N.Y. CAN Law § 3 — New York Code / Act CAN / Article 1 / Section 3
Definitions
Status: in_force

§ 3. Definitions. Whenever used in this chapter, unless otherwise\nexpressly stated or unless the context or subject matter requires a\ndifferent meaning, the following terms shall have the representative\nmeanings hereinafter set forth or indicated:\n  1. "Applicant" unless otherwise specified in this chapter, shall mean\na person applying for any cannabis, medical cannabis or cannabinoid hemp\nlicense or permit issued by the New York state cannabis control board\npursuant to this chapter that: has a significant presence in New York\nstate, either individually or by having a principal corporate location\nin the state; is incorporated or otherwise organized under the laws of\nthis state; or a majority of the ownership are residents of this state.\nFor the purposes of this subdivision, "person" means an individual,\ninstitution, corporation, government or governmental subdivision or\nagency, business trust, estate, trust, partnership or association, or\nany other legal entity.\n  2. "Cannabinoid" means the phytocannabinoids found in hemp and does\nnot include synthetic cannabinoids as that term is defined in\nsubdivision (g) of schedule I of section thirty-three hundred six of the\npublic health law.\n  3. "Cannabinoid hemp" means any hemp and any product processed or\nderived from hemp, that is used for human consumption provided that when\nsuch product is packaged or offered for retail sale to a consumer, it\nshall not have a concentration of more than three tenths of a percent\ndelta-9 tetrahydrocannabinol.\n  4. "Cannabinoid hemp processor license" means a license granted by the\noffice to process, extract, pack or manufacture cannabinoid hemp or hemp\nextract into products, whether in intermediate or final form, used for\nhuman consumption.\n  5. "Cannabis" means all parts of the plant of the genus Cannabis,\nwhether growing or not; the seeds thereof; the resin extracted from any\npart of the plant; and every compound, manufacture, salt, derivative,\nmixture, or preparation of the plant, its seeds or resin. It does not\ninclude the mature stalks of the plant, fiber produced from the stalks,\noil or cake made from the seeds of the plant, any other compound,\nmanufacture, salt, derivative, mixture, or preparation of the mature\nstalks (except the resin extracted therefrom), fiber, oil, or cake, or\nthe sterilized seed of the plant which is incapable of germination. It\ndoes not include hemp, cannabinoid hemp or hemp extract as defined by\nthis section or any drug products approved by the federal Food and Drug\nAdministration.\n  6. "Cannabis consumer" means a person twenty-one years of age or older\nacting in accordance with any provision of this chapter.\n  7. "Cannabis control board" or "board" means the New York state\ncannabis control board created pursuant to article two of this chapter.\n  8. "Cannabis flower" means the flower of a plant of the genus Cannabis\nthat has been harvested, dried, and cured, prior to any processing\nwhereby the plant material is transformed into a concentrate, including,\nbut not limited to, concentrated cannabis, or an edible or topical\nproduct containing cannabis or concentrated cannabis and other\ningredients. Cannabis flower excludes leaves and stem.\n  9. "Cannabis product" or "adult-use cannabis product" means cannabis,\nconcentrated cannabis, and cannabis-infused products for use by a\ncannabis consumer.\n  10. "Cannabis-infused products" means products that have been\nmanufactured and contain either cannabis or concentrated cannabis and\nother ingredients that are intended for use or consumption.\n  11. "Cannabis trim" means all parts of the plant of the genus Cannabis\nother than cannabis flower that have been harvested, dried, and cured,\nbut prior to any further processing.\n  12. "Caring for" means treating a patient, in the course of which the\npractitioner has completed a full assessment of the patient's medical\nhistory and current medical condition.\n  13. "Certification" means a certification made under this chapter.\n  14. "Certified medical use" includes the acquisition, cultivation,\nmanufacture, delivery, harvest, possession, preparation, transfer,\ntransportation, or use of medical cannabis for a certified patient, or\nthe acquisition, administration, cultivation, manufacture, delivery,\nharvest, possession, preparation, transfer, or transportation of medical\ncannabis by a designated caregiver or designated caregiver facility, or\nparaphernalia relating to the administration of cannabis, including\nwhole cannabis flower, to treat or alleviate a certified patient's\nmedical condition or symptoms associated with the patient's medical\ncondition.\n  15. "Certified patient" means a patient who is a resident of New York\nstate or receiving care and treatment in New York state as determined by\nthe board in regulation, and is certified under this chapter.\n  16. "Chief equity officer" means the chief equity officer of the\noffice of cannabis management.\n  17. "Concentrated cannabis" means: (a) the separated resin, whether\ncrude or purified, obtained from cannabis; or (b) a material,\npreparation, mixture, compound or other substance which contains more\nthan three percent by weight or by volume of total THC, as defined in\nthis section.