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For purposes of this chapter, the following terms are defined as follows:

A. "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, as defined in California Business and Professions Code Section 26001, subdivision (f), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute. "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. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code, as that section may be amended or interpreted by the California courts or superseded by any successor statute. "Cannabis" includes "medical cannabis."

B. "Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency, in accordance with the definition in California Business and Professions Code Section 26001, subdivision (h), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

C. "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients in accordance with the definition in California Health and Safety Code Section 11018.1, as that section may be amended or interpreted by the California courts or superseded by any successor statute.

D. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of cannabis and cannabis products in accordance with the definition in California Business and Professions Code Section 26001, subdivision (k), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

E. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, in accordance with the definition in California Business and Professions Code Section 26001, subdivision (m), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

F. "Customer" means a natural person twenty-one years of age or older in accordance with the definition in California Business and Professions Code Section 26001, subdivision (n), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

G. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer and includes the use by a retailer of any technology platform in accordance with the definition in California Business and Professions Code Section 26001, subdivision (p), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

H. "Dispensary" means a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale at that location, as well as an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale. Dispensary does not include the following uses, so long as the location of such uses is otherwise regulated by and strictly complies with this code and other applicable law, including California Health and Safety Code Section 11362.5, known as the CUA, and California Health and Safety Code Section 11362.7 and following, known as the MMP, as such sections may be amended or interpreted by the California courts or superseded by any successor statute:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

5. The delivery, administration or provision of medical cannabis by a designated primary caregiver to the qualified patient of the primary caregiver or to the person with an identification card who has designated the individual as a primary caregiver at the primary residence of the qualified patient or person with an identification card who has designated the individual as a primary caregiver.

I. "Fully enclosed and secure structure" means a code compliant space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more locking doors.

J. "Licensee" means any person holding a license under Division 10, entitled "Cannabis," of the California Business and Professions Code, and includes the holder of a testing laboratory license, in accordance with the definition in California Business and Professions Code Section 26001, subdivision (z), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

K. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product, in accordance with the definition in California Business and Professions Code Section 26001, subdivision (ag), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

L. "Manufacturer" means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly 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 marijuana or marijuana products or labels or relabels its container, in accordance with the definition in California Business and Professions Code Section 26001, subdivision (ah), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

M. "Medical cannabis" or "medical cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, in accordance with the definition in California Business and Professions Code Section 26001, subdivision (ai), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

N. "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code Section 11362.7, subdivision (d), as that section and subsection may be amended or interpreted by the California courts, including, but not limited to, the California Supreme Court case of People v. Mentch (2008) 45 Cal. 4th 274, or superseded by any successor statute.

O. "Qualified patient" shall have the same definition as set forth in California Health and Safety Code Section 11362.7, subdivision (f), as that section and subsection may be amended or interpreted by the California courts or superseded by any successor statute.

P. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling, in accordance with the definition in California Health and Safety Code Section 11362.2, subdivision (b), paragraph (5), as that section, subdivision and paragraph may be amended or interpreted by the California courts or superseded by any successor statute.

Q. "Sell," "sale," and "to sell" mean 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 the cannabis or cannabis product was purchased, in accordance with the definition in California Business and Professions Code Section 26001, subdivision (as), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

R. "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: accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state and licensed by the Bureau of Cannabis Control, in accordance with the definition in California Business and Professions Code Section 26001, subdivision (at), as that section and subdivision may be amended or interpreted by the California courts or superseded by any successor statute.

S. "Volatile solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures, in accordance with the definition in California Health and Safety Code Section 11362.3, subdivision (b), paragraph (3), as that section, subdivision and paragraph may be amended or interpreted by the California courts or superseded by any successor statute.

(Ord. 2634 NCS §3 (part), 2017.)