Unless otherwise indicated, terms used throughout this regulation shall be defined as they are in 935 CMR 500.000 et seq. and in MGL c. 94G, § 1.
As used in this article, the following terms shall have the meanings indicated:
ADULT USE MARIJUANA ESTABLISHMENTA marijuana establishment lawful under MGL c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed, and conforming to the requirements of 935 CMR 500 et seq., Adult Use of Marijuana.
COMMISSIONThe Massachusetts Cannabis Control Commission.
CONSUMERA person who is at least 21 years of age.
CONTROLLING PERSONAn officer, board member or other individual who has a financial or voting interest of 10% or greater in a marijuana establishment.
HOST COMMUNITYA municipality in which a marijuana establishment is located or in which an applicant has proposed locating a marijuana establishment.
MANUFACTURETo compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
MARIJUANAAll parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinol as defined in § 1 of MGL c. 94C and 94G, provided that "marijuana" shall not include: (1) 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, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (2) hemp; or (3) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. Marijuana also includes marijuana products except where the context clearly indicates otherwise.
MARIJUANA ACCESSORIESEquipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.
MARIJUANA CULTIVATORAn entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
MARIJUANA ESTABLISHMENTA marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
MARIJUANA ESTABLISHMENT AGENTA board member, director, employee, executive, manager, or volunteer of a marijuana establishment, who is 21 years of age or older. "Employee" includes a consultant or contractor who provides on-site services to a marijuana establishment related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of marijuana.
MARIJUANA PRODUCT MANUFACTURERAn entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana, but not to consumers.
MARIJUANA PRODUCTSProducts that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RETAILERAn entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
MARIJUANA TRANSPORTERAn entity, not otherwise licensed by the Commission, which is licensed to purchase, obtain, and possess marijuana and marijuana products solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments, not for sale to consumers.
PREMISESAny indoor or outdoor location over which a social consumption operation or its agents may lawfully exert substantial supervision or control over entry, property or the conduct of persons.
PROCESS or PROCESSINGTo harvest, dry, cure, trim and separate parts of the marijuana plant by manual or mechanical means, except it shall not include manufacture as defined in 935 CMR 500 et seq.
REGISTRANTThe holder of a registration card or a license, or a healthcare provider as that term is defined in 935 CMR 500 et seq.
REGISTRATION CARDAn identification card issued by the Commission to a marijuana establishment or laboratory agent. The registration card allows access into Commission-supported databases. The registration card facilitates identification by the Commission and law enforcement authorities of those individuals who are exempt from Massachusetts criminal and civil penalties, Ch. 369 of the Acts of 2012, 105 CMR 725.000, 935 CMR 500.000, and the Act.
RESEARCH FACILITYAn entity licensed to do or engage in research projects assigned by the Commission.
UNREASONABLY IMPRACTICABLEThat the measures necessary to comply with the regulations, ordinances or bylaws adopted pursuant to this chapter subject licensees to unreasonable risk or require such a high investment of risk, money, time or any other resource or asset that a reasonably prudent businessperson would not operate a marijuana establishment.