§329D-1  Definitions.  As used in this chapter:

     "Cannabis" shall have the same meaning as in section 329-121.

     "Caregiver of a qualifying out-of-state patient" shall have the same meaning as in section 329-121.

     "Department" means the department of health.

     "Dispense" or "dispensing" means the act of a licensed dispensary providing cannabis or manufactured cannabis products to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for a fee.

     "Enclosed indoor facility" means a permanent, stationary structure with a solid floor, rigid exterior walls that encircle the entire structure on all sides, and a roof that protects the entire interior area from any exterior view and elements of weather; provided that the roof of an enclosed indoor facility utilized as a production center pursuant to a medical cannabis dispensary license application or license renewal application submitted after January 29, 2016, may be partially or completely transparent or translucent.  An enclosed indoor facility excludes a greenhouse or shade house that does not comply with these requirements.  Nothing in this definition shall be construed to relieve a medical cannabis dispensary license applicant or license renewal applicant of the duty to comply with all applicable building codes and regulations.

     "Manufacture" means the preparation, propagation, compounding, conversion, or processing of a substance containing cannabis or its principal psychoactive constituent tetrahydrocannabinol, either directly or indirectly, by a person other than a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient for the qualifying patient's or qualifying out-of-state patient's use, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

     "Manufactured cannabis product" means:

     (1)  Any capsule, lozenge, oil or oil extract, tincture, ointment or skin lotion, pill, transdermal patch, or pre-filled and sealed container used to aerosolize and deliver cannabis orally or by inhalation, such as an inhaler, nebulizer, or device that provides safe pulmonary administration, that has been manufactured using cannabis;

     (2)  Edible cannabis products;

     (3)  Pre-rolled cannabis flower products; or

     (4)  Any other products as specified by the department pursuant to section 329D-10(a)(11).

     "Medical cannabis dispensary" or "dispensary" means a person licensed by the State pursuant to this chapter to own, operate, or subcontract no more than three production centers and up to two retail dispensing locations.

     "Medical cannabis production center" or "production center" means a farm or series of structures located within the same secured perimeter fence-line wholly owned, operated, or subcontracted by a person licensed by the State pursuant to this chapter as a medical cannabis dispensary that produces cannabis and manufactured cannabis products to supply cannabis and manufactured cannabis products to one or more of the retail dispensing locations of any licensed medical cannabis dispensary.

     "Person" means an individual, firm, corporation, partnership, association, or any form of business or legal entity.

     "Primary caregiver" shall have the same meaning as in section 329-121.

     "Production" or "produce" means the planting, cultivating, growing, or harvesting of cannabis.  "Production" includes the manufacture of medical cannabis products pursuant to this chapter.

     "Qualifying out-of-state patient" and "registered qualifying out-of-state patient" shall have the same meaning as in section 329-121.

     "Qualifying patient" shall have the same meaning as in section 329-121.

     "Retail dispensing location" means an establishment owned, operated, or subcontracted by a medical cannabis dispensary where cannabis and manufactured cannabis are made available for retail sale to a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient.

     "Subcontractor" or "contractor" means any person or entity with whom the dispensary licensee has a contract to perform any of its production center or retail dispensing location operations; provided that it does not include a person or entity retained by a dispensary licensee to perform services ancillary to the operations of a dispensary, including but not limited to construction, installation, or maintenance of the dispensary's facility, security systems, or tracking system, and laboratory testing.

     "Waiting room" means a designated area at the public entrance of a retail dispensing location that may be accessed by a member of the general public who is waiting for, assisting, or accompanying a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient who enters or remains on the premises of a retail dispensing location for the purpose of a transaction conducted pursuant to sections 329D-6 and 329D-13; provided that the storage, display, and retail sale of cannabis and manufactured cannabis products shall be prohibited within the waiting room area. [L 2015, c 241, pt of §2; am L 2016, c 230, §14; am L 2017, c 170, §2; am L 2018, c 116, §13; am L 2019, c 111, §13; am L 2020, c 38, §2; am L 2022, c 309, §4; am L 2023, c 108, §2]

Revision Note

  In definitions of "cannabis", and "'production' or 'produce'", "marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.