Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2555Introduced by Assembly Member CooleyFebruary 15, 2018 An act to amend Section 26000 26001 of the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 2555, as amended, Cooley. Cannabis.The(1) The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health and requires those state licensing authorities to begin issuing licenses by January 1, 2018. This bill would make a nonsubstantive change in those provisions.Under existing law, the Department of Food and Agriculture may issue cannabis cultivation licenses to commercial cannabis businesses that differ depending on the size of the cultivation site and whether the site is indoor, outdoor, or mixed. AUMA also requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to implement a unique identification program for cannabis and requires a unique identifier to be issued for each cannabis plant, as specified.This bill would define immature cannabis plant, mature cannabis plant, and plant for purposes of AUMA. (2) AUMA authorizes the Legislature to amend AUMA to further the purposes and intent of AUMA with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further the purposes and intent of AUMA.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 26001 of the Business and Professions Code is amended to read:26001. For purposes of this division, the following definitions shall apply:(a) A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(b) A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(c) Applicant means an owner applying for a state license pursuant to this division.(d) Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:(1) Harvest batch. 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. Manufactured cannabis batch means either of the following:(A) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.(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 Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana 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 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 division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.(g) Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.(h) Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. 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 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, packaging, labeling, transportation, 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 a location where any combination of those activities occurs.(n) Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.(o) Day care center has 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.(q) Director means the Director of Consumer Affairs.(r) Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.(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 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 Division 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.(u) Fund means the Cannabis Control Fund established pursuant to Section 26210.(v) Immature cannabis plant or immature plant means a cannabis plant that is nonflowering and is shorter or narrower than eight inches.(v)(w) 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)(x) Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.(x)(y) Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.(y)(z) License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.(z)(aa) Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.(aa)(ab) 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.(ab)(ac) Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.(ac)(ad) Local jurisdiction means a city, county, or city and county.(ad)(ae) Lot means a batch or a specifically identified portion of a batch.(ae)(af) M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.(af)(ag) M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.(ag)(ah) Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.(ah)(ai) Manufacturer means a 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.(aj) Mature cannabis plant means a cannabis plant that is taller than eight inches or wider than eight inches of total canopy size.(ai)(ak) 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 physicians recommendation.(aj)(al) Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.(ak)(am) Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.(al)(an) Owner means any of the following:(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.(2) The chief executive officer of a nonprofit or other entity.(3) A member of the board of directors of a nonprofit.(4) An individual who will be participating in the direction, control, or management of the person applying for a license.(am)(ao) Package means any container or receptacle used for holding cannabis or cannabis products.(an)(ap) 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.(ao)(aq) Physicians 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.(ar) Plant means a mature cannabis plant.(ap)(as) Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.(aq)(at) Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.(ar)(au) Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.(as)(av) Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products 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.(at)(aw) 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.(au)(ax) Unique identifier means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.(av)(ay) Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.SECTION 1.Section 26000 of the Business and Professions Code is amended to read:26000.(a)This division shall be known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act.(b)The purpose and intent of this division is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both of the following:(1)Medicinal cannabis and medicinal cannabis products for patients with valid physicians recommendations.(2)Adult-use cannabis and adult-use cannabis products for adults 21 years of age and over.(c)In the furtherance of subdivision (b), this division sets forth the power and duties of the state agencies responsible for controlling and regulating the commercial medicinal and adult-use cannabis industry.(d)The Legislature may, by majority vote, enact laws to implement this division, provided those laws are consistent with the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2555Introduced by Assembly Member CooleyFebruary 15, 2018 An act to amend Section 26000 26001 of the Business and Professions Code, relating to cannabis. LEGISLATIVE COUNSEL'S DIGESTAB 2555, as amended, Cooley. Cannabis.The(1) The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health and requires those state licensing authorities to begin issuing licenses by January 1, 2018. This bill would make a nonsubstantive change in those provisions.Under existing law, the Department of Food and Agriculture may issue cannabis cultivation licenses to commercial cannabis businesses that differ depending on the size of the cultivation site and whether the site is indoor, outdoor, or mixed. AUMA also requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to implement a unique identification program for cannabis and requires a unique identifier to be issued for each cannabis plant, as specified.This bill would define immature cannabis plant, mature cannabis plant, and plant for purposes of AUMA. (2) AUMA authorizes the Legislature to amend AUMA to further the purposes and intent of AUMA with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further the purposes and intent of AUMA.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 23, 2018
Amended IN Assembly March 23, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2555
Introduced by Assembly Member CooleyFebruary 15, 2018
Introduced by Assembly Member Cooley
February 15, 2018
An act to amend Section 26000 26001 of the Business and Professions Code, relating to cannabis.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2555, as amended, Cooley. Cannabis.
