For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 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. For the purpose of this division, CANNABIS does not mean "industrial hemp" as defined by Cal. Health and Safety Code § 11018.5.
CANNABIS BUSINESS. Any PERSON engaged in any CANNABIS BUSINESS ACTIVITY, as those terms are defined in this article.
CANNABIS BUSINESS ACTIVITIES TAX. The tax due under this article for engaging in CANNABIS BUSINESS ACTIVITIES in the unincorporated area of the COUNTY.
CANNABIS BUSINESS ACTIVITY or CANNABIS BUSINESS OPERATION. Shall have the meaning set forth in Cal. Business and Professions Code § 26001(k). CANNABIS BUSINESS ACTIVITY does not include personal CULTIVATION as defined in Chapter 11.15 of this code.
CANNABIS COORDINATOR. The COUNTY official responsible for the issuance, renewal, or reinstatement of CANNABIS permits, and the COUNTY official authorized to initiate and/or take disciplinary action against a CANNABIS permittee. In the event that a CANNABIS COORDINATOR has not been appointed by the Board of Supervisors, or in the event of the unavailability of the CANNABIS COORDINATOR, the CANNABIS COORDINATOR shall mean the Director of the Resource Management Agency, or his/her designee.
CANNABIS PRODUCTS. Shall have the same meaning set forth in Cal. Revenue and Taxation Code § 34010(g).
CANOPY, CANOPY AREA, PLANT CANOPY, PLANTS CANOPY AREA, or CULTIVATION AREA. The cumulative total square footage of all areas occupied by any portion of a CANNABIS plant, inclusive of all vertical planes, whether contiguous or non-contiguous, including the space between plants within the CANOPY AREA, on any one site as calculated by the CANNABIS COORDINATOR, or their designee, but does not include aisles or other open areas outside the CANOPY AREA. The CANOPY includes, but is not limited to, the area occupied by CANNABIS plant seeds, seedlings, immature plants, mature plants, or any CANNABIS plant, or part thereof, in any stage of processing, including harvesting, drying, curing, trimming, and the like.
COUNTY OF SAN BENITO or COUNTY. The COUNTY OF SAN BENITO, as a political subdivision of the State of California or entity, and/or as related to the land or jurisdiction to which this chapter applies, means the unincorporated area of SAN BENITO COUNTY.
CULTIVATION. Any activity involving the PROPAGATION, planting, growing, harvesting, or PROCESSING, as defined in this article, of one or more CANNABIS plants, or any part thereof, in any location, indoor or outdoor, including from within a fully enclosed and secure building or structure.
CULTIVATOR. A PERSON engaged in the CULTIVATION of CANNABIS.
DELIVERY. Shall have the same meaning set forth in Cal. Business and Professions Code § 26001(p).
DISTRIBUTION. The procurement, sale, and TRANSPORT of CANNABIS and CANNABIS PRODUCTS.
DISTRIBUTOR. A PERSON engaged in the DISTRIBUTION of CANNABIS and/or CANNABIS PRODUCTS between CANNABIS BUSINESSES.
ENGAGED IN CANNABIS BUSINESS ACTIVITIES.
(1) The commencing, conducting, operating, managing, or carrying on of a CANNABIS BUSINESS and the exercise of corporate or franchise powers, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the unincorporated area of the COUNTY or coming into the unincorporated area of the COUNTY from an outside location to engage in such activities. A PERSON shall be deemed ENGAGED IN CANNABIS BUSINESS ACTIVITIES within the COUNTY if:
(a) Such PERSON or PERSON'S employee maintains a fixed place of business within unincorporated area of the COUNTY for the benefit or partial benefit of such PERSON;
(b) Such PERSON or PERSON'S employee owns or leases real property within the unincorporated area of COUNTY for business purposes;
(c) Such PERSON or PERSON'S employee regularly maintains a stock of tangible personal property in the unincorporated area of COUNTY for sale in the ordinary course of business;
(d) Such PERSON or PERSON'S employee regularly conducts solicitation of business within the unincorporated area of COUNTY;
(e) Such PERSON or PERSON'S employee performs work or renders services in the unincorporated area of COUNTY; or
(f) Such PERSON or PERSON'S employee utilizes the streets within the unincorporated area of COUNTY in connection with the operation of motor vehicles for business purposes.
