Sec. 42-295. - Definitions.
The below words and phrases, wherever used in this division, shall be construed as defined in this section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
Chemical extraction means the process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana.
Chemical synthesis means production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule.
Consume, consuming, and consumption means the act of ingesting, inhaling or otherwise introducing marijuana into the human body.
Consumer means an individual who is at least 21 years of age and who purchases marijuana or marijuana products.
Cultivate and cultivation means to propagate, breed, grow, prepare, and package marijuana.
Department means the State of Arizona Department of Health Services or its successor agency.
Dual licensee means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.
Extraction means the process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes.
Manufacture and manufacturing means to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
Marijuana:
(1) 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.
(2) Includes cannabis as defined in A.R.S. § 13-3401.
(3) 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.
Marijuana concentrate:
(1) 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.
(2) 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.
Marijuana establishment means an entity licensed by the department to operate all of the following:
(1) A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.
(2) 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.
(3) 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.
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.
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.
Nonprofit medical marijuana dispensary means a non-profit entity as defined in A.R.S. § 36-2801(12).
Open space, to the fullest extent allowable by law, means a public park, public sidewalk, public walkway, public trail, preserve, public pedestrian thoroughfare, public property, or other area that is open to the public.
Person means an individual, partnership, corporation, association, or any other entity of whatever kind or nature.
Process and processing means to harvest, dry, cure, trim or separate parts of the marijuana plant.
Public place has the same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01.
Smoke means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic. To the extent permitted by law, "smoke" shall also mean the use of an electronic cigarette as defined in section 42-266 of the Gilbert Town Code.
(Ord. No. 2783, § I, 10-13-20)
