver to demonstrate that the primary caregiver meets the requirements of state law, including but not limited to Health & Safety Code section 11362.5(e), other relevant statutes and court decisions.
(i) "Responsible Persons" means those members of the Medical Cannabis Collective Facility or owners and/or officers of the Commercial Cannabis Microbusiness or Commercial Cannabis Retailer who shall be jointly and severally responsible for operation, management, direction, or policy of the facility in compliance with state law and this ordinance.
(j) "Applicant" or "Applicants" means those persons who are completing and executing the Application for a Cannabis Operating Compliance Certificate ("Operating Certificate").
(k) "Edible Cannabis Product" has the same meaning as defined by state law, including but not limited to Business and Professions Code section 26001(t).
(l) "Branded Merchandise" has the same meaning as defined by state law, including but not limited to the California Code of Regulations, Title 16, section 5000(b).
(Added by Ord. No. 10060 (N.S.), effective 7-30-10; amended by Ord. No. 10120 (N.S.), effective 3-3-11; amended by Ord. No. 10751 (N.S.), effective 11-19-21)