\n  18. "Condition" means having one of the following conditions: cancer,\npositive status for human immunodeficiency virus or acquired immune\ndeficiency syndrome, amyotrophic lateral sclerosis, Parkinson's disease,\nmultiple sclerosis, damage to the nervous tissue of the spinal cord with\nobjective neurological indication of intractable spasticity, epilepsy,\ninflammatory bowel disease, neuropathies, Huntington's disease,\npost-traumatic stress disorder, pain that degrades health and functional\ncapability where the use of medical cannabis is an alternative to opioid\nuse, substance use disorder, Alzheimer's, muscular dystrophy, dystonia,\nrheumatoid arthritis, autism or any other condition certified by the\npractitioner.\n  19. "Cultivation" means growing, cloning, harvesting, drying, curing,\ngrading, and trimming of cannabis plants for sale to certain other\ncategories of cannabis license- and permit-holders.\n  20. "Delivery" means the direct delivery of cannabis products by a\nretail licensee, microbusiness licensee, or delivery licensee to a\ncannabis consumer.\n  21. "Designated caregiver facility" means a facility that registers\nwith the office to assist one or more certified patients with the\nacquisition, possession, delivery, transportation or administration of\nmedical cannabis and is a: general hospital or residential health care\nfacility operating pursuant to article twenty-eight of the public health\nlaw; an adult care facility operating pursuant to title two of article\nseven of the social services law; a community mental health residence\nestablished pursuant to section 41.44 of the mental hygiene law; a\nhospital operating pursuant to section 7.17 of the mental hygiene law; a\nmental hygiene facility operating pursuant to article thirty-one of the\nmental hygiene law; an inpatient or residential treatment program\ncertified pursuant to article thirty-two of the mental hygiene law; a\nresidential facility for the care and treatment of persons with\ndevelopmental disabilities operating pursuant to article sixteen of the\nmental hygiene law; a residential treatment facility for children and\nyouth operating pursuant to article thirty-one of the mental hygiene\nlaw; a private or public school; research institution with an internal\nreview board; or any other facility as determined by the board in\nregulation.\n  22. "Designated caregiver" means an individual designated by a\ncertified patient in a registry application. A certified patient may\ndesignate up to five designated caregivers not counting designated\ncaregiver facilities or designated caregiver facilities' employees.\n  23. "Designated caregiver facility employee" means an employee of a\ndesignated caregiver facility.\n  24. "Distributor" means any person who sells at wholesale any cannabis\nproduct, except medical cannabis, for the sale of which a license is\nrequired under the provisions of this chapter.\n  25. "Executive director" means the executive director of the office of\ncannabis management.\n  26. "Form of medical cannabis" means characteristics of the medical\ncannabis recommended or limited for a particular certified patient,\nincluding the method of consumption and any particular strain, variety,\nand quantity or percentage of cannabis or particular active ingredient,\nor whole cannabis flower.\n  27. "Hemp" means the plant Cannabis sativa L. and any part of such\nplant, including the seeds thereof and all derivatives, extracts,\ncannabinoids, isomers, acids, salts, and salts of isomers, whether\ngrowing or not, with a delta-9 tetrahydrocannabinol concentration (THC)\nof not more than three-tenths of a percent on a dry weight basis. It\nshall not include "medical cannabis" as defined in this section.\n  28. "Hemp extract" means all derivatives, extracts, cannabinoids,\nisomers, acids, salts, and salts of isomers derived from hemp, used or\nintended for human consumption, for its cannabinoid content, with a\ndelta-9 tetrahydrocannabinol concentration of not more than an amount\ndetermined by the office in regulation. For the purpose of this article,\nhemp extract excludes (a) any food, food ingredient or food additive\nthat is generally recognized as safe pursuant to federal law; or (b) any\nhemp extract that is not used for human consumption. Such excluded\nsubstances shall not be regulated pursuant to the provisions of this\narticle but are subject to other provisions of applicable state law,\nrules and regulations.\n  29. "Labor peace agreement" means an agreement between an entity and a\nlabor organization that, at a minimum, protects the state's proprietary\ninterests by prohibiting labor organizations and members from engaging\nin picketing, work stoppages, boycotts, and any other economic\ninterference with the entity.\n  30. "Laboratory testing facility" means any independent laboratory\ncapable of testing cannabis and cannabis products for adult-use and\nmedical-use; cannabinoid hemp and hemp extract; or for all categories of\ncannabis and cannabis products as per regulations set forth by the state\ncannabis control board.\n  31. "License" means a written authorization as provided under this\nchapter permitting persons to engage in a specified activity authorized\npursuant to this chapter.\n  32. "Licensee" means an individual or an entity who has been granted a\nlicense under this chapter.\n  33. "Medical cannabis" means cannabis as defined in this section,\nintended for a certified medical use, as determined by the board in\nconsultation with the commissioner of health.