Salinas Municipal Code Div. 2 Definitions

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

(a) "Adult Use" shall refer to the consumption of cannabis or cannabis products by a person twenty-one years of age or older, but excludes the use of cannabis or cannabis products in a manner consistent with a physician's recommendation.

(b) "Cannabis" means all parts of the 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 article, "cannabis" does not mean "industrial hemp" as that term is defined by Section 11018.5 of the California Health and Safety Code.

(c) "Cannabis accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

(d) "Cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of cannabis or cannabis products.

(e) "Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate 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.

(f) "Cannabis permit" means any type of permit for cannabis activity issued by the City of Salinas, including either a commercial cannabis permit or an administrative permit issued by the City of Salinas pursuant to this article.

(g) "Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

(h) "Cannabis Waste" means any waste that is not hazardous waste, as defined in Public Resources Code section 40141, that contains cannabis and that has been made unusable and unrecognizable in the manner prescribed in sections 5054 and 5055 of Title 16, Division 42 of the California Code of Regulations. Includes, but is not limited to, unsold or contaminated cannabis or cannabis product, samples which have been tested by a laboratory, unused material used for research, and/or contaminated packaging.

(i) "Caregiver" or "Primary Caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.

(j) "Commercial cannabis activity" means "cannabis activity" conducted for financial or other valuable consideration, including activities conducted by a nonprofit agency.

(k) "Commercial cannabis business" means any person or business, including a nonprofit, which engages in commercial cannabis activity.

(l) "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cultivation may include, but is not limited to, those activities that are allowed in a Nursery.

(m) "Cultivation site" means a facility where cannabis is propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, including a personal grow.

(n) "Day Care Center" has the same meaning as in Chapter 37 of the Salinas Municipal Code.

(o) "Delivery" means the retail sale of cannabis or cannabis products (pursuant to an order placed for purchase of the same) to a customer for consumption, where the transaction does not occur within a licensed dispensary. "Delivery" also includes the use of any technology platform owned and controlled by a retailer, and further includes the soliciting and receiving of an order for cannabis or cannabis product. "Delivery" does not include the transportation of cannabis or cannabis products between licensees as defined under "Distribution," below.

(p) "Dispensary" means a licensed facility where cannabis, cannabis products, and/or devices facilitating the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale within the premises.

(q) "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a dispensary.

(r) "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between entities licensed by the State of California. "Distribution" excludes the transport or sale of cannabis and cannabis products to a customer for consumption, as defined under "Delivery," above.

(s) "Distributor" means a person licensed to engage in the distribution of cannabis and/or cannabis products.

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

(u) "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 California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

(v) "Immature Cannabis Plant" means a nonflowering Cannabis plant that is no taller than eight inches and no wider than eight inches produced from a cutting, clipping, or seedling.

(w) "License" means a license issued by the State of California pursuant to Division 10 of the California Business and Professions Code, and includes both A-licenses and M-licenses, as well as a testing laboratory licenses.

(x) "Licensee" means a person or business possessing a "license" issued pursuant to Division 10 of the California Business and Professions Code.

(y) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants.

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

(aa) "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 at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. A manufacturer includes a licensee that infuses cannabis in its products but does not perform its own extraction, as well as any business that accepts Cannabis Waste and renders it into an unrecognizable and unusable form in preparation for final disposal.

(ab) "Market" refers to the supply chain of licensed commercial cannabis businesses conducting operations with other businesses of the same market type. The two types of markets are the adult-use and the medicinal markets, which are distinguished through the issuance of an "M-Type" license by the State for businesses participating in the medicinal market, and an "A-Type" license issued by the State to businesses participating in the adult-use market. A single business may participate in both markets.

(ac) "Medicinal Cannabis" or "Medicinal Cannabis Product" means cannabis or 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 California Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.

(ad) "Nursery" means a licensee that produces only clones, immature cannabis plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

(ae) "Owner" shall have the same meaning as "principal" as defined below.

(af) "Patient" or "Qualified patient" shall have the meaning given that term by California Health and Safety Code Section 11362.7.

(ag) "Person" means an 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 includes the plural as well as the singular number.

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

(ai) "Personal Grow" refers to the possession, planting, cultivation, harvesting, drying, and/or processing of cannabis within an individual's personal residence for that individual's sole use. Excludes the provision, donation, sale, or distribution of this cannabis to any other person, including commercial cannabis businesses, as well as the manufacture of any cannabis product utilizing this cannabis.

(aj) "Principal" means a person who is any of the following:

(1) A person with an aggregate ownership interest of twenty 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;

(3) A member of the board of directors; or

(4) Any individual who will be participating in the direction, control, or management of the person applying for a license.

(ak) "Premises" means the designated portion of a structure, entire structure, or structures and land specified in an application that is owned, leased, or otherwise held under the control of the applicant or licensee where commercial cannabis activity will be or is conducted. The premises shall be a contiguous area.

(al) "Qualified Patient" shall have the meaning given that term by California Health and Safety Code Section 11362.7.

(am) "Recreational Facility" shall mean a site used for "Commercial Recreation," as that term is defined in Chapter 37 of the Municipal Code.

(an) "Recreational use" shall have the same meaning as "Adult use" as defined herein.

(ao) "Research and Development Facility" means a licensee that conducts research on cannabis, cannabis products, or any component thereof for the purposes of the innovation, introduction, and/or improvement of products and processes associated with the cannabis industry, but does not sell, either at retail or wholesale, any cannabis or cannabis product. Excludes Testing Laboratories.

(ap) "Sell," "Sale," and "to sell" includes 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 or consumer to the licensee from whom the cannabis or cannabis product was purchased.

(aq) "Selection Committee" means the group of City employees that has been tasked by the City Manager to review and approve Commercial Cannabis Permits in accordance with this Article.

(ar) "Small Distribution Facility" means a facility or business involved in the distribution of cannabis and/or cannabis product that complies with the requirements of Section 5-07.12.

(as) "Testing Laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products for the purpose of verifying product purity and/or quality 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; and

(2) In possession of a "license" issued by the State of California.

(at) "Topical cannabis" means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.

(au) "Volatile Solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

(av) "Volatile Manufacturing" means manufacturing cannabis products in a manner that utilizes one or more volatile solvents.

(aw) "Waste Disposal Services Provider" means any person who provides services for the disposal of cannabis waste and possesses an appropriate license from the State of California.

(Ord. No. 2600 (NCS), § 1, 11-29-2017; Ord. No. 2603 (NCS), § 1, 5-1-2018)