Business and Professions Code - BPC - BPC § 26001

Summary

For purposes of this division, the following definitions 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 physician’s recommendation, o

Text

For purposes of this division, the following definitions 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 physician’s recommendation, or are intended for use on, or consumption by, animals.
(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 physician’s recommendation, or are intended for use on, or consumption by, animals.
(c)
“Animal” does not include a food animal as defined in Section 4825.1 or livestock as defined in Section 14205 of the Food and Agricultural Code.
(d)
“Applicant” means an owner applying for a state license pursuant to this division.
(e)
“Batch” means a specific quantity of homogeneous cannabis, industrial hemp, or cannabis product that is one of the following types:
(1)
“Harvest batch” means a specifically identified quantity of dried flower or trim, leaves, and other plant matter from either cannabis or industrial hemp that is harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals.
(2)
“Manufactured cannabis batch” means either of the following:
(A)
An amount of cannabis concentrate or extract 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.
(f)
“Cannabinoid” means a chemical compound found in cannabis and industrial hemp that binds to or otherwise activates cannabinoid receptors in humans and animals. “Cannabinoid” includes, but is not limited to, tetrahydrocannabinol (THC) and cannabidiol (CBD).
(g)
“Cannabis”
has the same meaning as in Section 11018 of the Health and Safety Code.
(h)
“Cannabis accessories” has the same meaning as in Section 11018.2 of the Health and Safety Code.
(i)
“Cannabis beverage” means a form of edible cannabis product that is intended to be consumed in its final state as a beverage.
(j)
“Cannabis concentrate” has the same meaning as in Section 11006.5 of the Health and Safety Code.
(k)
“Cannabis event organizer” means a person authorized to plan and organize temporary cannabis events as authorized in Section 26200.
(
l
)
“Cannabis products”
has the same meaning as in Section 11018.1 of the Health and Safety Code.
(m)
“CBD isolate” means a compound extracted from cannabis or industrial hemp consisting of cannabidiol (CAS number 13956-29-1), with a purity level greater than 99 percent and that does not contain any form of tetrahydrocannabinol or synthetic cannabinoid.
(n)
“CBN isolate” means a compound extracted from cannabis or industrial hemp consisting of cannabinol (CAS number 521-35-7), with a purity level greater than 99 percent, and that does not contain any form of tetrahydrocannabinol or synthetic cannabinoid.
(o)
“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.
(p)
“Combined activities license” means a state license that authorizes two or more commercial cannabis activities at the same premises, with the exception of laboratory testing. A combined activities license shall conform with all requirements imposed by this division to the extent the licensee engages in those activities.
(q)
“Commercial cannabis activity” includes the cultivation of cannabis or the possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division, or acting as a cannabis event organizer for temporary cannabis events.
(r)
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(s)
“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.
(t)
“Customer” means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physician’s recommendation, or a primary caregiver.
(u)
“Daycare center” has the same meaning as in Section 1596.76 of the Health and Safety Code.
(v)
“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.
(w)
“Department” means the Department of Cannabis Control within the Business, Consumer Services, and Housing Agency.
(x)
“Director” means the Director of the Department of Cannabis Control.
(y)
“Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
(z)
“Distributor” means a licensee that is authorized to engage in the distribution of cannabis, industrial hemp, and cannabis products.
(aa)
“Dried flower” means all dead cannabis that has been harvested,
dried, cured, or otherwise processed, excluding leaves and stems.
(ab)
“Edible cannabis product” means a cannabis product that is intended to be used, in whole or in part, for human or animal 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, a processed pet food, as defined by Section 113025 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.
(ac)
“Fund” means the Cannabis Control Fund established pursuant to Section 26210.
(ad)
“Industrial hemp” has the same meaning as in Section 11018.5 of the Health and Safety Code.
(ae)
“Kind” means applicable type or designation regarding a particular cannabis variant, origin, or product type, including, but not limited to, strain name, trademark, or production area designation.
(af)
“Labeling” means any label or other written, printed, or graphic matter upon a cannabis or cannabis product, upon its container or wrapper, or that accompanies any cannabis or cannabis product.
(ag)
“Labor peace agreement” means an agreement between a licensee and any bona fide labor organization that, at a minimum, protects the state’s proprietary interests by prohibiting labor organizations
and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the applicant’s 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 applicant’s employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the applicant’s 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.
