                                 CODE OF VIRGINIA

DEFINITIONS (§ 4.1-600)

As used in this subtitle, unless the context requires a different meaning:
		&#8220;Advertisement&#8221; or &#8220;advertising&#8221; means any written or
verbal statement, illustration, or depiction that is calculated to induce sales
of retail marijuana, retail marijuana products, marijuana plants, or marijuana
seeds, including any written, printed, graphic, digital, electronic, or other
material, billboard, sign, or other outdoor display, publication, or radio or
television broadcast.
		&#8220;Authority&#8221; means the Virginia Cannabis Control Authority created
pursuant to this subtitle.
		&#8220;Board&#8221; means the Board of Directors of the Virginia Cannabis
Control Authority.
		&#8220;Cannabis Control Act&#8221; means Subtitle II (§ 4.1-600 et seq.).
		&#8220;Child-resistant&#8221; means, with respect to packaging or a container,
(i) specially designed or constructed to be significantly difficult for a
typical child under five years of age to open and not to be significantly
difficult for a typical adult to open and reseal and (ii) for any product
intended for more than a single use or that contains multiple servings,
resealable.
		&#8220;Cultivation&#8221; or &#8220;cultivate&#8221; means the planting,
propagation, growing, harvesting, drying, curing, grading, trimming, or other
similar processing of marijuana for use or sale. &#8220;Cultivation&#8221; or
&#8220;cultivate&#8221; does not include manufacturing or testing.
		&#8220;Edible marijuana product&#8221; means a marijuana product intended to
be consumed orally, including marijuana intended to be consumed orally or
marijuana concentrate intended to be consumed orally.
		&#8220;Immature plant&#8221; means a nonflowering marijuana plant that is no
taller than eight inches and no wider than eight inches, is produced from a
cutting, clipping, or seedling, and is growing in a container.
		&#8220;Licensed&#8221; means the holding of a valid license granted by the
Authority.
		&#8220;Licensee&#8221; means any person to whom a license has been granted by
the Authority.
		&#8220;Manufacturing&#8221; or &#8220;manufacture&#8221; means the production
of marijuana products or the blending, infusing, compounding, or other
preparation of marijuana and marijuana products, including marijuana extraction
or preparation by means of chemical synthesis. &#8220;Manufacturing&#8221; or
&#8220;manufacture&#8221; does not include cultivation or testing.
		&#8220;Marijuana&#8221; means any part of a plant of the genus Cannabis,
whether growing or not, its seeds or resin; and every compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its seeds, its resin,
or any extract containing one or more cannabinoids. &#8220;Marijuana&#8221; does
not include (i) the mature stalks of such plant, fiber produced from such stalk,
or oil or cake made from the seed of such plant, unless such stalks, fiber, oil,
or cake is combined with other parts of plants of the genus Cannabis; (ii)
industrial hemp, as defined in § 3.2-4112, that is possessed by a person
registered pursuant to subsection A of § 3.2-4115 or his agent; (iii)
industrial hemp, as defined in § 3.2-4112, that is possessed by a person who
holds a hemp producer license issued by the U.S. Department of Agriculture
pursuant to 7 C.F.R. Part 990; (iv) a hemp product, as defined in § 3.2-4112;
(v) an industrial hemp extract, as defined in § 3.2-5145.1; or (vi) any
substance containing a tetrahydrocannabinol isomer, ester, ether, salt, or salts
of such isomer, ester, or ether that has been placed by the Board of Pharmacy
into one of the schedules set forth in the Drug Control Act (§ 54.1-3400 et
seq.) pursuant to § 54.1-3443.
		&#8220;Marijuana concentrate&#8221; means marijuana that has undergone a
process to concentrate one or more active cannabinoids, thereby increasing the
product&#8217;s potency. Resin from granular trichomes from a marijuana plant is
a concentrate for purposes of this subtitle.
		&#8220;Marijuana cultivation facility&#8221; means a facility licensed under
this subtitle to cultivate, label, and package retail marijuana; to purchase or
take possession of marijuana plants and seeds from other marijuana cultivation
facilities; to transfer possession of and sell retail marijuana, immature
marijuana plants, and marijuana seeds to marijuana wholesalers and retail
marijuana stores; to transfer possession of and sell retail marijuana, marijuana
plants, and marijuana seeds to other marijuana cultivation facilities; to
transfer possession of and sell retail marijuana to marijuana manufacturing
facilities; and to sell immature marijuana plants and marijuana seeds to
consumers for the purpose of cultivating marijuana at home for personal use.
		&#8220;Marijuana establishment&#8221; means a marijuana cultivation facility,
