§ 5.78.050. Definitions.

When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

A.

"Applicant" means an owner applying for a commercial cannabis permit pursuant to this chapter.

B.

"Batch" means a specific quantity of homogeneous cannabis or cannabis product that 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.

2.

"Manufactured cannabis batch" means either of the following:

a.

An amount of cannabis concentrate or extract produced in one production cycle using identical input materials, extraction methods, and standard operating procedures, and intended to have uniform character and quality; or

b.

An amount of a type of manufactured cannabis produced in one production cycle using identical formulation and standard operating procedures that is intended to have uniform character and quality.

C.

"Bureau" means the California Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation.

D.

"Business license" means a license issued by the City of Pasadena that allow individuals or companies to conduct business within the city.

E.

"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 marijuana as defined by Section 11018 of the Health and Safety Code. "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 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

F.

"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 from a cannabis plant is a concentrate. 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.

G.

"Cannabis product" 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 cannabis or concentrated cannabis and other ingredients. "Cannabis product" also means marijuana products as defined by Section 11018.1 of the California Health and Safety Code and is not limited to medical cannabis products.

H.

"Canopy" means all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site. When plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants) each plane shall be counted as a separate canopy area.

I.

"Caregiver" or "primary caregiver" has the same meaning as that term is defined in Section 11362.7 of the Health and Safety Code.

J.

"City" means the City of Pasadena, a California Charter City.

K.

"Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products for commercial purposes as provided for in this chapter.

L.

"Commercial cannabis business" means any business or operation which engages in medicinal or adult-use commercial cannabis activity.

M.

"Commercial cannabis permit" means a regulatory permit issued by the City of Pasadena pursuant to this chapter to a commercial cannabis business.

N.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, and includes, but is not limited to, operation of a nursery.

O.

"Cultivation site" means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.

P.

"Customer" means a natural person 21 years of age or over or a natural person 18 years of age or older who possesses a physician's recommendation.

Q.

"Day care center" has the same meaning as in Section 1596.76 of the Health and Safety Code.

R.

"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, leased, or controlled by the retailer.

S.

"Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a retailer.

T.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between state licensees.

U.

"Distributor" means a person or entity holding a valid state license and permitted to engage in the business of the distribution of cannabis and cannabis products between state licensed cannabis facilities.

V.

"Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

W.

"Edible cannabis product" means cannabis product 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 Chapter 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible 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.

X.

"Greenhouse" means a fully enclosed and legally permitted permanent structure that is clad in transparent material with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental lighting for cultivation.

Y.

"Labeling" means any label or other written, printed, or graphic matter upon a cannabis product, upon its container.

Z.

"License, state" means a state license issued under the MAUCRSA, and can include both an A-license and an M-license.

AA.

"Licensee, state" means any person holding a license under the MAUCRSA, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.

BB.

"Licensing authority" means the state agency responsible for the issuance, renewal, or reinstatement of the state license, or the state agency authorized to take disciplinary action against the state licensee.

CC.

"Limited-access area" means an area in which cannabis and cannabis products are stored or held and are only accessible to the owner, operator and cannabis facility authorized personnel.

DD.

"Live plants" means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.

EE.

"Local jurisdiction" means a city, county, or city and county.

FF.

"Lot" means a batch or a specifically identified portion of a batch.

GG.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

HH.

"Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction, or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.

II.

"Manufacturer" means a state licensee 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 relabels its container.

JJ.

"Medicinal cannabis" or "medicinal 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 Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.

KK.

"Operation" means any act for which licensure is required under the provisions of this chapter, or any commercial transfer of cannabis or cannabis products.

LL.

"Owner" means any of the following:

1.

All persons identified as an "owner" on any permit, license, or other authorization issued by a state agency or local government which authorizes the persons to establish and operate the cannabis facility.

2.

Any person identified or required to be identified as an "owner" on an application filed with any state agency and any local government, wherein the application requests the privilege to operate the cannabis facility.

3.

If no person under subsection 1 or 2, above, exists:

a.

A person with an aggregate ownership interest of 20 percent or more in the corporate entity, partnership, or other business entity applying for a permit or a permittee, unless the interest is solely a security, lien, or encumbrance.

b.

The chief executive officer of a nonprofit or other entity.

c.

A member of the board of directors of a nonprofit.

d.

An individual who will be participating in the direction, control, or management of the person applying for a permit. A member of the board of directors of a nonprofit.

e.

An individual who will be participating in the direction, control, or management of the person applying for a permit.

MM.

"Package" means any container or receptacle used for holding cannabis or cannabis products.

NN.

"Patient" or "qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code Section 11362.5.

OO.

"Permittee" means a person who has obtained a commercial cannabis permit from the city to operate a cannabis business.

PP.

"Person" includes any individual, firm, 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.

"Person with an identification card" shall have the meaning given that term by California Health and Safety Code Section 11362.7.

RR.

"Physician's recommendation" means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

SS.

"Premises" means the designated structure or structures and land where the commercial cannabis business will be operated. The premises shall be a contiguous area and shall only be occupied by one state licensee unless the operator is granted an M-License and an A-License for the same type of activity and such operation is lawful under state and local laws, rules, and regulations.

TT.

"Retailer" means a commercial cannabis business where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the City of Pasadena authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.

UU.

"Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products are 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 state licensee to the state licensee from whom the cannabis or cannabis product was purchased.

VV.

"Testing laboratory" means a cannabis business that (i) offers or performs tests of cannabis or cannabis products, (ii) offers no service other than such tests, (iii) sells no products, excepting only testing supplies and materials, (iv) is accredited by any necessary accrediting body that is independent from all other persons involved in the cannabis industry in the state and (v) is registered with any necessary state agency required by law.

WW.

"Transport" means the transfer of cannabis products from the permitted business location of one state licensee to the permitted business location of another state licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA.

(Ord. No. 7326, § 1, 6-5-2018)