Written by The Regulation and Taxation of Marijuana Act is a statute designed to allow the public safe access to marijuana. Within the statute are several definitions worth knowing. This section will help you become familiar with the definitions that we think are most important to know. This section is best used only as a guide and any legal questions related to the regulations should be addressed to a licensed attorney.
Cannaboid – is any of the products or compounds derived from marijuana plants which have medical and/or psychotropic effects on the user.
Cannabis or Marijuana (may also be spelled “marihuana”) – refers to all parts of the cannabis plant which includes seeds; extracted resin from any part of the plant; clones; and “every compound, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol.” Cannabis specifically does not include:
1) mature cannabis stalks; fiber produced from stalks; oil or cake made from the seeds; 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 mass of other ingredients which are mixed with cannabis to produce food, drink, topical or oral administrations, or other products.
Cannabis or Marijuana Accessories – includes all the equipment, devices, or materials either intended or designed for cultivating, harvesting, manufacturing, compounding, converting, producing, testing, packaging, storing, and containing cannabis products. Cannabis or marijuana accessories also include any equipment, device, or material designed to allow ingesting, inhaling, or introducing cannabis products into the body in any way.
Cannabis or Marijuana Products – are manufactured products which contain cannabis or cannabis extract. These products include concentrated forms of cannabis intended for consumption such as edible products, topical products, tinctures, oils, beverages, and ointments.
Canopy – is an area that contains mature cannabis plants. A canopy is required to have clearly identifiable boundaries. It would be best to consult with a licensed attorney before making your own canopy.
Card Holder – is a person who qualifies to hold a valid registration card. Such person may include a patient, personal caregiver, laboratory agent or marijuana establishment agent.
Clone – is a clipping from a cannabis plant which is capable of producing another cannabis plant if rooted and grown.
Commission – refers to the Massachusetts Cannabis Control Commission which maintains the authority to implement Massachusetts marijuana laws.
Consumer – when used within the Massachusetts marijuana context, refers to a person of at least 21 years of age.
Controlling Person – is an officer, board member, or any individual who has 10% or greater voting interest in a marijuana establishment.
Commercially Available Candy – is a cannabis product that is manufactured and packaged in the form of candy including; bars, drops, or pieces; and includes a sweetened mixture of chocolate, nuts, nougat, caramel, cream, fruits, honey, marshmallow, or any similar combination; and exists in a candy, confection-like form.
Craft Marijuana Cooperative – is a group of people licensed to produce marijuana products to marijuana establishments but not directly to consumers. Members of the cooperative must be Massachusetts residents. The Cooperative must exist as an LLC, LLP, or cooperative corporation under Massachusetts law.
Cultivation Batch – is a group of cannabis plants produced from the same seed or plant stock and grown together. A cultivation batch requires identical propagation and treatment including ambient conditions; growing media; watering and light regimes; and agricultural or hydroponic inputs. Note that clones which all come from the same plant are still considered one batch. Please also note that the producer must also record and maintain a number system for labeling, tracking and allowing recalls. If you are producing a cultivation batch, please consult with a licensed attorney to ensure legal compliance.
Edible Cannabis Products or Edible – are cannabis products that are designed for human consumption either by eating or drinking. Edibles, when produced or sold by a registered marijuana dispensary, are not considered a food or drug.
Enclosed Area – is an area accessible only to consumers of at least 21 years of age, marijuana establishment agents, registered qualifying patients, or caregivers. Enclosed areas are equipped with locks or some type of security device.
Executive – is the executive leader of a marijuana establishment and includes. An executive leader may possess the following titles; chief of a board of directors, chief executive officer, executive director, president or senior directors.
Existing License Transporter – is an entity that is licensed to purchase, obtain, and possess cannabis products only for transportation, sale, temporary storage, or distribution to a marijuana establishment. Existing license transporters may not transport, sell, or distribute cannabis products to a consumer nor may a existing license transporter store cannabis products for a consumer.
Finished Marijuana – is usable cannabis, cannabis resin or cannabis concentrate.
Flowering – is the reproductive state by which the cannabis plant produces flowers, trichomes, and cannabinoid characteristics of cannabis.
Healthcare Provider – is a physician, certified nurse practitioner, or physician’s assistant who is qualified under the “Implementation of an Act for the Humanitarian Medical Use of Marijuana” to issue certifications for the medical use of marijuana.
Hemp – is a term referring to all parts of the cannabis plant which contain minimal tetrahydrocannabinol. Please consult with a licensed attorney regarding questions around this limit.
Host Community – refers to a municipality where a marijuana establishment is located. Host community is also used to refer to a municipality which an application to open a marijuana establishment has been submitted.
Independent Testing Laboratory – is a laboratory licensed by the Commission; accredited by the International Organization for Standardization; and financially independent from all medical marijuana treatment centers, marijuana establishments or licensee for which it conducts a test; that is qualified to test cannabis compliance.
Known Allergen – is the allergens identified by the Commission which includes but may not be limited to milk, fish, egg, shellfish, wheat, peanuts, tree nuts, soybeans.
Laboratory Agent – is an employee of an Independent Testing Laboratory who is permitted to possess, test, and/or transport cannabis or cannabis products under 935 CMR 500.000.
Law Enforcement Authorities – is the local law enforcement unless indicated otherwise.