Dispensing sites must comply with the following:
Premises. A "dispensing
site" as defined in Chapter 1 of these Rules may consist of a stand-alone
building or occupy dedicated exclusive space within a multi-use structure,
strip mall or other such retail facility, except that a dispensing site may not
occupy space within the same multi-use structure, strip mall or other such
retail facility as a certifying physician or another licensee. To the extent
that the dispensing site occupies space within a multi-use structure, strip
mall or other retail facility, the licensee must provide a verified plan
demonstrating that the space is reasonably secure from outside intrusion and
that the safety and privacy of patients and caregivers is fully supported and
monitored at all times during their visits to the dispensary (including in the
parking area outside the dispensing site, see 538-X-8-.O4-2). Other facilities
owned or leased and operated by a dispensary, such as a business office and a
warehouse, shall not be deemed a dispensing site, provided that no medical
cannabis products are offered for sale at such facilities.
Parking lot. To the
extent that a dispensing site is housed in a stand-alone building, a dispensary
must maintain a parking area adjacent to its structure that shall be for the
exclusive use of patients and caregivers seeking to purchase medical cannabis
and related equipment and supplies; the parking area must be designed to
provide reasonable privacy to those individuals in their ingress and egress
from the dispensing site. Alternatively, if an exclusive parking area is not
feasible for the stand-alone dispensary site, the dispensary must maintain for
the exclusive use of patients and caregivers a designated portion of the
parking area that is situated conveniently to the dispensing site, and which
may be monitored and supported for the reasonable safety and security of
customer patients and caregivers. To the extent that a dispensing site is
housed in a multi-use structure, strip mall or other such retail facility, the
dispensary must maintain for the exclusive use of patients and caregivers a
designated portion of the parking area that is situated conveniently to the
dispensing site, and which may be monitored and supported for the reasonable
safety and security of customer patients and caregivers.
Restricted Proximity to School,
Daycare or Childcare Facility
The location of any dispensing site must be at least 1000 feet from any school,
day care, or childcare facility.
For purposes of paragraph 3.a. of this
Rule, the following terms have the following meanings:
1. "At Least One Thousand Feet" shall mean at
least one thousand feet in a straight line from the property line of the
dispensing site premises to the property line of the school, daycare or
childcare facility, measured at the nearest possible point between the
2. "School, Daycare or
Childcare Facility" shall mean the real property on which a public or private
school for students in any grade K-12 (not including a residence in which
school- age children are being home-schooled) has actively operated within the
last six months, or the real property on which a licensed daycare or childcare
facility has actively operated within the last six months.
3. "Premises" shall mean a stand-alone
structure housing a dispensing site, all portions of the real property where a
dispensing site operates, including but not limited to the parking lot and any
peripheral space outside the structure housing the dispensing site.
Site Prohibited in the Absence of Authorizing local Resolution or
Ordinance. A dispensing site may not operate in the unincorporated
area of a county or in a municipality that has not adopted a resolution or
ordinance authorizing the operation of dispensing sites under §
Code of Ala. 1975
, (as amended).
Ala. Admin. Code r.
Administrative Monthly Volume XL, Issue No. 11, August 31, 2022,
Author: William H. Webster
Code of Ala.