a marijuana testing facility, a marijuana manufacturing facility, a marijuana
wholesaler, or a retail marijuana store.
		&#8220;Marijuana manufacturing facility&#8221; means a facility licensed under
this subtitle to manufacture, label, and package retail marijuana and retail
marijuana products; to purchase or take possession of retail marijuana from a
marijuana cultivation facility or another marijuana manufacturing facility; and
to transfer possession of and sell retail marijuana and retail marijuana
products to marijuana wholesalers, retail marijuana stores, or other marijuana
manufacturing facilities.
		&#8220;Marijuana paraphernalia&#8221; means all equipment, products, and
materials of any kind that are either designed for use or are intended for use
in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, strength testing,
analyzing, packaging, repackaging, storing, containing, concealing, ingesting,
inhaling, or otherwise introducing into the human body marijuana.
		&#8220;Marijuana products&#8221; means (i) products that are composed of
marijuana and other ingredients and are intended for use or consumption,
ointments, and tinctures or (ii) marijuana concentrate.
		&#8220;Marijuana testing facility&#8221; means a facility licensed under this
subtitle to develop, research, or test marijuana, marijuana products, and other
substances.
		&#8220;Marijuana wholesaler&#8221; means a facility licensed under this
subtitle to purchase or take possession of retail marijuana, retail marijuana
products, immature marijuana plants, and marijuana seeds from a marijuana
cultivation facility, a marijuana manufacturing facility, or another marijuana
wholesaler and to transfer possession and sell or resell retail marijuana,
retail marijuana products, immature marijuana plants, and marijuana seeds to a
marijuana cultivation facility, marijuana manufacturing facility, retail
marijuana store, or another marijuana wholesaler.
		&#8220;Non-retail marijuana&#8221; means marijuana that is not cultivated,
manufactured, or sold by a licensed marijuana establishment.
		&#8220;Non-retail marijuana products&#8221; means marijuana products that are
not manufactured and sold by a licensed marijuana establishment.
		&#8220;Place or premises&#8221; means the real estate, together with any
buildings or other improvements thereon, designated in the application for a
license as the place at which the cultivation, manufacture, sale, or testing of
retail marijuana or retail marijuana products shall be performed, except that
portion of any such building or other improvement actually and exclusively used
as a private residence.
		&#8220;Public place&#8221; means any place, building, or conveyance to which
the public has, or is permitted to have, access, including restaurants, soda
fountains, hotel dining areas, lobbies and corridors of hotels, and any park,
place of public resort or amusement, highway, street, lane, or sidewalk
adjoining any highway, street, or lane.
		&#8220;Residence&#8221; means any building or part of a building or structure
where a person resides, but does not include any part of a building that is not
actually and exclusively used as a private residence, nor any part of a hotel or
club other than a private guest room thereof.
		&#8220;Retail marijuana&#8221; means marijuana that is cultivated,
manufactured, or sold by a licensed marijuana establishment.
		&#8220;Retail marijuana products&#8221; means marijuana products that are
manufactured and sold by a licensed marijuana establishment.
		&#8220;Retail marijuana store&#8221; means a facility licensed under this
subtitle to purchase or take possession of retail marijuana, retail marijuana
products, immature marijuana plants, or marijuana seeds from a marijuana
cultivation facility, marijuana manufacturing facility, or marijuana wholesaler
and to sell retail marijuana, retail marijuana products, immature marijuana
plants, or marijuana seeds to consumers.
		&#8220;Sale&#8221; and &#8220;sell&#8221; includes soliciting or receiving an
order for; keeping, offering, or exposing for sale; peddling, exchanging, or
bartering; or delivering otherwise than gratuitously, by any means, retail
marijuana or retail marijuana products.
		&#8220;Special agent&#8221; means an employee of the Virginia Cannabis Control
Authority whom the Board has designated as a law-enforcement officer pursuant to
this subtitle.
		&#8220;Testing&#8221; or &#8220;test&#8221; means the research and analysis of
marijuana, marijuana products, or other substances for contaminants, safety, or
potency. &#8220;Testing&#8221; or &#8220;test&#8221; does not include
cultivation or manufacturing.
		&#8220;Tetrahydrocannabinol&#8221; means the same as that term is defined in
§ 3.2-4112.
		&#8220;Total tetrahydrocannabinol&#8221; means the same as that term is
defined in § 3.2-4112.

HISTORY: 2021, Sp. Sess. I, cc. 550, 551; 2023, cc. 744, 794.