The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CANNABIS.
(1) All parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than .3% on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and
(2) Does not include:
(a) 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, fiber, oil or cake; or the sterilized seed of the plant that is incapable of germination; or
(b) The weight of any other ingredient combined with cannabis products to prepare topical or oral administrations, food, drink or another product.
CANNABIS CONSUMPTION AREA. An area where cannabis products may be served and consumed.
CANNABIS COURIER. A person that transports cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
CANNABIS ESTABLISHMENT.
(1) A cannabis testing laboratory;
(2) A cannabis manufacturer;
(3) A cannabis producer;
(4) A cannabis retailer;
(5) A cannabis research laboratory;
(6) A vertically integrated cannabis establishment;
(7) A cannabis producer microbusiness'; or
(8) An integrated cannabis microbusiness.
CANNABIS EXTRACT.
(1) Means a product obtained by separating resins, tetrahydrocannabinols or other substances from cannabis by extraction methods approved by the division; and
(2) Does not include the weight of any other ingredient combined with cannabis extract to prepare topical or oral administrations, food, drink or another product.
CANNABIS FLOWERS. Only the flowers of a cannabis plant.
CANNABIS MANUFACTURER. A person that:
(1) Manufactures cannabis products;
(2) Packages cannabis products;
(3) Has cannabis products tested by a cannabis testing laboratory; or
(4) Purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments.
CANNABIS PRODUCER. A person that:
(1) Cultivates cannabis plants;
(2) Has unprocessed cannabis products tested by a cannabis testing laboratory;
(3) Transports unprocessed cannabis products only to other cannabis establishments; or
(4) Sells cannabis products wholesale.
CANNABIS PRODUCER MICROBUSINESS. A cannabis producer at a single licensed premises that possesses no more than 200 total mature cannabis plants at any one time.
CANNABIS PRODUCT. A product that is or that contains cannabis or cannabis extract, including edible or topical products that may also contain other ingredients.
CANNABIS RESEARCH LABORATORY. A facility that produces or possesses cannabis products and all parts of the plant genus Cannabis for the purpose of studying cannabis cultivation, characteristics or uses.
CANNABIS RETAILER. A person that sells cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
CANNABIS TESTING LABORATORY. A person that samples, collects and tests cannabis products and transports cannabis products for the purpose of testing.
COMMERCIAL CANNABIS ACTIVITY.
(1) The cultivation, production, possession, manufacture, storage, testing, researching, labeling, transportation, couriering, purchase for resale, sale or consignment of cannabis products; and
(2) Does not include activities related only to the medical cannabis program, to cannabis training and education programs or to the personal cultivation or use of cannabis.
CONSUMER. A person 21 years of age or older who purchases, acquires, owns, possesses or uses a cannabis product for a purpose other than resale.
CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
DRY WEIGHT BASIS. When used in the context of regulation of commercial cannabis activity, means a process by which delta-9-tetrahydrocannabinol concentration is measured relative to the aggregate weight of all parts of the plant genus Cannabis, whether growing or not, including the leaves of the plant, the flowers and buds of the plant, the seeds of the plant, the resin of the plant and the stalks of the plant at the point of harvest by a licensee and with no moisture added to the harvested plant.
E-CIGARETTE. A product containing or delivering nicotine or another substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product, including a device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah or vape pen or under another product name or descriptor.
FACILITY. A building, space or grounds licensed for the production, possession, testing, manufacturing or distribution of cannabis, cannabis extracts or cannabis products.
INTEGRATED CANNABIS MICROBUSINESS. A person that is authorized to conduct 1 or more of the following:
(1) Production of cannabis at a single licensed premises; provided that the person shall not possess more than 200 total mature cannabis plants at any one time;
(2) Manufacture of cannabis products at a single licensed premises;
(3) Sales and transportation of only cannabis products produced or manufactured by that person;
(4) Operation of only 1 retail establishment; and
(5) Couriering of cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
LICENSED PREMISES. A location that includes:
(1) All enclosed public and private areas at the location that are used in the business and includes offices, kitchens, restrooms and storerooms;
(2) All areas outside of a building that are specifically included in the license for the production, manufacturing, wholesale sale or retail sale of cannabis products; and
(3) With respect to a location that is specifically licensed for the production of cannabis outside of a building, the entire unit of land that is created by subsection or partition of land that the licensee owns, leases or has a right to occupy.
MANUFACTURE. To compound, blend, extract, infuse, package or otherwise prepare a cannabis product.
MEDICAL CANNABIS. Cannabis products used by a qualified patient or reciprocal participant in accordance with the Lynn and Erin Compassionate Use Act, NMSA 1978, Chapter 26, Article 2B.
MEDICAL CANNABIS PROGRAM. The program created pursuant to the Lynn and Erin Compassionate Use Act, NMSA 1978, Chapter 26, Article 2B.
PUBLIC PLACE. A place to which the public has access and includes hallways, lobbies, and other parts of apartment houses and hotels that do not constitute rooms or apartments designed for actual residence; highways; streets; schools; places of amusement; parks; playgrounds; and places used in connection with public passenger transportation.
PUBLIC PROPERTY. Any property owned or occupied by the County of Valencia.
QUALIFIED PATIENT. A resident of New Mexico who holds a registry identification card pursuant to the Lynn and Erin Compassionate Use Act, NMSA 1978, Chapter 26, Article 2B.
RECIPROCAL PARTICIPANT. A person who is not a resident of New Mexico and who holds proof of enrollment by a governmental regulatory authority to participate in the medical cannabis program of another state of the United States, the District of Columbia or a territory or commonwealth of the United States in which the person resides or a person who holds proof of enrollment by a governmental regulatory authority of a New Mexico Indian nation, tribe or pueblo to participate in its medical cannabis program.
RETAIL ESTABLISHMENT. A location at which cannabis products are sold to qualified patients, primary caregivers and reciprocal participants and directly to consumers.
SMOKING.
(1) Inhaling from, exhaling from, burning, carrying or holding:
(a) A lighted or heated cigar, cigarette, hookah or pipe; or
(b) Any other lighted or heated tobacco or plant product intended for inhalation, including cannabis, whether natural or synthetic; or
(2) Any use of an e-cigarette that creates an aerosol or vapor.
STANDALONE BUILDING. A building whose heating, air conditioning and ventilation system services only that building.
UNPROCESSED. Unaltered from an original, raw or natural state.
VERTICALLY INTEGRATED CANNABIS ESTABLISHMENT. A person that is authorized to act as any of the following:
(1) A cannabis courier;
(2) A cannabis manufacturer;
(3) A cannabis producer; and
(4) A cannabis retailer.
(Ord. 22-01, passed 1-5-2022)