The(1) The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health and requires those state licensing authorities to begin issuing licenses by January 1, 2018. This bill would make a nonsubstantive change in those provisions.Under existing law, the Department of Food and Agriculture may issue cannabis cultivation licenses to commercial cannabis businesses that differ depending on the size of the cultivation site and whether the site is indoor, outdoor, or mixed. AUMA also requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to implement a unique identification program for cannabis and requires a unique identifier to be issued for each cannabis plant, as specified.This bill would define immature cannabis plant, mature cannabis plant, and plant for purposes of AUMA. (2) AUMA authorizes the Legislature to amend AUMA to further the purposes and intent of AUMA with a 2/3 vote of the membership of both houses of the Legislature, except as provided.This bill would declare that its provisions further the purposes and intent of AUMA.
The
(1) The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health and requires those state licensing authorities to begin issuing licenses by January 1, 2018.
This bill would make a nonsubstantive change in those provisions.
Under existing law, the Department of Food and Agriculture may issue cannabis cultivation licenses to commercial cannabis businesses that differ depending on the size of the cultivation site and whether the site is indoor, outdoor, or mixed. AUMA also requires the Department of Food and Agriculture, in consultation with the Bureau of Cannabis Control, to implement a unique identification program for cannabis and requires a unique identifier to be issued for each cannabis plant, as specified.
This bill would define immature cannabis plant, mature cannabis plant, and plant for purposes of AUMA.
(2) AUMA authorizes the Legislature to amend AUMA to further the purposes and intent of AUMA with a 2/3 vote of the membership of both houses of the Legislature, except as provided.
This bill would declare that its provisions further the purposes and intent of AUMA.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 26001 of the Business and Professions Code is amended to read:26001. For purposes of this division, the following definitions shall apply:(a) A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(b) A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(c) Applicant means an owner applying for a state license pursuant to this division.(d) Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:(1) Harvest batch. 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. Manufactured cannabis batch means either of the following:(A) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.(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 Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana 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 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 division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.(g) Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.(h) Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. 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 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, packaging, labeling, transportation, 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 a location where any combination of those activities occurs.(n) Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.(o) Day care center has 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.(q) Director means the Director of Consumer Affairs.(r) Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.(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 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 Division 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.(u) Fund means the Cannabis Control Fund established pursuant to Section 26210.(v) Immature cannabis plant or immature plant means a cannabis plant that is nonflowering and is shorter or narrower than eight inches.(v)(w) 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)(x) Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.(x)(y) Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.(y)(z) License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.(z)(aa) Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.(aa)(ab) 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.(ab)(ac) Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.(ac)(ad) Local jurisdiction means a city, county, or city and county.(ad)(ae) Lot means a batch or a specifically identified portion of a batch.(ae)(af) M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.(af)(ag) M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.(ag)(ah) Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.(ah)(ai) Manufacturer means a 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.(aj) Mature cannabis plant means a cannabis plant that is taller than eight inches or wider than eight inches of total canopy size.(ai)(ak) 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 physicians recommendation.(aj)(al) Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.(ak)(am) Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.(al)(an) Owner means any of the following:(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.(2) The chief executive officer of a nonprofit or other entity.(3) A member of the board of directors of a nonprofit.(4) An individual who will be participating in the direction, control, or management of the person applying for a license.(am)(ao) Package means any container or receptacle used for holding cannabis or cannabis products.(an)(ap) 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.(ao)(aq) Physicians 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.(ar) Plant means a mature cannabis plant.(ap)(as) Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.(aq)(at) Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.(ar)(au) Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.(as)(av) Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products 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.(at)(aw) 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.(au)(ax) Unique identifier means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.(av)(ay) Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.SECTION 1.Section 26000 of the Business and Professions Code is amended to read:26000.(a)This division shall be known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act.(b)The purpose and intent of this division is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both of the following:(1)Medicinal cannabis and medicinal cannabis products for patients with valid physicians recommendations.(2)Adult-use cannabis and adult-use cannabis products for adults 21 years of age and over.(c)In the furtherance of subdivision (b), this division sets forth the power and duties of the state agencies responsible for controlling and regulating the commercial medicinal and adult-use cannabis industry.(d)The Legislature may, by majority vote, enact laws to implement this division, provided those laws are consistent with the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 26001 of the Business and Professions Code is amended to read:26001. For purposes of this division, the following definitions shall apply:(a) A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(b) A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(c) Applicant means an owner applying for a state license pursuant to this division.(d) Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:(1) Harvest batch. 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. Manufactured cannabis batch means either of the following:(A) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.