36-2850. Definitions
(Caution: 1998 Prop. 105 applies)
In this chapter, unless the context requires otherwise:
1. " Advertise, " " advertisement" and " advertising" mean any public communication in any medium that offers or solicits a commercial transaction involving the sale, purchase or delivery of marijuana or marijuana products.
2. " 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.
3. " Consume, " " consuming" and " consumption" mean the act of ingesting, inhaling or otherwise introducing marijuana into the human body.
4. " Consumer" means an individual who is at least twenty-one years of age and who purchases marijuana or marijuana products.
5. " Cultivate" and " cultivation" mean to propagate, breed, grow, prepare and package marijuana.
6. " Deliver" and " delivery" mean the transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.
7. " Department" means the department of health services or its successor agency.
8. " Designated caregiver" has the same meaning prescribed in section 36-2801.
9. " Dual licensee" means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
10. " Early applicant" means either of the following:
(a) An entity seeking to operate a marijuana establishment in a county with fewer than two registered nonprofit medical marijuana dispensaries.
(b) A nonprofit medical marijuana dispensary that is registered and in good standing with the department.
11. " Employee, " " employer, " " health care facility, " and " places of employment" have the same meanings prescribed in the smoke-free Arizona act, section 36-601.01.
12. " Excluded felony offense" has the same meaning prescribed in section 36-2801.
13. " Good standing" means that a nonprofit medical marijuana dispensary is not the subject of a pending notice of intent to revoke issued by the department.
14. " Independent third-party laboratory" has the same meaning prescribed in section 36-2801.
15. " Industrial hemp" has the same meaning prescribed in section 3-311.
16. " Licensee" means a person that obtains a license pursuant to section 36-2854.
17. " Locality" means a city, town or county.
18. " Manufacture" and " manufacturing" mean to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
19. " Marijuana" :
(a) Means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.
(b) Includes cannabis as defined in 13-3401.
(c) Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.
20. " Marijuana concentrate" :
(a) Means resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.
(b) Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.
21. " Marijuana establishment" means an entity that is licensed by the department to operate all of the following:
(a) A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
(b) A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
(c) A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.
22. " Marijuana facility agent" means a principal officer, board member or employee of a marijuana establishment or marijuana testing facility who is at least twenty-one years of age and who has not been convicted of an excluded felony offense.
23. " Marijuana products" means marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments and tinctures.
24. " Marijuana testing facility" means the department or another entity that is licensed by the department to analyze the potency of marijuana and test marijuana for harmful contaminants.
25. " Nonprofit medical marijuana dispensary" has the same meaning prescribed in section 36-2801.
26. " Nonprofit medical marijuana dispensary agent" has the same meaning prescribed in section 36-2801.
27. " Open space" means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.
28. " Process" and " processing" mean to harvest, dry, cure, trim or separate parts of the marijuana plant.
29. " Public place" has the same meaning prescribed in section 36-601.01.
30. " Qualifying patient" has the same meaning prescribed in section 36-2801.
31. " Smoke" means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.