Section 2421-A - DefinitionsAs used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Assistant. "Assistant" means an individual who is paid to perform a service for a registrant, whether as an employee or independent contractor, in accordance with this chapter.2. Cannabis concentrate. "Cannabis concentrate" means the resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. "Cannabis concentrate" does not include resin extracted from hemp as defined in Title 7, section2231, subsection 1-A, paragraph D.3. Cannabis extraction. "Cannabis extraction" means the process of extracting cannabis concentrate from harvested cannabis using water, lipids, gases, solvents or other chemicals or chemical processes. "Cannabis extraction" does not include the process of extracting concentrate from hemp as defined in Title 7, section2231, subsection 1-A, paragraph D.4. Cannabis Legalization Act. "Cannabis Legalization Act" means the laws governing adult use of cannabis under Title 28-B, chapter 1.5. Cannabis paraphernalia. "Cannabis paraphernalia" means equipment, products, devices and materials that are used for planting, propagating, cultivating, harvesting, processing, preparing, testing, packaging or storing cannabis for medical use or used for ingesting, inhaling or otherwise consuming cannabis for medical use. "Cannabis paraphernalia" includes, but is not limited to: A. Kits used for planting, propagating, cultivating or harvesting a cannabis plant;B. Isomerization devices used for adjusting the potency of a cannabis plant;C. Testing equipment used for identifying or analyzing the potency, effectiveness or purity of a cannabis plant or harvested cannabis;D. Scales and balances used for weighing or measuring harvested cannabis;E. Separation gins and sifters used for removing twigs and seeds from, or in otherwise cleaning or refining, harvested cannabis;F. Envelopes and other containers used for packaging small quantities of harvested cannabis for medical use;G. Containers and other objects used for storing harvested cannabis;H. Rolling papers, cigarette papers or wraps used for rolling harvested cannabis for smoking;I. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, chillums or punctured metal bowls used for smoking harvested cannabis; andJ. Electronic smoking devices used for simulating the smoking of harvested cannabis or cannabis products through the inhalation of vapor or aerosol from the device.6.Cannabis plant. "Cannabis plant" means a plant of the genus Cannabis sativa L. "Cannabis plant" does not include hemp as defined in Title 7, section2231, subsection 1-A, paragraph D.7. Cannabis product. "Cannabis product" means a product composed of harvested cannabis and other ingredients that is intended for medical use. "Cannabis product" includes, but is not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture. "Cannabis product" does not include cannabis concentrate or a product containing hemp as defined in Title 7, section2231, subsection 1-A, paragraph D.8.Cannabis testing facility. "Cannabis testing facility" means a public or private laboratory that is: A. Authorized in accordance with section 2423-A, subsection 10 to analyze contaminants in and the potency and cannabinoid profile of samples; andB. Accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party accrediting body or is certified, registered or accredited by an organization approved by the office.9. Cannabis tincture. "Cannabis tincture" means a solution that is intended to be consumed orally and is prepared from harvested cannabis blended with an edible solvent.10. Cardholder. "Cardholder" means an individual who has been issued and possesses a valid registry identification card.11. Caregiver. "Caregiver" means an individual who provides care for a qualifying patient in accordance with this chapter.12.Caregiver retail store. "Caregiver retail store" means a store authorized in accordance with this chapter and used by a registered caregiver to sell cannabis paraphernalia, cannabis plants, harvested cannabis, related supplies or educational materials to qualifying patients and other items to the general public at a fixed location.13. Certified nurse practitioner. "Certified nurse practitioner" means a registered professional nurse licensed under Title 32, chapter 31 who has received postgraduate education designed to prepare the nurse for advanced practice registered nursing in a clinical specialty in nursing that has a defined scope of practice and who has been certified in the clinical specialty by a national certifying organization acceptable to the State Board of Nursing.14. Child-resistant. "Child-resistant" means, with respect to packaging or a container: A. Specially designed or constructed to be significantly difficult for a typical child under 5 years of age to open and not to be significantly difficult for a typical adult to open and reseal; andB. With respect to any product intended for more than a single use or that contains multiple servings, resealable.15. Commissioner. "Commissioner" means the Commissioner of Administrative and Financial Services.16.Complete application. "Complete application" means, with respect to an application for a registry identification card or a registration certificate, that: A. The applicant has completed and submitted to the office all application forms required and provided by the office;B. If required by the office pursuant to this chapter, the applicant has submitted to a criminal history record check;C. If applying for a registry identification card for a caregiver or a registration certificate for a dispensary, the applicant has registered with the State Tax Assessor pursuant to Title 36, section1754-B to collect and remit the sales tax on the sale of harvested cannabis imposed under Title 