§ 5.81.020. Definitions.

The following words or phrases, whenever used in this chapter, shall be given the following definitions:

A.

"Applicant" as used only in this chapter shall be any individual or business entity that applies for a permit required under this chapter.

B.

"Batch" as used only in this chapter shall be defined by the City Administrator to mean a discrete quantity of dried cannabis produced and sold together.

C.

"Cannabis" or "Marijuana" as used only in this chapter shall be the same, and as may be amended, as is defined in Section 5.80.010.

D.

"Cannabis concentrate" as used only in this chapter shall mean manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency.

E.

"Cannabis Dispensary" as used only in this chapter shall be the same, and as may be amended, as is defined in Section 5.80.010 and is also referred to herein as "dispensary."

F.

"City Administrator" as used only in this chapter shall mean the City Administrator for the City of Oakland and his or her designee.

G.

"Cultivate" as used only in this chapter shall mean to plant, grow, harvest, dry, cure, grade or trim cannabis in an area greater than two-hundred and fifty square feet of total area within one parcel of land.

H.

"Distribute" as used only in this chapter shall mean the procurement, sale, and transport of cannabis and medical cannabis products between State licensed cannabis entities.

I.

"Edible cannabis product" as used only in this chapter shall mean manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum.

J.

"Equity Applicant" shall mean an Applicant whose ownership/owner:

1.

Is an Oakland resident; and

2.

In the last year, had an annual income at or less than eighty (80) percent of Oakland Average Medium Income (AMI) adjusted for household size; and

3.

Either (i) has lived in any combination of Oakland police beats 2X, 2Y, 6X, 7X, 19X, 21X, 21Y, 23X, 26Y, 27X, 27Y, 29X, 30X, 30Y, 31Y, 32X, 33X, 34X, 5X, 8X and 35X for at least ten of the last twenty years or (ii) was arrested after November 5, 1996 and convicted of a cannabis crime committed in Oakland.

K.

"General Applicant" shall mean an Applicant other than an Equity Applicant.

L.

"Infuse" as used only in this Chapter shall mean to produce edible cannabis products or topical products through means other than extraction.

M.

"Manufactured Cannabis" as used only in this Chapter shall mean raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

N.

"Manufacture" as used only in this Chapter shall mean to produce, prepare, propagate, or compound manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

O.

"Medical Cannabis Collective" as used only in this Chapter shall be the same, and as may be amended, as is defined in Section 5.80.010.

P.

"Medical Marijuana" or "Medical Cannabis" as used only in this Chapter shall be the same, and as may be amended, as is defined in Section 5.80.010.

Q.

"Ownership" as used only in this Chapter shall mean the individual or individuals who:

(i)

With respect to for-profit entities, including without limitation corporations, partnerships, limited liability companies, has or have an aggregate ownership interest (other than a security interest, lien, or encumbrance) of fifty (50) percent or more in the entity.

(ii)

With respect to not for-profit entities, including without limitation a non-profit corporation or similar entity, constitutes or constitute a majority of the board of directors.

(iii)

With respect to collectives, has or have a controlling interest in the collective's governing body.

R.

"Package" as used only in this Chapter shall mean to package or repackage cannabis products or label or relabel cannabis product containers or wrappers.

S.

"Parcel of Land" as used only in this Chapter shall be the same, and as may be amended, as is defined in Section 5.80.010.

T.

"Permittees" as used only in this Chapter are individuals or businesses that have obtained a permit under this Chapter to cultivate, distribute, manufacture, test or transport.

U.

"Premises" shall have the same definition as California Business and Professions Code Section 26001, as may be amended, which as of March 2018, defines "Premises" as "the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted" but shall be construed to mean the portion of a property or structure where the commercial cannabis activity will be or is conducted.

V.

"Primary Caregiver" as used only in this Chapter shall be the same, and as may be amended, as is defined in Section 5.80.010.

W.

"Qualified Patient" as used only in this Chapter shall be the same, and as may be amended, as is defined in Section 5.80.010.

X.

"Testing" as used only in this Chapter shall mean the conducting of analytical testing of cannabis, cannabis-derived products, hemp, or hemp-derived products.

Y.

"Topical Cannabis" as used only in this chapter shall mean a product intended for external use such as with cannabis-enriched lotions, balms and salves.

Z.

"Transport" as used only in this Chapter means the transfer of medical cannabis or medical cannabis products from the permitted business location of one (1) licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity, as defined by State law.

AA.

"Transporter" as used only in this Chapter means a person licensed to transport medical cannabis or medical cannabis products between State-licensed medical cannabis facilities.

BB.

"Volatile Solvents" as used only in this Chapter shall mean those solvents used in the cannabis manufacturing process determined to be volatile by the California Department of Public Health or Oakland Fire Department.

CC.

"Work/Live" means permitted uses that fall under any of the following use activity or facility types of the Oakland Planning Code: Work/live unit (as defined in Subsection 17.73.040 B in a CIX, IG, and IO Zone); or work/live nonresidential facilities (as defined in Chapter 17.101E in a D-CE-5 Zone); or live/work residential facilities (as defined in Chapters 17.65 and 17.101E in HBX and D-CE Zone); or Work/live nonresidential facilities (as defined in Chapters 17.65 and 17.101E in a D-CE-3 or D-CE-4 Zone); or joint living and work quarters (as defined in Section 17.102.190); or residentially-oriented joint living and working quarters (as defined in Section 17.102.195) or such unpermitted uses that involve a work and live component.

(Ord. No. 13504, § 3, 10-2-2018; Ord. 13478, § 3, 3-20-2018; Ord. 13464, § 3, 11-28-2017; Ord. No. 13425, § 3, 3-28-2017; Ord. No. 13371, § 3, adopted May 17, 2016)