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The definitions in this Section are intended to apply to this Chapter only. Any term which is not specifically defined herein shall have the definition as provided by Division 10 of the Development Code or elsewhere within the County Code.
(a) CANNABIS OR MARIJUANA. 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 marijuana. “Cannabis” also includes “marijuana” as defined by § 11018 of the Health and Safety Code as currently enacted or hereafter amended.
(b) CANNABIS CONCENTRATE. Cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product’s potency. Concentrate includes, but is not limited to, wax, oil, and tinctures.
(c) CANNABIS PLANT. Any mature or immature cannabis plant, any cannabis seedling or any clipping or cutting from a cannabis plant that contains roots.
(d) CANNABIS PRODUCT. Cannabis that has undergone a process whereby the raw cannabis has been transformed into a concentrate, including, but not limited to, cannabis concentrate. Cannabis product also includes products containing cannabis and other ingredients, such as, but not limited to, edible cannabis products and topical cannabis products.
(e) COMMERCIAL CANNABIS ACTIVITY. Any enterprise or activity, whether or not for profit, gain or benefit, concerning the cultivation, production, storage, processing, manufacture, dispensing, delivery, distribution, laboratory testing, transportation, provision, or sale of cannabis or cannabis products, for medical purposes or otherwise. Without limiting the foregoing, “commercial cannabis activity” specifically includes, but is not limited to, those activities defined as “commercial cannabis activity” by Business and Professions Code § 19300.5, as currently enacted or hereafter amended.
(f) CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, whether conducted indoors or outdoors.
(g) DELIVERY. The transfer of cannabis or cannabis products by: a person or entity located within the unincorporated County directly to an individual within the unincorporated County; or, a person, entity or location outside of the unincorporated County to an individual within the unincorporated County. Delivery includes the use of any technology platform that enables entities or individuals to arrange for or facilitate the transfer of cannabis or cannabis products.
(h) DISPENSARY. A facility or location, whether fixed or mobile, where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, made available to, or provided, either individually or in any combination, with or without remuneration, for medical purposes or otherwise. A dispensary includes those facilities defined as a “dispensary” by Business and Professions Code § 19300.5, as currently enacted or hereafter amended.
(i) DISTRIBUTION. The procurement, sale, and transport of cannabis or cannabis products between entities or facilities. Distribution does not include such transactions if done directly to an individual end-user.
(j) EDIBLE CANNABIS PRODUCT. Manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, any type of food, drink, or pill, for medical purposes or otherwise.
(k) ENFORCEMENT OFFICER. Any County employee, Special District employee, or agent of the County or Special District with the authority to enforce any provision of the County Code, specifically:
(1) The Code Enforcement Chief, Program Manager, each Code Enforcement Supervisor, and each Code Enforcement Officer or other designated employee of the Code Enforcement Division of the Land Use Services Department, or successor department thereto;
(2) The Building Official, each Regional Building and Safety Supervisor, each Building Inspector, and other designated employees of the Building and Safety Division of the Land Use Services Department;
(3) The Fire Chief/Fire Warden, Fire Marshal, and other designated employees of the San Bernardino County Fire Protection District;
(4) The Director, each Inspector, and other designated employees of the Environmental Health Services Division of the Department of Public Health;
(5) The Division Chief, each Animal Control Supervisor/Officer, and other designated employees of the Animal Care and Control Program of the Department of Public Health;
(6) The Sheriff-Coroner, each Deputy Sheriff (all ranks), and other designated employees of the Department of the Sheriff-Coroner;
(7) The Director and other designated employees of the Public Works Department;
(8) The Agricultural Commissioner, Agricultural/Standards Officers, and other designated employees of the Department of Agriculture/Weights and Measures; and
(9) Any other director and other designated employees of a County department or Special District as designated by the County Executive Officer or the Board of Supervisors.
(l) IDENTIFICATION CARD. A document issued by the California Department of Public Health that identifies a person authorized under California law to engage in the medical use of marijuana and the person’s designated primary caregiver, if any.
(m) MANUFACTURE. To produce, prepare, propagate, compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. The manufacture of cannabis includes the use of non-volatile solvents and volatile solvents. Volatile solvents include, but are not limited to, volatile organic compounds, including:
(1) Explosive gases, such as butane, propane, xylene, styrene, gasoline, kerosene, O2 and H2; and
(2) Dangerous poisons, toxins, or carcinogens, such as methanol, iso-propyl alcohol, methylene chloride, acetone, benzene, toluene, and tri-chloro-ethylene.
(n) MANUFACTURER. A person or facility that conducts the production, preparation, propagation, manufacture, or compounding of manufactured 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 includes, but is not limited to, those persons defined as “manufacturers” by Business and Professions Code § 19300.5, as currently enacted or hereafter amended.
(o) PERSON WITH AN IDENTIFICATION CARD. An individual who is a qualified patient and who has applied for and received a valid identification card pursuant to the Medical Marijuana Program (Health and Safety Code §§ 11362.7 et seq.) as currently in effect or hereafter amended.
(p) PRIVATE RESIDENCE. A single-family dwelling, a multi-family dwelling unit, a mobile home, or a residential accessory structure thereto. For purposes of this Chapter, a residential accessory structure includes only those structures that are limited to the sole use of the single-family dwelling, multi-family dwelling unit, or mobile home in which the person with an identification card or primary caregiver resides. A private residence does not include: hotels, motels, bed and breakfast inns, residential care facilities, group residential facilities, transitional housing, or any other use subject to the Transient Occupancy Tax as provided in § 14.0203 of the County Code.
(q) PRIMARY CAREGIVER. The individual designated by a qualified patient or person with an identification card as one who has consistently assumed responsibility for the housing, health, or safety of the patient and who meets the definition of a “primary caregiver” as defined by Health and Safety Code § 11362.7, as currently enacted or hereafter amended.
(r) QUALIFIED PATIENT. A person entitled to the protections of Health and Safety Code § 11362.5, but who does not have an identification card.
(s) TOPICAL CANNABIS PRODUCT. A product containing cannabis that is intended for external use, such as but not limited to, lotions, balms, and oils.
(t) TRANSPORT. The transfer of cannabis or cannabis products from one facility or site to another facility or site, for the purposes of conducting commercial cannabis activity.
(u) TESTING LABORATORY. A facility, entity, or site that offers or performs tests of cannabis or cannabis products. A testing laboratory includes, but is not limited to, those facilities, entities, and sites defined by Business and Professions Code § 19300.5, as currently enacted or hereafter amended.
(Ord. 4309, passed - -2016)