36, section1811 and has provided to the office documentation of the registration; andD. If applying for a registration certificate for a dispensary, the applicant has submitted to the office documentation sufficient to show that the applicant has fulfilled any applicable municipal authorization requirements for the municipality in which the applicant intends to operate the dispensary.17. Cultivation area. "Cultivation area" means an indoor or outdoor area used for cultivation of mature cannabis plants, immature cannabis plants or seedlings in accordance with this chapter. A cultivation area may include multiple indoor or outdoor areas, whether contiguous or noncontiguous, on the same parcel or tract of land.18. Department. "Department" means the Department of Administrative and Financial Services.19. Disqualifying drug offense. "Disqualifying drug offense" means a conviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year or more. It does not include: A. An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed 5 or more years earlier;B. An offense that consisted of conduct that would have been permitted under this chapter; orC. An offense that consisted of conduct that would be authorized under Title 28-B or that, if the person convicted of the offense had been acting under the authority of a license pursuant to Title 28-B, would have been authorized under Title 28-B.20. Edible cannabis product. "Edible cannabis product" means a cannabis product intended to be consumed orally, including, but not limited to, any type of food, drink or pill containing harvested cannabis. "Edible cannabis product" does not include an edible product containing hemp as defined in Title 7, section2231, subsection 1-A, paragraph D.21. Harvested cannabis. "Harvested cannabis" means the plant material harvested from a mature cannabis plant, except the stalks, leaves and roots of the plant that are not used for a qualifying patient's medical use. "Harvested cannabis" includes cannabis concentrate and cannabis products. "Harvested cannabis" does not include plant material harvested from hemp as defined in Title 7, section2231, subsection 1-A, paragraph D.22. Immature cannabis plant. "Immature cannabis plant" means a cannabis plant that is not a mature cannabis plant or seedling. "Immature cannabis plant" does not include hemp as defined in Title 7, section2231, subsection 1-A, paragraph D.23. Immature plant canopy. "Immature plant canopy" means the total surface area within a cultivation area where immature cannabis plants are growing. The surface area of the immature plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the immature plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, the surface area of each tier or shelf must be included in calculating the area of the immature plant canopy. Calculation of the surface area of the immature plant canopy may not include the areas within the cultivation area that are not used at any time to cultivate immature cannabis plants.24.Inherently hazardous substance. "Inherently hazardous substance" means a liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a flash point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, propane and diethyl ether. "Inherently hazardous substance" does not include any form of alcohol or ethanol.25. Long-term care facility. "Long-term care facility" means a hospice provider facility licensed under chapter 1681; a nursing facility licensed under chapter 405; an assisted living facility licensed under chapter 1663 or 1664; or a facility or program licensed under chapter 1663 that provides care for a qualifying patient in accordance with this chapter.26. Manufacture or manufacturing. "Manufacture" or "manufacturing" means the production, blending, infusing, compounding or other preparation of cannabis concentrate and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis.27.Manufacturing facility. "Manufacturing facility" means a registered tier 1 or tier 2 manufacturing facility or a person authorized to engage in cannabis extraction in accordance with this chapter.28. Mature cannabis plant. "Mature cannabis plant" means a flowering female cannabis plant. "Mature cannabis plant" does not include hemp as defined in Title 7, section2231, subsection 1-A, paragraph D.29.Mature plant canopy. "Mature plant canopy" means the total surface area within a cultivation area where mature cannabis plants are growing. The surface area of the mature plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the mature plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, the surface area of each tier or shelf must be included in calculating the area of the mature plant canopy. Calculation of the surface area of the mature plant canopy may not include the areas within the cultivation area that are not used at any time to cultivate mature cannabis plants.30. Medical provider. "Medical provider" means a physician, a certified nurse practitioner or a physician assistant.31. Medical use. "Medical use" means the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of cannabis or cannabis paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient's medical diagnosis or symptoms for which a medical provider has provided the qualifying patient a written certification under this chapter.32. Member of the family. "Member of the family" means an individual who is a resident of the State and who is a spouse, domestic partner, child, sibling, sibling of a parent, child of a sibling, parent, stepparent, grandparent or grandchild of another individual.33. Members of the same household. "Members of the same household" means 2 or more individuals who are residents of the State and who reside in a shared dwelling unit.34. Minor. "Minor" means a person who has not attained 21 