(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 Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana 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 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 division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.(g) Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.(h) Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. 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 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, packaging, labeling, transportation, 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 a location where any combination of those activities occurs.(n) Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.(o) Day care center has 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.(q) Director means the Director of Consumer Affairs.(r) Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.(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 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 Division 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.(u) Fund means the Cannabis Control Fund established pursuant to Section 26210.(v) Immature cannabis plant or immature plant means a cannabis plant that is nonflowering and is shorter or narrower than eight inches.(v)(w) 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)(x) Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.(x)(y) Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.(y)(z) License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.(z)(aa) Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.(aa)(ab) 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.(ab)(ac) Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.(ac)(ad) Local jurisdiction means a city, county, or city and county.(ad)(ae) Lot means a batch or a specifically identified portion of a batch.(ae)(af) M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.(af)(ag) M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.(ag)(ah) Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.(ah)(ai) Manufacturer means a 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.(aj) Mature cannabis plant means a cannabis plant that is taller than eight inches or wider than eight inches of total canopy size.(ai)(ak) 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 physicians recommendation.(aj)(al) Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.(ak)(am) Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.(al)(an) Owner means any of the following:(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.(2) The chief executive officer of a nonprofit or other entity.(3) A member of the board of directors of a nonprofit.(4) An individual who will be participating in the direction, control, or management of the person applying for a license.(am)(ao) Package means any container or receptacle used for holding cannabis or cannabis products.(an)(ap) 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.(ao)(aq) Physicians 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.(ar) Plant means a mature cannabis plant.(ap)(as) Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.(aq)(at) Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.(ar)(au) Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.(as)(av) Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products 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.(at)(aw) 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.(au)(ax) Unique identifier means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.(av)(ay) Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.
SECTION 1. Section 26001 of the Business and Professions Code is amended to read:
### SECTION 1.
26001. For purposes of this division, the following definitions shall apply:(a) A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(b) A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(c) Applicant means an owner applying for a state license pursuant to this division.(d) Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:(1) Harvest batch. 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. Manufactured cannabis batch means either of the following:(A) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.(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 Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana 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 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 division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.(g) Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.(h) Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. 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 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, packaging, labeling, transportation, 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 a location where any combination of those activities occurs.(n) Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.(o) Day care center has 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.(q) Director means the Director of Consumer Affairs.(r) Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.(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 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 Division 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.(u) Fund means the Cannabis Control Fund established pursuant to Section 26210.(v) Immature cannabis plant or immature plant means a cannabis plant that is nonflowering and is shorter or narrower than eight inches.(v)(w) 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)(x) Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.(x)(y) Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.(y)(z) License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.(z)(aa) Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.(aa)(ab) 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.(ab)(ac) Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.(ac)(ad) Local jurisdiction means a city, county, or city and county.(ad)(ae) Lot means a batch or a specifically identified portion of a batch.(ae)(af) M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.(af)(ag) M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.(ag)(ah) Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.(ah)(ai) Manufacturer means a 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.(aj) Mature cannabis plant means a cannabis plant that is taller than eight inches or wider than eight inches of total canopy size.(ai)(ak) 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 physicians recommendation.(aj)(al) Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.(ak)(am) Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.(al)(an) Owner means any of the following:(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.(2) The chief executive officer of a nonprofit or other entity.(3) A member of the board of directors of a nonprofit.(4) An individual who will be participating in the direction, control, or management of the person applying for a license.(am)(ao) Package means any container or receptacle used for holding cannabis or cannabis products.(an)(ap) 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.(ao)(aq) Physicians 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.(ar) Plant means a mature cannabis plant.(ap)(as) Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.(aq)(at) Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.(ar)(au) Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.(as)(av) Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products 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.(at)(aw) 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.(au)(ax) Unique identifier means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.(av)(ay) Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.
