Wash. Admin. Code § 314-55-010 - [Effective 1/7/2025] 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 LCB 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)
"Cannabis" has the meaning provided in RCW 69.50.101.
(5) "Cannabis concentrates" has the meaning
provided in RCW 69.50.101.
(6)
"Cannabis-infused products" has the meaning provided in RCW
69.50.101.
(7) "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.
(8) "Cannabis mix infused" or "mix infused"
means an end product that contains cannabis mix and may contain other
intermediate products or useable cannabis.
(9) "Cannabis mix packaged" or "mix packaged"
means an end product containing only cannabis mix and no other product
types.
(10) "Cannabis products" has
the meaning provided in RCW 69.50.101.
(11) "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.
(12) "CBD concentration"
has the meaning provided in RCW 69.51A.010.
(13) "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.
(14)
"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.
(15)
"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).
(16) "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.
(17) "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.
(18)
"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.
(19) "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 .
(20) "End product" means a cannabis product
that requires no further processing prior to retail sale.
(21) "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.
(22) "Game arcade" means an entertainment
venue featuring primarily video games, simulators, and/or other amusement
devices where persons under 21 years of age are not restricted.
(23) "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.
(24) "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.
(25) "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.
(26) "LCB" means the
Washington state liquor and cannabis board.
(27) "Library" means an organized collection
of resources made accessible to the public for reference or borrowing supported
with money derived from taxation.
(28) "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.
(29) "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.
(30)
"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.
(31) "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.
(32) "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.
(33)
"Package" has the meaning provided in RCW 69.50.101.
(34) "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."
(35) "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.
(36) "Perimeter" means a property line that
encloses an area.
(37) "Plant"
means a cannabis plant.
(38) "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.
(39)
"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.
(40) "Product(s)
otherwise taken into the body" means a cannabis-infused product for human
consumption or ingestion intended for uses other than inhalation, oral
ingestion, or external application to the skin.
(41) "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.
(42)
"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.
(43) "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.
(44)
"Residence" means a person's address where he or she physically resides and
maintains his or her abode.
(45)
"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.
(46) "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 LCB. 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.
(47) "Synthetic cannabinoid"
includes any chemical compound identified in RCW 69.50.204 (c) [(3)](30)[(dd)](i) or by the pharmacy quality assurance commission under RCW
69.50.201.
(48) "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.
(49) "Tetrahydrocannabinols" has the meaning
provided in RCW 69.50.204.
(50)
"Total THC" means any tetrahydrocannabinol, as defined in chapter 69.50 RCW,
identified in the product testing process measured in milligrams per gram,
taking into account the conversion from acidic to neutral form.
(51) "THC concentration" has the meaning
provided in RCW 69.50.101.
(52)
"Unit" has the meaning provided in RCW 69.50.101.
(53) "WSDA" means the Washington state
department of agriculture.
Notes
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