years of age.35. Office. "Office" means the Office of Cannabis Policy established in Title 28-B, section104-A within the department.36. Officer or director. "Officer or director" means, when used with respect to any nonprofit, for-profit or other organization governed by this chapter, a director, manager, shareholder, board member, partner or other individual holding a management position or ownership interest in the organization.37. Physician. "Physician" means an individual licensed as an osteopathic physician by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or an individual licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs.38. Physician assistant. "Physician assistant" means an individual licensed as a physician assistant by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or an individual licensed as a physician assistant by the Board of Licensure in Medicine pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs.39.Qualifying patient. "Qualifying patient" means an individual who has been a resident of the State for at least 30 days and who possesses a valid written certification regarding medical use of cannabis in accordance with this chapter.40. Registered caregiver. "Registered caregiver" means a caregiver who is registered by the office pursuant to this chapter.41. Registered dispensary. "Registered dispensary" means an entity registered in accordance with this chapter that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses cannabis paraphernalia, cannabis plants, harvested cannabis, related supplies or educational materials to qualifying patients and the caregivers of those patients.42. Registrant. "Registrant" means a registered caregiver, dispensary, cannabis testing facility, manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances under this chapter.43. Registrant agent. "Registrant agent" means an assistant, employee, officer, director or other authorized agent of a registered caregiver, dispensary, cannabis testing facility, manufacturing facility or person authorized to engage in cannabis extraction using inherently hazardous substances under this chapter.44. Registration certificate. "Registration certificate" means a document issued by the office that identifies a person who has registered with the office in accordance with this chapter.45.Registry identification card. "Registry identification card" means a document issued by the office that identifies an individual who has registered with the office in accordance with this chapter.46. Remuneration. "Remuneration" means a donation or any other monetary payment received directly or indirectly by a person in exchange for goods or services as part of a transaction in which cannabis for medical use is transferred or furnished by that person to another person.47. Sample. "Sample" means a cannabis plant or harvested cannabis that is provided for testing or research purposes to a cannabis testing facility.48. Seedling. "Seedling" means a cannabis plant or rooted cutting that is: B. Less than 24 inches in height; andC. Less than 24 inches in width.49. Tamper-evident. "Tamper-evident" means, with respect to a device or process, bearing a seal, a label or a marking that makes unauthorized access to or tampering with a package, product or container easily detectable.50. Tamper-resistant paper. "Tamper-resistant paper" means paper that possesses an industry-recognized feature that prevents copying of the paper, erasure or modification of information on the paper and the use of counterfeit documentation.51. Telehealth services. "Telehealth services" means health care services delivered through the use of information technology. "Telehealth services" includes synchronous encounters, store and forward transfers, telemonitoring and asynchronous encounters. As used in this subsection, the following terms have the following meanings.
A. "Asynchronous encounter" means an interaction between an individual and a medical provider through a system that has the ability to store digital information, including, but not limited to, still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the individual and the medical provider.B. "Store and forward transfer" means the transmission of an individual's records through a secure electronic system to a medical provider.C. "Synchronous encounter" means a real-time interaction conducted with an interactive audio or video connection between an individual and a medical provider or between a medical provider and another medical provider.D. "Telemonitoring" means the use of information technology to remotely monitor an individual's health status via electronic means, allowing the medical provider to track the individual's health data over time.52. Timely filed. "Timely filed" means, with respect to an application submitted for renewal of a registry identification card or an application submitted for renewal of a registration certificate, that the applicant submits a complete application to the office no sooner than 60 days and no later than 30 days prior to the expiration date of the current registry identification card or the current registration certificate.53. Visiting qualifying patient. "Visiting qualifying patient" means a patient who is authorized for the medical use of cannabis in this State and who is not a resident of the State or who has been a resident of the State less than 30 days.54.Written certification. "Written certification" means a document signed by a medical provider and issued to a qualifying patient, or a digital image of that document issued by the medical provider that states that, in the medical provider's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's medical diagnosis or symptoms associated with the medical diagnosis.Added by 2024, c. 679,§ A-3, eff. 8/9/2024.