26001. For purposes of this division, the following definitions shall apply:(a) A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(b) A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(c) Applicant means an owner applying for a state license pursuant to this division.(d) Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:(1) Harvest batch. 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. Manufactured cannabis batch means either of the following:(A) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.(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 Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana 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 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 division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.(g) Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.(h) Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. 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 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, packaging, labeling, transportation, 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 a location where any combination of those activities occurs.(n) Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.(o) Day care center has 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.(q) Director means the Director of Consumer Affairs.(r) Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.(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 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 Division 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.(u) Fund means the Cannabis Control Fund established pursuant to Section 26210.(v) Immature cannabis plant or immature plant means a cannabis plant that is nonflowering and is shorter or narrower than eight inches.(v)(w) 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)(x) Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.(x)(y) Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.(y)(z) License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.(z)(aa) Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.(aa)(ab) 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.(ab)(ac) Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.(ac)(ad) Local jurisdiction means a city, county, or city and county.(ad)(ae) Lot means a batch or a specifically identified portion of a batch.(ae)(af) M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.(af)(ag) M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.(ag)(ah) Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.(ah)(ai) Manufacturer means a 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.(aj) Mature cannabis plant means a cannabis plant that is taller than eight inches or wider than eight inches of total canopy size.(ai)(ak) 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 physicians recommendation.(aj)(al) Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.(ak)(am) Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.(al)(an) Owner means any of the following:(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.(2) The chief executive officer of a nonprofit or other entity.(3) A member of the board of directors of a nonprofit.(4) An individual who will be participating in the direction, control, or management of the person applying for a license.(am)(ao) Package means any container or receptacle used for holding cannabis or cannabis products.(an)(ap) 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.(ao)(aq) Physicians 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.(ar) Plant means a mature cannabis plant.(ap)(as) Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.(aq)(at) Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.(ar)(au) Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.(as)(av) Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products 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.(at)(aw) 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.(au)(ax) Unique identifier means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.(av)(ay) Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.
26001. For purposes of this division, the following definitions shall apply:(a) A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(b) A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.(c) Applicant means an owner applying for a state license pursuant to this division.(d) Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:(1) Harvest batch. 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. Manufactured cannabis batch means either of the following:(A) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.(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 Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana 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 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 division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.(g) Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.(h) Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. 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 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, packaging, labeling, transportation, 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 a location where any combination of those activities occurs.(n) Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.(o) Day care center has 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.(q) Director means the Director of Consumer Affairs.(r) Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.(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 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 Division 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.(u) Fund means the Cannabis Control Fund established pursuant to Section 26210.(v) Immature cannabis plant or immature plant means a cannabis plant that is nonflowering and is shorter or narrower than eight inches.(v)(w) 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)(x) Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.(x)(y) Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.(y)(z) License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.(z)(aa) Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.(aa)(ab) 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.(ab)(ac) Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.(ac)(ad) Local jurisdiction means a city, county, or city and county.(ad)(ae) Lot means a batch or a specifically identified portion of a batch.(ae)(af) M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.(af)(ag) M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.(ag)(ah) Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.(ah)(ai) Manufacturer means a 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.(aj) Mature cannabis plant means a cannabis plant that is taller than eight inches or wider than eight inches of total canopy size.(ai)(ak) 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 physicians recommendation.(aj)(al) Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.(ak)(am) Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.(al)(an) Owner means any of the following:(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.(2) The chief executive officer of a nonprofit or other entity.(3) A member of the board of directors of a nonprofit.(4) An individual who will be participating in the direction, control, or management of the person applying for a license.(am)(ao) Package means any container or receptacle used for holding cannabis or cannabis products.(an)(ap) 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.(ao)(aq) Physicians 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.(ar) Plant means a mature cannabis plant.(ap)(as) Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.(aq)(at) Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.(ar)(au) Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.(as)(av) Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products 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.(at)(aw) 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.(au)(ax) Unique identifier means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.(av)(ay) Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.
