For purposes of this division, the following definitions shall apply:
(a)
“Applicant” means the following:
(1)
The owner or owners of a proposed licensee. “Owner” means all persons having (A) an aggregate ownership interest (other than a security interest, lien, or encumbrance) of 20 percent or more in the licensee and (B) the power to direct or cause to be directed, the management or control of the licensee.
(2)
If the applicant is a publicly traded company, “owner” includes the chief executive officer and any member of the board of directors and any person or entity with an aggregate ownership interest in the company of 20 percent or
more. If the applicant is a nonprofit entity, “owner” means both the chief executive officer and any member of the board of directors.
(b)
“Bureau” means the Bureau of Marijuana Control within the Department of Consumer Affairs.
(c)
“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.
(d)
“Commercial marijuana activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products as provided for in this division.
(e)
“Cultivation” means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of marijuana.
(f)
“Customer” means a natural person 21 years of age or over.
(g)
“Day care center” shall have the same meaning as in Section 1596.76 of the Health and Safety Code.
(h)
“Delivery” means the commercial transfer of marijuana or marijuana products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this division, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
(i)
“Director” means the Director of the Department of Consumer Affairs.
(j)
“Distribution”
means the procurement, sale, and transport of marijuana and marijuana products between entities licensed pursuant to this division.
(k)
“Fund” means the Marijuana Control Fund established pursuant to Section 26210.
(l)
“Kind” means applicable type or designation regarding a particular marijuana variant or marijuana product type, including, but not limited to, strain name or other grower trademark, or growing area designation.
(m)
“License” means a state license issued under this division.
(n)
“Licensee” means any person or entity holding a license under this division.
(o)
“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.
(p)
“Local jurisdiction” means a city, county, or city and county.
(q)
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
(r)
“Manufacturer” means a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana 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 marijuana or marijuana products or labels or re-labels its container, that holds a state license pursuant to this division.
(s)
“Marijuana” has the same
meaning as in Section 11018 of the Health and Safety Code, except that it does not include marijuana that is cultivated, processed, transported, distributed, or sold for medical purposes under Chapter 3.5 (commencing with Section 19300) of Division 8.
(t)
“Marijuana accessories” has the same meaning as in Section 11018.2 of the Health and Safety Code.
(u)
“Marijuana products” has the same meaning as in Section 11018.1 of the Health and Safety Code, except that it does not include marijuana products manufactured, processed, transported, distributed, or sold for medical purposes under Chapter 3.5 (commencing with Section 19300) of Division 8.
(v)
“Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation
of marijuana.
(w)
“Operation” means any act for which licensure is required under the provisions of this division, or any commercial transfer of marijuana or marijuana products.
(x)
“Package” means any container or receptacle used for holding marijuana or marijuana products.
(y)
“Person” includes any individual, firm, copartnership, 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.
(z)
“Purchaser” means the customer who is engaged in a transaction with a licensee for purposes of obtaining marijuana or marijuana products.
(aa)
“Sell,” “sale,” and “to sell” include any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana 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 marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.
(bb)
“Testing service” means a laboratory, facility, or entity in the state, that offers or performs tests of marijuana or marijuana products, including the equipment provided by such laboratory, facility, or entity, and that is both of the following:
(1)
Accredited by an accrediting body that is independent from all other persons involved in commercial marijuana activity in the state.
(2)
Registered with the State Department of Public Health.
(cc)
“Unique identifier” means an alphanumeric code or designation used for reference to a specific plant on a licensed premises.
(dd)
“Unreasonably impracticable” means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset, that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent business person.
(ee)
“Youth center” shall have the same meaning as in Section 11353.1 of the Health and Safety Code.