Definitions under the “Medicinal and Adult-Use Cannabis Regulation and Safety Act”

Proposed Cannabis Regulation Trailer Bill, April 4, 2017

Definitions under the “Medicinal and Adult-Use Cannabis Regulation and Safety Act”

Business and Professions Code § 26001

(a)       “A-license” means a state license issued under this division for cannabis or cannabis products that are intended for adults 21 years of age and over who do not possess a physician’s recommendation.

(b)        “A-licensee” means any person or entity holding a license under this division for cannabis or cannabis products that are intended for adults 21 years of age and over who do not possess a physician’s recommendation.

(c)        “Applicant” means: an owner applying for a state license pursuant to this division.

(d)       “Batch” means a specific quantity of homogeneous medicinal cannabis or medicinal cannabis product and is one of the following types:

(1)        “Harvest batch” means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals, and harvested at the same time.

(2)        “Manufactured cannabis batch” means either:

(A)       An amount of cannabis concentrate or extract produced in one production cycle using the same extraction methods and standard operating procedures, and is from the same harvest batch.

(B)       An amount of a type of manufactured cannabis produced in one production cycle using the same formulation and standard operating procedures.

(e)        “Bureau” means the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Medical Cannabis Regulation and Bureau of Medical  Regulation.

(f)        “Cannabis” means 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” also means  as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972.

“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 chapter, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

(g)        “Cannabis accessories” has the same meaning as  accessories in Section 11018.2 of the Health and Safety Code.

(h)        Cannabis concentrate means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes, used in manufacturing, is a concentrate for purposes of this chapter. Residue from a cannabis plant that is collected as a byproduct of the cultivation or cleaning process that contains granular trichomes is not a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

(i)         “Cannabis products” has the same meaning as products in Section 11018.1 of the Health and Safety Code.

(j)         “Child resistant” means designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly.

(k)        “Commercial  cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of  cannabis and cannabis products as provided for in this division.

(l)         “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

(m)       “Cultivation site” means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities.

(n)        “Customer” means a natural person 21 years of age or over.

(o)        “Day care center” shall have the same meaning as in Section 1596. 76 of the Health and Safety Code.

(p)        “Delivery” means the commercial transfer of  cannabis or  cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer.

(q)        “Director” means the Director of the Department of Consumer Affair.

(r)        “Distribution” means the procurement, sale, and transport of  cannabis and  cannabis products between entities licensed pursuant to this division.

(s)        “Dried flower” means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

(t)        “Edible cannabis product” means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible medical cannabis product is not considered food as defined by Section 109935 of the Health and Safety Code or a drug as defined by Section 109925 of the Health and Safety Code.

(u)        “Fund” means the Cannabis Control Fund established pursuant to Section 26210 of the Business & Professions Code.

(v)        “Kind” means applicable type or designation regarding a particular  cannabis variant or  cannabis product type, including, but not limited to, strain name or other grower trademark, or growing area designation.

(w)       “Labeling” means any label or other written, printed, or graphic matter upon a medical cannabis product, or upon its container or wrapper, or that accompanies any medical cannabis product.

(x)        “License” means a state license issued under this division and includes both an A-license and an M-license.

(y)        “Licensee” means any person or entity holding a license under this division, regardless it is an A-license and an M-license.

(z)        “Licensing authority” means the state agency responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the Licensee.

(aa)      “Live plants” means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.

(bb)      “Local jurisdiction” means a city, county, or city and county.

(cc)      “Lot” means a batch or a specifically identified portion of a batch.

(dd)     “M-license” means a state license issued under this division for cannabis or cannabis products that are intended for use solely by an individual who possesses a physician’s recommendation.

(ee)      “M-licensee” means any person or entity holding a license under this division for cannabis or cannabis products that are intended for use solely by an individual who possesses a physician’s recommendation.

(ff)       “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a  cannabis product.

(gg)      “Manufacturer” means a person that conducts 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 at a fixed location that packages or repackages  cannabis or  cannabis products or labels or re-labels its container, that holds a state license pursuant to this division.

(hh)      Deleted.

(ii)        Deleted.

(jj)        Deleted.

(kk)      “Medicinal cannabis,” “medicinal cannabis product,” means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code. For the purposes of this chapter, “medical cannabis” does not include “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

(ll)        “Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of  cannabis.

(mm)    “Operation” means any act for which licensure is required under the provisions of this division, or any commercial transfer of  cannabis or  cannabis products.

(nn)      “Owner” means any of the following:

(1)        All persons with an aggregate ownership interest of 20 percent or more in the person applying for a license, unless such interest is solely a security, lien, or encumbrance;

(2)        The chief executive officer of an entity or nonprofit;

(3)        All members of the board of directors of a nonprofit; or

(4)        An individual that will be participating in the direction, control, or management of the licensed commercial cannabis business.

(oo)      “Package” means any container or receptacle used for holding  cannabis or  cannabis products.

(pp)      “Person” includes any individual, firm, co-partnership, joint venture, association, corporation, Limited Liability Company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

(qq)      “Physician’s recommendation” means a recommendation that a patient use cannabis provided in accordance with Section 11362.5 of the Health and Safety Code.

(rr)       “Purchaser” means the customer who is engaged in a transaction with a licensee for purposes of obtaining  cannabis or  cannabis products.

(ss)       “Sell,” “sale,” and “to sell” include any transaction whereby, for any consideration, title to  cannabis 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 licensee to the licensee from whom such  cannabis or  cannabis product was purchased.

(tt)       “Testing laboratory” means a laboratory, facility, or entity in the state, that offers or performs tests of cannabis or cannabis products, and that is both of the following:

(1)        Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.

(2)        Licensed by the Bureau of Cannabis Control.

(uu)      “Topical cannabis” means a product intended for external use. A topical cannabis product is not considered a drug as defined by Section 109925 of the Health and Safety Code.

(vv)      “Unique identifier” means an alphanumeric code or designation used for reference to cannabis associated with a license.

(ww)      “Youth center” shall have the same meaning as in Section 11353.1 of the Health and Safety Code.

 

 

 

 

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