§ 492. Definitions. For purposes of this article, the following
definitions shall apply:

(a) "Adult-use cannabis product" means cannabis, concentrated
cannabis, and cannabis-infused products, as reflected on the product
label, whether or not such adult-use cannabis product is for use by a
cannabis consumer as such a consumer is defined in subdivision six of
section three of the cannabis law. For purposes of this article, under
no circumstances shall adult-use cannabis product include medical
cannabis or cannabinoid hemp product as defined in section three of the
cannabis law.

(b) "Cannabis" means all parts of the a 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. For purposes
of this article, cannabis does not include medical cannabis or
cannabinoid hemp product as defined in section three of the cannabis
law.

(c) "Cannabis edible product" means a product, containing either
cannabis or concentrated cannabis and other ingredients, intended for
use or consumption through ingestion, including sublingual or oral
absorption.

(d) "Cannabis flower" means the flower of a plant of the genus
cannabis that has been harvested, dried and cured but has not undergone
any processing whereby the plant material is transformed into a
concentrate, including, but not limited to, concentrated cannabis, or
into an edible or topical product containing cannabis or concentrated
cannabis and other ingredients. Cannabis flower excludes leaves and
stem.

(e) "Concentrated cannabis" has the same meaning as the term is
defined in section three of the cannabis law.

(f) "Distributor" has the same meaning as the term is defined in
section three of the cannabis law.

(g) "Illicit cannabis" means and includes any adult-use cannabis
product, including concentrated cannabis and cannabis edible products on
which any tax required to have been paid under this chapter has not been
paid. Illicit cannabis shall not include any cannabis lawfully possessed
in accordance with the cannabis law or penal law.

(h) "Cannabis plant" means cannabis that has not been harvested, or
undergone processing, drying or curing.

(i) "Person" means every individual, partnership, limited liability
company, society, association, joint stock company, corporation, estate,
receiver, trustee, assignee, referee, and any other person acting in a
fiduciary or representative capacity, whether appointed by a court or
otherwise, and any combination of the foregoing.

(j) "Sale" means any transfer of title, possession or both, exchange
or barter, rental, lease or license to use or consume, conditional, or
otherwise, in any manner or by any means whatsoever for a consideration
or any agreement therefor.

(k) "Total THC" has the same meaning as the term defined in section
three of the cannabis law.

(l) "Possession for sale" or "possessed for sale" means possession of
more than five pounds of adult-use cannabis products, or one pound of
concentrated cannabis products or cannabis edible products, at a
business or other location used for the storage, distribution or sale of
such cannabis products with the intent that such products be sold at
retail. Possession shall be presumed to be for sale when the adult-use
cannabis products are possessed in any place of business used for the
buying and selling of such adult-use cannabis products. Possession shall
not be presumed to be for sale when the adult-use cannabis products are
possessed in a residence or other real property, or any personal vehicle
on or about such property, not being used as a business for the buying
and selling of such adult-use cannabis products.