Definitions.

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  • (1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be injurious to health, including:
    • (a) pesticides;
    • (b) heavy metals;
    • (c) solvents;
    • (d) microbial life;
    • (e) toxins; or
    • (f) foreign matter.
  • (2) "Cannabinoid Product Board" means the Cannabinoid Product Board created in Section 26-61-201.
  • (3) "Cannabis" means the same as that term is defined in Section 26-61a-102.
  • (4) "Cannabis concentrate" means:
    • (a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; and
    • (b) any amount of a natural, derivative, or synthetic cannabinoid in the synthetic cannabinoid's purified state.
  • (5) "Cannabis cultivation byproduct" means any portion of a cannabis plant that is not intended to be sold as a cannabis plant product.
  • (6) "Cannabis cultivation facility" means a person that:
    • (a) possesses cannabis;
    • (b) grows or intends to grow cannabis; and
    • (c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee.
  • (7) "Cannabis cultivation facility agent" means an individual who:
    • (a) is an employee of a cannabis cultivation facility; and
    • (b) holds a valid cannabis production establishment agent registration card.
  • (8) "Cannabis derivative product" means a product made using cannabis concentrate.
  • (9) "Cannabis plant product" means any portion of a cannabis plant intended to be sold in a form that is recognizable as a portion of a cannabis plant.
  • (10) "Cannabis processing facility" means a person that:
    • (a) acquires or intends to acquire cannabis from a cannabis production establishment;
    • (b) possesses cannabis with the intent to manufacture a cannabis product;
    • (c) manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and
    • (d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee.
  • (11) "Cannabis processing facility agent" means an individual who:
    • (a) is an employee of a cannabis processing facility; and
    • (b) holds a valid cannabis production establishment agent registration card.
  • (12) "Cannabis product" means the same as that term is defined in Section 26-61a-102.
  • (13) "Cannabis production establishment" means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.
  • (14) "Cannabis production establishment agent" means a cannabis cultivation facility agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent.
  • (15) "Cannabis production establishment agent registration card" means a registration card that the department issues that:
    • (a) authorizes an individual to act as a cannabis production establishment agent; and
    • (b) designates the type of cannabis production establishment for which an individual is authorized to act as an agent.
  • (16) "Community location" means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park.
  • (17) "Cultivation space" means, quantified in square feet, the horizontal area in which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other plants in multiple levels.
  • (18) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid identified as CAS# 1972-08-03, the primary psychotropic cannabinoid in cannabis.
  • (19) "Department" means the Department of Agriculture and Food.
  • (20) "Derivative cannabinoid" means any cannabinoid that has been intentionally created using a process to convert a naturally occurring cannabinoid into another cannabinoid.
  • (21) "Family member" means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
  • (22)
    • (a) "Independent cannabis testing laboratory" means a person that:
      • (i) conducts a chemical or other analysis of cannabis or a cannabis product; or
      • (ii) acquires, possesses, and transports cannabis or a cannabis product with the intent to conduct a chemical or other analysis of the cannabis or cannabis product.
    • (b) "Independent cannabis testing laboratory" includes a laboratory that the department operates in accordance with Subsection 4-41a-201(14).
  • (23) "Independent cannabis testing laboratory agent" means an individual who:
    • (a) is an employee of an independent cannabis testing laboratory; and
    • (b) holds a valid cannabis production establishment agent registration card.
  • (24) "Industrial hemp waste" means:
    • (a) a cannabinoid extract above 0.3% total THC derived from verified industrial hemp biomass; or
    • (b) verified industrial hemp biomass with a total THC concentration of less than 0.3% by dry weight.
  • (25) "Inventory control system" means a system described in Section 4-41a-103.
  • (26) "Licensing board" or "board" means the Cannabis Production Establishment Licensing Advisory Board created in Section 4-41a-201.1.
  • (27) "Medical cannabis" means the same as that term is defined in Section 26-61a-102.
  • (28) "Medical cannabis card" means the same as that term is defined in Section 26-61a-102.
  • (29) "Medical cannabis pharmacy" means the same as that term is defined in Section 26-61a-102.
  • (30) "Medical cannabis pharmacy agent" means the same as that term is defined in Section 26-61a-102.
  • (31) "Medical cannabis research license" means a license that the department issues to a research university for the purpose of obtaining and possessing medical cannabis for academic research.
  • (32) "Medical cannabis research licensee" means a research university that the department licenses to obtain and possess medical cannabis for academic research, in accordance with Section 4-41a-901.
  • (33) "Medical cannabis treatment" means the same as that term is defined in Section 26-61a-102.
  • (34) "Medicinal dosage form" means the same as that term is defined in Section 26-61a-102.
  • (35) "Qualified medical provider" means the same as that term is defined in Section 26-61a-102.
  • (36) "Qualified Production Enterprise Fund" means the fund created in Section 4-41a-104.
  • (37) "Recommending medical provider" means the same as that term is defined in Section 26-61a-102.
  • (38) "Research university" means the same as that term is defined in Section 53B-7-702 and a private, nonprofit college or university in the state that:
    • (a) is accredited by the Northwest Commission on Colleges and Universities;
    • (b) grants doctoral degrees; and
    • (c) has a laboratory containing or a program researching a schedule I controlled substance described in Section 58-37-4.
  • (39) "State electronic verification system" means the system described in Section 26-61a-103.
  • (40) "Synthetic cannabinoid" means any cannabinoid that:
    • (a) was chemically synthesized from starting materials other than a naturally occurring cannabinoid; and
    • (b) is not a derivative cannabinoid.
  • (41) "Tetrahydrocannabinol" means a substance derived from cannabis or a synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
  • (42) "Total composite tetrahydrocannabinol" means all detectable forms of tetrahydrocannabinol.
  • (43) "Total tetrahydrocannabinol" or "total THC" means the sum of the determined amounts of delta-9-THC and tetrahydrocannabinolic acid, calculated as "total THC = delta-9-THC + (THCA x 0.877)."





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