Wash. Admin. Code § 314-55-010 - Definitions
The following definitions apply for the purpose of this chapter in addition to the definitions provided in RCW 69.50.101.
(1) "Applicant" or "cannabis license
applicant" means any person or business entity who is considered by the WSLCB
as a true party of interest in a cannabis license, as outlined in WAC
314-55-035.
However, for purposes of determining an application's priority under
RCW
69.50.331(1)(a), only the
person or business entity that is applying for the license will be considered
the applicant.
(2) "Batch" means a
quantity of cannabis-infused product containing material from one or more lots
of cannabis.
(3) "Business name" or
"trade name" means the name of a licensed business as used by the licensee on
signs and advertising.
(4)
"Characterizing flavor" means a noticeable taste, other than one of cannabis,
resulting from an additive or combination of additives including, but not
limited to, fruit, spice, herbs, alcohol, candy, or menthol, or that is
noticeable before or during consumption of the cannabis product.
(5) "Child care center" means an entity that
regularly provides child day care and early learning services for a group of
children for periods of less than 24 hours licensed by the Washington state
department of early learning under chapter 170-295 WAC.
(6) "Consultant" means an expert who provides
advice or services in a particular field, whether a fee is charged or not. A
consultant who is in receipt of, or has the right to receive, a percentage of
the gross or net profit from the licensed business during any full or partial
calendar or fiscal year is a true party of interest and subject to the
requirements of WAC
314-55-035.
A consultant who exercises any control over an applicant's or licensee's
business operations is also subject to the requirements of WAC
314-55-035(4).
(7) "Cooperative" means a group of more than
one, but no more than four qualified medical cannabis patients and/or
designated providers who share responsibility for growing and processing
cannabis only for the medical use of the members of the cooperative.
(8) "Domicile" means a person's true, fixed,
primary permanent home and place of habitation and the tax parcel on which it
is located. It is the place where the person intends to remain and to which the
person expects to return when the person leaves without intending to establish
a new domicile elsewhere.
(9)
"Elementary school" means a school with a physical location for early education
that provides the first four to eight years of basic education and recognized
by the Washington state superintendent of public instruction.
(10) "Employee" means any person performing
services on a licensed premises for the benefit of the licensee whether or not
such person is compensated by the licensee.
(11) "End product" means a cannabis product
that requires no further processing prior to retail sale.
(12) "Financier" means any person or entity,
other than a banking institution, that provides money as a gift or loans money
to the applicant/business and expects to be paid back the amount of the loan
with or without reasonable interest.
(13) "Game arcade" means an entertainment
venue featuring primarily video games, simulators, and/or other amusement
devices where persons under twenty-one years of age are not
restricted.
(14) "Harvest" means
the cannabis plant material derived from plants of the same strain that were
cultivated at the same licensed location and gathered at the same
time.
(15) "Immature plant or
clone" means a cannabis plant or clone that has no flowers, is less than 12
inches in height, and is less than 12 inches in diameter.
(16) "Intermediate product" means cannabis
flower lots or other material lots that have been converted by a cannabis
processor to a cannabis mix lot, cannabis concentrate or cannabis-infused
product that must be or are intended to be converted further to an end
product.
(17) "Library" means an
organized collection of resources made accessible to the public for reference
or borrowing supported with money derived from taxation.
(18) "Licensed premises" means all areas of a
premises where the licensee has leasehold rights as listed in the property
lease submitted to the board. Any vehicle assigned for the purposes of
transporting cannabis, useable cannabis, cannabis concentrates, or
cannabis-infused products shall be considered an extension of the licensed
premises.
(19) "Licensee" or
"cannabis licensee" means any person or entity that holds a cannabis license,
or any person or entity who is a true party of interest in a cannabis license,
as outlined in WAC
314-55-035.
(20) "Lot" means either of the following:
(a) The flowers from one or more cannabis
plants of the same strain. A single lot of flowers cannot weigh more than five
pounds; or
(b) The trim, leaves, or
other plant matter from one or more cannabis plants. A single lot of trim,
leaves, or other plant matter cannot weigh more than 15 pounds.
(21) "Lozenge" means a
cannabis-infused product such as a hard candy, mint, pastille, tablet, or
similar type of edible product that is generally swallowed whole, chewed and
swallowed, or dissolved in the mouth.
(22) "Cannabis strain" means a pure breed or
hybrid variety of Cannabis reflecting similar or identical combinations of
properties such as appearance, taste, color, smell, cannabinoid profile, and
potency.
(23) "Cannabis mix" means
an intermediate lot that contains multiple strains of useable cannabis and is
chopped or ground so no particles are greater than 3 mm.
(24) "Cannabis mix infused" or "mix infused"
means an end product that contains cannabis mix and may contain other
intermediate products or useable cannabis.
(25) "Cannabis mix packaged" or "mix
packaged" means an end product containing only cannabis mix and no other
product types.
(26) "Member,"
except as that term is used in relation to registered cooperatives, means a
principal or governing person of a given entity including, but not limited to:
LLC member/manager, president, vice president, secretary, treasurer, CEO,
director, stockholder, partner, general partner, limited partner. This includes
all spouses of all principals or governing persons named in this definition and
referenced in WAC
314-55-035.
