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City of Portland

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14B.130.020 Definitions.

(Amended by Ordinance Nos. 187557, 188178, 188329 and 188602, effective September 20, 2017.)  As used in this Chapter, unless the context requires otherwise, the following definitions apply:

A.  “Applicant” means any individual that is directly involved in the management and operation of, or has at least 10 percent ownership interest in, the marijuana business or medical dispensary in the City.

B.  “Cannabinoid concentrates” means a substance obtained by separating cannabinoids from marijuana by;

1.  A mechanical extraction process;

2.  A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol;

3.  A chemical extraction process using the solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or

4.  Any other process identified by the Oregon Liquor Control Commission or the Oregon Health Authority, by rule.

C.  “Cannabinoid edibles” means food or potable liquids into which a cannabinoid concentrate, extract, or dried marijuana leaves or flowers have been incorporated.

D.  “Cannabinoid extracts” means a substance obtained by separating cannabinoids from marijuana by;

1.  A chemical extraction process using hydrocarbon-based solvent, such as butane, hexane, or propane;

2.  A chemical extraction process using the solvent carbon dioxide, if the process uses high heat or pressure, or;

3.  Any other process identified by the Oregon Liquor Control Commission or the Oregon Health Authority, by rule.

E.  “Cannabinoid Product” means an edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contain cannabinoids or dried marijuana leaves or flowers. Cannabinoid product does not include;

1.  Usable marijuana by itself;

2.  A concentrate by itself;

3.  A cannabinoid extract by itself;

4.  Industrial Hemp, as defined in ORS 571.300.

F.  “Chief of Police” means the Chief of the Bureau of Police, or the Chief’s designee.

G.  “Consumer” means a person who purchases, acquires, owns, holds, or uses marijuana seeds, immature marijuana plants, marijuana or marijuana items other than for the purpose of resale.

H.  "Director" means the Director of the Office of Neighborhood Involvement, or the Director's designee.

I.  “Financial consideration” or “For consideration” means value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations.

J.  “Licensee” means a person who holds a license issued under PCC Chapter 14B.130.

K.  “Licensee representative” means an owner, director, officer, manager, employee, agent or other representative of a licensee, to the extent that the person acts in a representative capacity.

L.  “Licensed premises” means all public and private enclosed areas at the location that are used for the business operated at the location, including offices, kitchens, rest rooms and storerooms; all areas outside a building that the City has specifically licensed for the production, processing, wholesale sale, retail sale or transfer of marijuana and marijuana items.

M.  “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. “Marijuana” does not include industrial hemp, as defined in ORS 571.300.

N.  “Marijuana Business” means any business located within the City that is licensed or has submitted or is required to submit an application to be licensed by the Oregon Liquor Control Commission as any of the following;

1.  “Marijuana micro-producer tier I” means a person who produces marijuana in the City with an indoor canopy size of up to 625 square feet in the City.

2.  “Marijuana micro-producer tier II” means a person who produces marijuana in the City with an indoor canopy size 626 to 1250 square feet in the City.

3.  “Marijuana micro-wholesaler” means a person that only purchases or receives seeds, immature plants or usable marijuana from a producer with a micro tier I or tier II canopy for resale to a person other than a consumer in the City.

4.  “Marijuana processor” means a person who processes marijuana items in this City.

a.  A marijuana processor may only process and sell cannabinoid products, concentrates, or extracts if the processor has received an endorsement from the Director for that type of processing activity. Endorsements types are:

(1)  Cannabinoid edible processor;

(2)  Cannabinoid topical processor;

(3)  Cannabinoid concentrate processor; and

(4)  Cannabinoid extract processor.

b.  An applicant must request an endorsement upon submission of an initial application but may also request an endorsement at any time after being licensed by the Director.

c.  In order to apply for an endorsement an applicant or processor licensee must submit a form prescribed by the Director that includes a description of the type of products to be processed, a description of equipment to be used, and any solvents, gases, chemicals or other compounds proposed to be used to create extracts or concentrates.

5.  “Marijuana producer” means a person who produces marijuana in the City.

6.  “Marijuana retailer” means a person who sells or makes available for purchase marijuana or marijuana items in the City.

7.  “Marijuana retail courier” means a marijuana retailer who sells or makes available for purchase marijuana or marijuana items only by delivery to residences located within the City.

8.  “Marijuana wholesaler” means a person who purchases marijuana or marijuana items in this State for resale to a person other than a consumer.

O.  “Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.

P.  “Marijuana Laboratory” means any person who is conducting tests of marijuana under Oregon law.

Q.  “Marijuana Regulatory License” means a license issued by the City to produce, process, sell or transfer marijuana and marijuana items.

R.  “Medical Dispensary” means a business located within the City that is registered with the Oregon Health Authority under ORS 475.314 and authorized to transfer usable marijuana, marijuana items and immature marijuana plants, or a site for which an applicant has submitted an application for registration under ORS 475.314.

S.  “Primary Contact” means the person designated in the application who has authority to conduct business with the City on behalf of the applicant or licensee.

T.  “Processor” means the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts.

U.  “Produces” means the planting, cultivation, or growing of marijuana.

V.  “Sale” or “Sales” means any transfer, exchange or barter, in any manner or by any means, for consideration, and includes all sales made by any person including gifts for the purposes of advertising by marijuana businesses.

W.  “Research Certificate Holder” means any person authorized under Oregon law to receive marijuana items for the purpose of medical or public health and safety research.