2023 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.
40-a.  "Person"  means  an   individual,   institution,   corporation,
  government  or  governmental  subdivision  or  agency,  business  trust,
  estate, trust, partnership or association, or any other entity.
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.
46-a. "Indirect retail sale" means  to  give  any  cannabis,  cannabis
  product, cannabinoid hemp, hemp extract product, or any product marketed
  or  labeled  as  such  by  any  person engaging in a commercial business
  venture or otherwise providing or offering  goods  or  services  to  the
  general  public  for  remuneration for such goods and/or services, where
  any such cannabis, cannabis product, cannabinoid hemp  or  hemp  extract
  product, or any product marketed or labeled as such, accompanies (a) the
  sale of any tangible or intangible property; or (b) the provision of any
  service,  including  but  not limited to entry to a venue or event, or a
  benefit of a membership to a club, association, or other organization.
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.