NY Cannabis § 3 (2021)
2021 New York Laws CAN - Cannabis Article 1 - Short Title; Legislative Findings and Intent; Definitions 3 - Definitions.

§  3.  Definitions.  Whenever  used  in this chapter, unless otherwise   expressly stated or unless the context  or  subject  matter  requires  a   different  meaning,  the  following  terms shall have the representative   meanings hereinafter set forth or indicated:1. "Applicant" unless otherwise specified in this chapter, shall  mean   a person applying for any cannabis, medical cannabis or cannabinoid hemp   license  or  permit  issued by the New York state cannabis control board   pursuant to this chapter that: has a significant presence  in  New  York   state,  either  individually or by having a principal corporate location   in the state; is incorporated or otherwise organized under the  laws  of   this  state; or a majority of the ownership are residents of this state.   For the purposes of this  subdivision,  "person"  means  an  individual,   institution,  corporation,  government  or  governmental  subdivision or   agency, business trust, estate, trust, partnership  or  association,  or   any other legal entity.2.  "Cannabinoid"  means  the phytocannabinoids found in hemp and does   not  include  synthetic  cannabinoids  as  that  term  is   defined   in   subdivision (g) of schedule I of section thirty-three hundred six of the   public health law.3.  "Cannabinoid  hemp"  means  any  hemp and any product processed or   derived from hemp, that is used for human consumption provided that when   such product is packaged or offered for retail sale to  a  consumer,  it   shall  not  have  a concentration of more than three tenths of a percent   delta-9 tetrahydrocannabinol.4. "Cannabinoid hemp processor license" means a license granted by the   office to process, extract, pack or manufacture cannabinoid hemp or hemp   extract into products, whether in intermediate or final form,  used  for   human consumption.5.  "Cannabis"  means  all  parts  of the plant of the genus Cannabis,   whether growing or not; the seeds thereof; the resin extracted from  any   part  of  the  plant; and every compound, manufacture, salt, derivative,   mixture, or preparation of the plant, its seeds or resin.  It  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. It   does not include hemp, cannabinoid hemp or hemp extract  as  defined  by   this  section or any drug products approved by the federal Food and Drug   Administration.6. "Cannabis consumer" means a person twenty-one years of age or older   acting in accordance with any provision of this chapter.7. "Cannabis control board"  or  "board"  means  the  New  York  state   cannabis control board created pursuant to article two of this chapter.8. "Cannabis flower" means the flower of a plant of the genus Cannabis   that  has  been  harvested,  dried,  and  cured, prior to any processing   whereby the plant material is 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. Cannabis flower excludes leaves and stem.9. "Cannabis product" or "adult-use cannabis product" means  cannabis,   concentrated  cannabis,  and  cannabis-infused  products  for  use  by a   cannabis consumer.10.  "Cannabis-infused  products"  means  products  that   have   been   manufactured  and  contain  either cannabis or concentrated cannabis and   other ingredients that are intended for use or consumption. 11. "Cannabis trim" means all parts of the plant of the genus Cannabis   other than cannabis flower that have been harvested, dried,  and  cured,   but prior to any further processing.12.  "Caring for" means treating a patient, in the course of which the   practitioner has completed a full assessment of  the  patient's  medical   history and current medical condition.13. "Certification" means a certification made under this chapter.14.  "Certified  medical  use"  includes the acquisition, cultivation,   manufacture,  delivery,  harvest,  possession,  preparation,   transfer,   transportation,  or  use of medical cannabis for a certified patient, or   the acquisition,  administration,  cultivation,  manufacture,  delivery,   harvest, possession, preparation, transfer, or transportation of medical   cannabis  by a designated caregiver or designated caregiver facility, or   paraphernalia relating to  the  administration  of  cannabis,  including   whole  cannabis  flower,  to  treat  or  alleviate a certified patient's   medical condition or symptoms  associated  with  the  patient's  medical   condition.15.  "Certified patient" means a patient who is a resident of New York   state or receiving care and treatment in New York state as determined by   the board in regulation, and is certified under this chapter.16. "Chief equity officer" means  the  chief  equity  officer  of  the   office of cannabis management.17.  "Concentrated  cannabis"  means: (a) the separated resin, whether   crude  or  purified,  obtained  from  cannabis;  or  (b)   a   material,   preparation,  mixture,  compound  or other substance which contains more   than three percent by weight or by volume of total THC,  as  defined  in   this section.18.  "Condition" means having one of the following conditions: cancer,   positive status for human  immunodeficiency  virus  or  acquired  immune   deficiency syndrome, amyotrophic lateral sclerosis, Parkinson's disease,   multiple sclerosis, damage to the nervous tissue of the spinal cord with   objective  neurological  indication of intractable spasticity, epilepsy,   inflammatory  bowel   disease,   neuropathies,   Huntington's   disease,   post-traumatic stress disorder, pain that degrades health and functional   capability where the use of medical cannabis is an alternative to opioid   use,  substance use disorder, Alzheimer's, muscular dystrophy, dystonia,   rheumatoid arthritis, autism or any other  condition  certified  by  the   practitioner.19.  "Cultivation" means growing, cloning, harvesting, drying, curing,   grading, and trimming of cannabis  plants  for  sale  to  certain  other   categories of cannabis license- and permit-holders.20.  "Delivery"  means  the  direct delivery of cannabis products by a   retail licensee, microbusiness  licensee,  or  delivery  licensee  to  a   cannabis consumer.21.  "Designated  caregiver  facility" means a facility that registers   with the office to assist  one  or  more  certified  patients  with  the   acquisition,  possession,  delivery, transportation or administration of   medical cannabis and is a: general hospital or residential  health  care   facility operating pursuant to article twenty-eight of the public health   law;  an  adult care facility operating pursuant to title two of article   seven of the social services law; a community  mental  health  residence   established  pursuant  to  section  41.44  of  the mental hygiene law; a   hospital operating pursuant to section 7.17 of the mental hygiene law; a   mental hygiene facility operating pursuant to article thirty-one of  the   mental  hygiene  law;  an  inpatient  or  residential  treatment program   certified pursuant to article thirty-two of the mental  hygiene  law;  a   residential  facility  for  the  care  and  treatment  of  persons  with   developmental disabilities operating pursuant to article sixteen of  the    mental  hygiene  law;  a residential treatment facility for children and   youth operating pursuant to article thirty-one  of  the  mental  hygiene   law;  a  private or public school; research institution with an internal   review  board;  or  any  other  facility  as  determined by the board in   regulation.22.  "Designated  caregiver"  means  an  individual  designated  by  a   certified  patient  in  a  registry application. A certified patient may   designate up to  five  designated  caregivers  not  counting  designated   caregiver facilities or designated caregiver facilities' employees.23.  "Designated  caregiver  facility employee" means an employee of a   designated caregiver facility.24. "Distributor" means any person who sells at wholesale any cannabis   product, except medical cannabis, for the sale of  which  a  license  is   required under the provisions of this chapter.25. "Executive director" means the executive director of the office of   cannabis management.26.  "Form  of  medical cannabis" means characteristics of the medical   cannabis recommended or limited  for  a  particular  certified  patient,   including  the method of consumption and any particular strain, variety,   and quantity or percentage of cannabis or particular active  ingredient,   or whole cannabis flower.27.  "Hemp"  means  the  plant Cannabis sativa L. and any part of such   plant, including  the  seeds  thereof  and  all  derivatives,  extracts,   cannabinoids,  isomers,  acids,  salts,  and  salts  of isomers, whether   growing or not, with a delta-9 tetrahydrocannabinol concentration  (THC)   of  not  more  than  three-tenths of a percent on a dry weight basis. It   shall not include "medical cannabis" as defined in this section.28. "Hemp extract"  means  all  derivatives,  extracts,  cannabinoids,   isomers,  acids,  salts, and salts of isomers derived from hemp, used or   intended for human consumption, for  its  cannabinoid  content,  with  a   delta-9  tetrahydrocannabinol  concentration  of not more than an amount   determined by the office in regulation. For the purpose of this article,   hemp extract excludes (a) any food, food  ingredient  or  food  additive   that is generally recognized as safe pursuant to federal law; or (b) any   hemp  extract  that  is  not  used  for human consumption. Such excluded   substances shall not be regulated pursuant to  the  provisions  of  this   article  but  are  subject  to other provisions of applicable state law,   rules and regulations.29. "Labor peace agreement" means an agreement between an entity and a   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 entity.30.  "Laboratory  testing  facility"  means any independent laboratory   capable of testing cannabis and  cannabis  products  for  adult-use  and   medical-use; cannabinoid hemp and hemp extract; or for all categories of   cannabis and cannabis products as per regulations set forth by the state   cannabis control board.31.  "License"  means  a  written authorization as provided under this   chapter permitting persons to engage in a specified activity  authorized   pursuant to this chapter.32. "Licensee" means an individual or an entity who has been granted a   license under this chapter.33.  "Medical  cannabis"  means  cannabis  as defined in this section,   intended for a certified medical use, as  determined  by  the  board  in   consultation with the commissioner of health.34.  "Microbusiness"  means  a  licensee  that  may  act as a cannabis   producer for the  cultivation  of  cannabis,  a  cannabis  processor,  a    cannabis  distributor  and  a  cannabis  retailer  under  this  article;   provided such licensee complies with all requirements  imposed  by  this   article on licensed producers, processors, distributors and retailers to   the extent the licensee engages in such activities.35.  "Nursery"  means  a  licensee that produces only clones, immature   plants, seeds, and other agricultural products used specifically for the   planting, propagation, and cultivation of cannabis by licensed adult use   cannabis  cultivators,  microbusinesses,  cooperatives  and   registered   organizations.36.  "Office"  or  "office  of cannabis management" means the New York   state office of cannabis management.37. "On-site consumption" means the consumption of cannabis in an area   licensed as provided for in this chapter.38. "Package" means any  container  or  receptacle  used  for  holding   cannabis or cannabis products.39. "Permit" means a permit issued pursuant to this chapter.40.  "Permittee"  means  any  person  to whom a permit has been issued   pursuant to this chapter.41. "Practitioner" means a practitioner who is licensed, registered or   certified by New York state to prescribe  controlled  substances  within   the  state.  Nothing  in this chapter shall be interpreted so as to give   any such person authority to act outside  their  scope  of  practice  as   defined  by  title  eight of the education law. Additionally, nothing in   this chapter shall be interpreted to allow any unlicensed, unregistered,   or uncertified person to act in a manner that would require  a  license,   registration,  or certification pursuant to title eight of the education   law.42. "Processor" means a licensee that extracts  concentrated  cannabis   and/or  compounds,  blends, extracts, infuses, or otherwise manufactures   concentrated cannabis or cannabis products, but not the  cultivation  of   the cannabis contained in the cannabis product.43.  "Registered  organization" means an organization registered under   article three of this chapter.44. "Registry application" means an application properly completed and   filed with the board by a certified patient under article three of  this   chapter.45.  "Registry identification card" means a document that identifies a   certified patient  or  designated  caregiver,  as  provided  under  this   chapter.46. "Retail sale" means to solicit or receive an order for, to keep or   expose  for  sale, and to keep with intent to sell, made by any licensed   person, whether  principal,  proprietor,  agent,  or  employee,  of  any   cannabis,  cannabis product, cannabinoid hemp or hemp extract product to   a cannabis consumer for any purpose other than resale.47. "Retailer" means any person  who  sells  at  retail  any  cannabis   product, the sale of which a license is required under the provisions of   this chapter.48.  "Small  business"  means small business as defined in section one   hundred thirty-one of the economic development law, and shall apply  for   purposes of this chapter where any inconsistencies exist.49. "Smoking" means the burning of a lighted cigar, cigarette, pipe or   any  other matter or substance which contains cannabis including the use   of an electronic smoking device that creates an aerosol or vapor.50. "Social and economic equity applicant" means an individual  or  an   entity  who  is eligible for priority licensing pursuant to the criteria   established in article four of this chapter. 51. "Terminally ill" means an individual has a medical prognosis  that   the  individual's  life  expectancy is approximately one year or less if   the illness runs its normal course.52.          "THC"         means         Delta-9-tetrahydrocannabinol;   Delta-8-tetrahydrocannabinol;  Delta-10-tetrahydrocannabinol   and   the   optical isomer of such substances.53.  "Total  THC"  means the sum of the percentage by weight or volume   measurement of tetrahydrocannabinolic acid multiplied  by  0.877,  plus,   the percentage by weight or volume measurement of THC.54.  "Warehouse" means and includes a place in which cannabis products   are securely housed or stored.55. "Wholesale" means to solicit or receive an order for, to  keep  or   expose  for  sale, and to keep with intent to sell, made by any licensed   person,  whether  principal,  proprietor,  agent,  or  employee  of  any   adult-use, medical-use cannabis or cannabis product, or cannabinoid hemp   and hemp extract product for purposes of resale.