\n  34. "Microbusiness" means a licensee that may act as a cannabis\nproducer for the cultivation of cannabis, a cannabis processor, a\ncannabis distributor and a cannabis retailer under this article;\nprovided such licensee complies with all requirements imposed by this\narticle on licensed producers, processors, distributors and retailers to\nthe extent the licensee engages in such activities.\n  35. "Nursery" means a licensee that produces only clones, immature\nplants, seeds, and other agricultural products used specifically for the\nplanting, propagation, and cultivation of cannabis by licensed adult use\ncannabis cultivators, microbusinesses, cooperatives and registered\norganizations.\n  36. "Office" or "office of cannabis management" means the New York\nstate office of cannabis management.\n  37. "On-site consumption" means the consumption of cannabis in an area\nlicensed as provided for in this chapter.\n  38. "Package" means any container or receptacle used for holding\ncannabis or cannabis products.\n  39. "Permit" means a permit issued pursuant to this chapter.\n  40. "Permittee" means any person to whom a permit has been issued\npursuant to this chapter.\n  40-a. "Person" means an individual, institution, corporation,\ngovernment or governmental subdivision or agency, business trust,\nestate, trust, partnership or association, or any other entity.\n  41. "Practitioner" means a practitioner who is licensed, registered or\ncertified by New York state to prescribe controlled substances within\nthe state. Nothing in this chapter shall be interpreted so as to give\nany such person authority to act outside their scope of practice as\ndefined by title eight of the education law. Additionally, nothing in\nthis chapter shall be interpreted to allow any unlicensed, unregistered,\nor uncertified person to act in a manner that would require a license,\nregistration, or certification pursuant to title eight of the education\nlaw.\n  42. "Processor" means a licensee that extracts concentrated cannabis\nand/or compounds, blends, extracts, infuses, or otherwise manufactures\nconcentrated cannabis or cannabis products, but not the cultivation of\nthe cannabis contained in the cannabis product.\n  43. "Registered organization" means an organization registered under\narticle three of this chapter.\n  44. "Registration" means identifying information of a certified\npatient or designated caregiver that is electronically filed by a\npractitioner and confirmed by a registered organization or designated\ncaregiver facility, as provided under this chapter and as determined by\nthe board in regulation.\n  45. "Registry application" means an application properly completed and\nfiled with the office by a designated caregiver under article three of\nthis chapter.\n  46. "Retail sale" means to solicit or receive an order for, to keep or\nexpose for sale, and to keep with intent to sell, made by any licensed\nperson, whether principal, proprietor, agent, or employee, of any\ncannabis, cannabis product, cannabinoid hemp or hemp extract product to\na cannabis consumer for any purpose other than resale.\n  46-a. "Indirect retail sale" means to give any cannabis, cannabis\nproduct, cannabinoid hemp, hemp extract product, or any product marketed\nor labeled as such by any person engaging in a commercial business\nventure or otherwise providing or offering goods or services to the\ngeneral public for remuneration for such goods and/or services, where\nany such cannabis, cannabis product, cannabinoid hemp or hemp extract\nproduct, or any product marketed or labeled as such, accompanies (a) the\nsale of any tangible or intangible property; or (b) the provision of any\nservice, including but not limited to entry to a venue or event, or a\nbenefit of a membership to a club, association, or other organization.\n  47. "Retailer" means any person who sells at retail any cannabis\nproduct, the sale of which a license is required under the provisions of\nthis chapter.\n  48. "Small business" means small business as defined in section one\nhundred thirty-one of the economic development law, and shall apply for\npurposes of this chapter where any inconsistencies exist.\n  49. "Smoking" means the burning of a lighted cigar, cigarette, pipe or\nany other matter or substance which contains cannabis including the use\nof an electronic smoking device that creates an aerosol or vapor.\n  50. "Social and economic equity applicant" means an individual or an\nentity who is eligible for priority licensing pursuant to the criteria\nestablished in article four of this chapter.\n  51. "Terminally ill" means an individual has a medical prognosis that\nthe individual's life expectancy is approximately one year or less if\nthe illness runs its normal course.\n  52. "THC" means Delta-9-tetrahydrocannabinol;\nDelta-8-tetrahydrocannabinol; Delta-10-tetrahydrocannabinol and the\noptical isomer of such substances.\n  53. "Total THC" means the sum of the percentage by weight or volume\nmeasurement of tetrahydrocannabinolic acid multiplied by 0.877, plus,\nthe percentage by weight or volume measurement of THC.\n  54. "Warehouse" means and includes a place in which cannabis products\nare securely housed or stored.\n  55. "Wholesale" means to solicit or receive an order for, to keep or\nexpose for sale, and to keep with intent to sell, made by any licensed\nperson, whether principal, proprietor, agent, or employee of any\nadult-use, medical-use cannabis or cannabis product, or cannabinoid hemp\nand hemp extract product for purposes of resale.\n