§ 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.