(2) The foregoing specified activities shall not be a limitation on the meaning of ENGAGED IN CANNABIS BUSINESS ACTIVITIES.
GROSS RECEIPTS. Shall have the same meaning as set forth in Cal. Revenue and Taxation Code § 6012.
MANUFACTURE. The production, preparation, PROPAGATION, or compounding of CANNABIS or CANNABIS PRODUCTS, either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis.
MANUFACTURER. A PERSON engaged in the MANUFACTURE of CANNABIS and/or CANNABIS PRODUCTS.
MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, Cal. Business and Professions Code Section 26000 et seq.
MICROBUSINESS. Shall have the meaning set forth in the Cal. Business and Professions Code § 26070(a)(3)(A).
NON-MEDICINAL CANNABIS. CANNABIS used for adult-use, recreational, or non-medicinal purposes.
NURSERY. A CANNABIS BUSINESS that engages only in the production of CANNABIS clones, immature plants, seeds, and other agricultural products used specifically for the planting, PROPAGATION, and CULTIVATION of CANNABIS.
PERSON. An individual, firm, partnership, joint venture, association, corporation, cooperative, company, collective, organization, business, and/or entity.
PROCESS or PROCESSING. All CANNABIS BUSINESS ACTIVITIES associated with drying, curing, grading, trimming, storing, packaging, and labeling of raw CANNABIS, or any part thereof, for TRANSPORT.
PROPAGATE or PROPAGATION. To cultivate immature plants from CANNABIS plant cuttings or seeds.
RETAIL SALE, SELL, and TO SELL. Includes any transaction whereby, for any consideration, title to CANNABIS or CANNABIS PRODUCTS is transferred from one PERSON to another, and includes the DELIVERY of CANNABIS or CANNABIS PRODUCTS pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of CANNABIS or CANNABIS PRODUCTS by a CANNABIS permittee to the CANNABIS permittee from whom the CANNABIS or CANNABIS PRODUCT was purchased.
RETAILER. A PERSON engaged in the RETAIL of CANNABIS and/or CANNABIS PRODUCTS.
TESTING LABORATORY or LABORATORY. A LABORATORY, facility, or entity in the state that offers or performs tests of CANNABIS or CANNABIS PRODUCTS, and that is accredited by an accrediting body that is independent from all other PERSONS involved in commercial CANNABIS activity in the state.
TRANSPORT or TRANSPORTATION. The transfer of CANNABIS from the licensed CANNABIS BUSINESS site of one MAUCRSA licensee to the licensed CANNABIS BUSINESS site of another MAUCRSA licensee for the purposes of conducting CANNABIS BUSINESS ACTIVITIES as authorized pursuant to Cal. Business and Professions Code § 26000 et seq. CANNABIS may only be transported inside of a commercial vehicle or trailer and may not be visible or identifiable from outside of the commercial vehicle or trailer. TRANSPORTATION by means of aircraft, watercraft, drones, rail, human powered vehicles, and unmanned vehicles is prohibited. The COUNTY shall not prevent the carriage of CANNABIS or CANNABIS PRODUCTS on public roads by a MAUCRSA licensee acting in compliance with state law to TRANSPORT CANNABIS or CANNABIS PRODUCTS from the licensed CANNABIS BUSINESS site of one MAUCRSA licensee to the licensed CANNABIS BUSINESS site of another MAUCRSA licensee.
TRANSPORTER. A PERSON engaged in the TRANSPORTATION of CANNABIS and/or CANNABIS PRODUCTS between CANNABIS BUSINESSES.
TREASURER-TAX COLLECTOR. The TREASURER-TAX COLLECTOR of the COUNTY, his or her deputies, unless another COUNTY officer or employee is assigned by resolution of the Board of Supervisors, to perform all or a portion of the duties as listed herein, in which case, the TREASURER-TAX COLLECTOR shall be interpreted as the PERSON defined in the resolution.
(Measure C Initiative, adopted 2018)