(ah)
“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.
(ai)
“Licensed market” means the California licensed market for cannabis, industrial hemp, and cannabis products that is subject to regulation by this division.
(aj)
“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.
(ak)
“Licensing authority” means the department and any state agency currently or formerly responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the licensee.
(al)
“Live plants” means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
(am)
“Local jurisdiction” means a city, county, or city and county.
(an)
“Lot” means a batch or a specifically identified portion of a batch.
(ao)
“M-license” means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.
(ap)
“M-licensee” means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.
(aq)
“Manufacture” means to compound, blend, extract, infuse, package,
label, or otherwise make or prepare a cannabis product.
(ar)
“Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
(as)
“Microbusiness” means a licensee that is authorized to engage in cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can
demonstrate compliance with all requirements imposed by this division on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities.
(at)
“Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
(au)
“Operation” means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis or cannabis products.
(av)
“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.
(aw)
“Package” means any container or receptacle used for holding cannabis or cannabis products.
(ax)
“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.
(ay)
“Physician’s recommendation” means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
(az)
“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.
(ba)
“Primary caregiver” has the same meaning as in Section 11362.7 of the Health and Safety Code.
(bb)
“Processor” means a person authorized to engage in only trimming, drying, curing, grading, packaging, and labeling of cannabis and nonmanufactured cannabis products.
(bc)
“Purchaser” means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
(bd)
“Retailer” means a person authorized to engage in the retail sale and delivery of cannabis or cannabis products to customers.
(be)
“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.
(bf)
“Synthetic cannabinoid” means a cannabinoid or cannabinoid-like compound that is produced by using biosynthesis, bioconversion, or chemical synthesis, reaction, modification, conversion, or a similar process. This includes, but is not limited to, any form of tetrahydrocannabinol that was produced by the conversion of cannabidiol (CBD) (CAS number 13956-29-1), or any other chemical substance identified by the department in regulation. Synthetic cannabinoid does not include any of the following:
(1)
A
cannabinoid produced by the decarboxylation of acidic phytocannabinoids without the use of chemical reagents or chemical catalysts. This includes, but is not limited to, the conversion of cannabidiolic acid (CBDA) into cannabidiol (CBD) without the use of chemical reagents or catalysts.
(2)
A cannabinoid that occurs naturally in the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis plant that was produced with the use of heat, light, or pressure from other phytocannabinoids, and without the use of any chemical reagents or catalysts. This includes, but is not limited to, the conversion of tetrahydrocannabinol into cannabinol (CBN) with the use of heat, light, or pressure, and without the use of any chemical reagents or catalysts.
(3)
Any other chemical substance identified
by the department in regulation.
(bg)
“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 department.
(bh)
“Unique identifier” means an alphanumeric code or designation used in reference to a specific quantity of cannabis or cannabis products that is issued pursuant to the track and trace program established by the
department.
(bi)
“Youth center” has the same meaning as in Section 11353.1 of the Health and Safety Code.

Retrieval chunks

• #1 | Business and Professions Code - BPC - BPC § 26001

  For purposes of this division, the following definitions 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 physician’s recommendation, or are intended for use on, or consump…

• #2

  “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code. (m) “CBD isolate” means a compound extracted from cannabis or industrial hemp consisting of cannabidiol (CAS number 13956-29-1), with a purity level greater than 99 percent and that does not contain any form of tetrahydroc…

• #3

  “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees. (z) “Distributor” means a licensee that is authorized to engage in the distribution of cannabis, industrial hemp, and cannabis products. (aa) “Dried flower” means all dead cannabis that has been harvested…

• #4

  (ah) “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. (ai) “Licensed market” means the California licensed market for cannabis, industrial hemp, and cannabis products that is subject to regulation by this division.…

• #5

  “Nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. (au) “Operation” means any act for which licensure is required under the provisions of this division, or any commercial transfer of cannabis…

• #6

  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. (bf) “Synthetic cannabinoid” means a cannabinoi…