26001. For purposes of this division, the following definitions shall apply:
(a) A-license means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.
(b) A-licensee means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physicians recommendation.
(c) Applicant means an owner applying for a state license pursuant to this division.
(d) Batch means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:
(1) Harvest batch. 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. Manufactured cannabis batch means either of the following:
(A) An amount of cannabis concentrate or extract that is produced in one production cycle using the same extraction methods and standard operating procedures.
(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 Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana 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 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 division, cannabis does not mean industrial hemp as defined by Section 11018.5 of the Health and Safety Code.
(g) Cannabis accessories has the same meaning as in Section 11018.2 of the Health and Safety Code.
(h) Cannabis concentrate means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. 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 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, packaging, labeling, transportation, 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 a location where any combination of those activities occurs.
(n) Customer means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physicians recommendation, or a primary caregiver.
(o) Day care center has 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.
(q) Director means the Director of Consumer Affairs.
(r) Distribution means the procurement, sale, and transport of cannabis and cannabis products between licensees.
(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 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 Division 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.
(u) Fund means the Cannabis Control Fund established pursuant to Section 26210.
(v) Immature cannabis plant or immature plant means a cannabis plant that is nonflowering and is shorter or narrower than eight inches.
(v)
(w) 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)
(x) Labeling means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
(x)
(y) Labor peace agreement means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the states proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicants business. This agreement means that the applicant has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the applicants employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicants employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
(y)
(z) License means a state license issued under this division, and includes both an A-license and an M-license, as well as a testing laboratory license.
(z)
(aa) Licensee means any person holding a license under this division, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license.
(aa)
(ab) 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.
(ab)
(ac) Live plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
(ac)
(ad) Local jurisdiction means a city, county, or city and county.
(ad)
(ae) Lot means a batch or a specifically identified portion of a batch.
(ae)
(af) M-license means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.
(af)
(ag) M-licensee means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.
(ag)
(ah) Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(ah)
(ai) Manufacturer means a 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.
(aj) Mature cannabis plant means a cannabis plant that is taller than eight inches or wider than eight inches of total canopy size.
(ai)
(ak) 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 physicians recommendation.
(aj)
(al) Nursery means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
(ak)
(am) Operation means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.
(al)
(an) Owner means any of the following:
(1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(2) The chief executive officer of a nonprofit or other entity.
(3) A member of the board of directors of a nonprofit.
(4) An individual who will be participating in the direction, control, or management of the person applying for a license.
(am)
(ao) Package means any container or receptacle used for holding cannabis or cannabis products.
(an)
(ap) 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.
(ao)
(aq) Physicians 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.
(ar) Plant means a mature cannabis plant.
(ap)
(as) Premises means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
(aq)
(at) Primary caregiver has the same meaning as in Section 11362.7 of the Health and Safety Code.
(ar)
(au) Purchaser means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
(as)
(av) Sell, sale, and to sell include any transaction whereby, for any consideration, title to cannabis or cannabis products 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.
(at)
(aw) 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.
(au)
(ax) Unique identifier means an alphanumeric code or designation used for reference to a specific plant on a licensed premises and any cannabis or cannabis product derived or manufactured from that plant.
(av)
(ay) Youth center has the same meaning as in Section 11353.1 of the Health and Safety Code.
SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
SEC. 2. The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
### SEC. 2.
(a)This division shall be known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
(b)The purpose and intent of this division is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both of the following:
(1)Medicinal cannabis and medicinal cannabis products for patients with valid physicians recommendations.
(2)Adult-use cannabis and adult-use cannabis products for adults 21 years of age and over.
(c)In the furtherance of subdivision (b), this division sets forth the power and duties of the state agencies responsible for controlling and regulating the commercial medicinal and adult-use cannabis industry.
(d)The Legislature may, by majority vote, enact laws to implement this division, provided those laws are consistent with the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.