(27) "Paraphernalia" means items used for the
storage or use of useable cannabis, cannabis concentrates, or cannabis-infused
products, such as, but not limited to, lighters, roach clips, pipes, rolling
papers, bongs, and storage containers. Items for growing, cultivating, and
processing cannabis, such as, but not limited to, butane, lights, and chemicals
are not considered "paraphernalia."
(28) "Pesticide" means, but is not limited
to:
(a) Any substance or mixture of
substances intended to prevent, destroy, control, repel, or mitigate any
insect, rodent, snail, slug, fungus, weed, and any other form of plant or
animal life or virus, except virus on or in a living person or other animal
which is normally considered to be a pest;
(b) any substance or mixture of substances
intended to be used as a plant regulator, defoliant, or desiccant;
and
(c) any spray adjuvant.
Pesticides include substances commonly referred to as herbicides, fungicides,
insecticides, and cloning agents.
(29) "Perimeter" means a property line that
encloses an area.
(30) "Plant"
means a cannabis plant.
(31) "Plant
canopy" means the square footage dedicated to live plant production, such as
maintaining mother plants, propagating plants from seed to plant tissue,
clones, vegetative or flowering area. Plant canopy does not include areas such
as space used for the storage of fertilizers, pesticides, or other products,
quarantine, office space, etc.
(32)
"Playground" means a public outdoor recreation area for children, usually
equipped with swings, slides, and other playground equipment, owned and/or
managed by a city, county, state, federal government, or metropolitan park
district.
(33) "Product(s)
otherwise taken into the body" means a cannabis-infused product for human
consumption or in-gestion intended for uses other than inhalation, oral
ingestion, or external application to the skin.
(34) "Public park" means an area of land for
the enjoyment of the public, having facilities for rest and/or recreation, such
as a baseball diamond or basketball court, owned and/or managed by a city,
county, state, federal government, or metropolitan park district. Public park
does not include trails.
(35)
"Public transit center" means a facility located outside of the public right of
way that is owned and managed by a transit agency or city, county, state, or
federal government for the express purpose of staging people and vehicles where
several bus or other transit routes converge. They serve as efficient hubs to
allow bus riders from various locations to assemble at a central point to take
advantage of express trips or other route to route transfers.
(36) "Recreation center or facility" means a
supervised center that provides a broad range of activities and events intended
primarily for use by persons under 21 years of age, owned and/or managed by a
charitable nonprofit organization, city, county, state, federal government, or
metropolitan park district.
(37)
"Residence" means a person's address where he or she physically resides and
maintains his or her abode.
(38)
"Secondary school" means a high and/or middle school with a physical location:
A school for students who have completed their primary education, usually
attended by children in grades seven to 12 and recognized by the Washington
state superintendent of public instruction.
(39) "Selling price" means the same meaning
as in
RCW
82.08.010, except that when the product is
sold under circumstances where the total amount of consideration paid for the
product is not indicative of its true value. Selling price means the true value
of the product sold as determined or agreed to by the WSLCB. For purposes of
this subsection:
(a) "Product" means
cannabis, cannabis concentrates, useable cannabis, or cannabis-infused
products; and
(b) "True value"
means market value based on sales at comparable locations in the state of the
same or similar product of like quality and character sold under comparable
conditions of sale to comparable purchasers. In the absence of such sales of
the same or similar product, true value means the value of the product sold as
determined by all of the seller's direct and indirect costs attributed to the
product.
(40) "Terpenes"
means a class of compounds that impart smell, taste, or both occurring in the
cannabis plant which consist of a carbon skeleton derived from isoprene units.
The word "terpene" may include, but is not limited to, the following:
(a) "Botanical terpenes" means constituents
derived from a spice, fruit, vegetable or vegetable juice, edible yeast, herb,
bark, bud, root, or leaf or similar plant material. Their significant function
in cannabis products is flavoring. This includes:
(i) Essential oil, which is natural oil
typically obtained by distillation and possessing the characteristic fragrance
of the plant or other source from which it is extracted;
(ii) Oleoresin, which is a natural or
artificial mixture of essential oils and a resin;
(iii) Distillate; or
(iv) Any product of roasting, heating, or
enzymolysis which contains terpenes.
(b) "Synthetic terpenes" means any terpene
that does not occur in the cannabis plant, or in other botanical sources, and
is produced through chemical manipulation in a laboratory or similar
facility.
(c) "Terpenoids" means
the natural products and related compounds formally derived from isoprene
units, or "isoprenoids," that have the same meaning as that found in the
current version of the International Union of Pure and Applied Chemistry
(IUPAC) and as hereafter amended.
(41) "Unit" means an individually packaged
cannabis-infused solid or liquid product meant to be eaten or swallowed, not to
exceed 10 servings or 100 milligrams of active tetrahydrocannabinol (THC), or
Delta 9.
(42) "WSLCB" means the
Washington state liquor and cannabis board.
Notes
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