Ariz. Admin. Code § R9-17-310 - Administration
A. A dispensary
shall:
4.5. Review dispensary
policies and procedures at least once every 12 months from the issue date of
the dispensary registration certificate and update as needed;
6.7. Ensure that each
dispensary agent or marijuana facility agent associated with the dispensary has
the applicable registry identification card or marijuana facility agent license
in the dispensary agent's or marijuana facility agent's immediate possession
when the dispensary agent or marijuana facility agent is:
7.8. Ensure that a
dispensary agent or marijuana facility agent associated with the dispensary
accompanies any individual other than another dispensary agent or marijuana
facility agent associated with the dispensary when the individual is present in
the enclosed, locked facility where marijuana is cultivated by the
dispensary;
8.9. Not allow an
individual who does not possess a dispensary agent registry identification card
issued under the dispensary registration certificate or marijuana facility
agent license associated with the dispensary to:
9.10. Provide written
notice to the Department, including the date of the event, within 10 working
days after the date, when a dispensary agent or marijuana facility agent
associated with the dispensary no longer:
10.11.
Document and report any loss or theft of marijuana from the dispensary or the
dispensary's cultivation site to the appropriate law enforcement
agency;
11.12. Maintain copies of
any documentation required in this Chapter for at least 12 months after the
date on the documentation and provide copies of the documentation to the
Department for review upon request;
12.13. Post the following
information in a place that can be viewed by individuals entering the
dispensary:
13.14. Except as provided
in R9-17-324(C):
1. Ensure that the dispensary is
operating and available to dispense medical marijuana and marijuana products to
qualifying patients and designated caregivers:
a. At least 30 hours weekly between the hours
of 7:00 a.m. and 10:00 p.m.; and
b.
For a dispensary with a dispensary registration certificate issued on or after
April 1, 2020:
i. At the location specified
according to
R9-17-304(C)(1)(b),
and
ii. Within 18 months after
receiving the dispensary registration
certificate;
2.
Develop, document, and implement policies and procedures regarding:
a. Job descriptions and employment contracts,
including:
i. Personnel duties, authority,
responsibilities, and qualifications;
ii. Personnel supervision;
iii. Training in and adherence to
confidentiality requirements;
iv.
Periodic performance evaluations; and
v. Disciplinary actions;
b. Business records, such as manual or
computerized records of assets and liabilities, monetary transactions,
journals, ledgers, and supporting documents, including agreements, checks,
invoices, and vouchers;
c.
Inventory control, including:
i.
Tracking;
ii. Packaging;
iii. Accepting marijuana from qualifying
patients and designated caregivers;
iv. Acquiring marijuana or marijuana products
from a marijuana establishment or another dispensary;
v. Providing marijuana or marijuana products
to a marijuana establishment or another dispensary; and
vi. Either:
(1) Providing samples of marijuana or
marijuana products to a laboratory for testing, or
(2) Allowing a laboratory agent access to
medical marijuana or marijuana product to collect samples;
d. Laboratory testing, including:
vi.iv.
The process for submitting a sample of medical marijuana or a marijuana product
to a laboratory agent or laboratory for testing, including specifying the
analytes to be tested for consistent with
R9-17-317.01(A);
i. The analytes, including possible
contaminants, to be tested for;
ii.
The process for separating a batch of marijuana or of a marijuana product until
laboratory testing has been completed and testing results received by the
dispensary;
iii. The process for
collecting samples of medical marijuana or a marijuana product for laboratory
testing, including:
(1) The amount to be
collected from each batch,
(2) The
method for ensuring that a sample collected is representative of the
batch,
(3) The packaging of the
sample,
(4) The method for
documenting chain of custody for the sample, and
(5) Methods to deter tampering with the
sample and to determine whether tampering has occurred;
v. The process for requesting retesting of
the remaining portion of a sample of medical marijuana or a marijuana product;
and
vi. Actions to be taken on the
basis of laboratory testing results;
e. Remediation, including:
i. Criteria for when a batch of medical
marijuana or marijuana product can be remediated;
ii. The process by which each type of medical
marijuana or marijuana product is remediated, including the methods for
remediation and subsequent retesting; and
iii. Documentation of the remediation
process;
f. Disposal of
medical marijuana or a marijuana product, including:
i. Destroying a batch of marijuana or a
marijuana product that does not meet the requirements in Table 3.1 and
documenting the destruction;
ii.
Submitting marijuana that is not usable marijuana to a local law enforcement
agency and documenting the submission; or
iii. Otherwise disposing of marijuana or a
marijuana product such that the marijuana or marijuana product is
unrecognizable or cannot otherwise be used and documenting the method of
disposal, the dispensary agent overseeing the disposal, and the date of
disposal;
g. Qualifying
patient records, including purchases, denials of sale, any delivery options,
confidentiality, and retention; and
h. Patient education and support, including
the development and distribution of materials on:
i. Availability of different strains of
marijuana and the purported effects of the different strains;
ii. Information about the purported
effectiveness of various methods, forms, and routes of medical marijuana
administration;
iii. Information
about laboratory testing, the analytes for which the dispensary receives
testing results, the right to receive a copy of the final report of testing
specified in
R9-17-404.06 upon request, and how
to read and understand the final report of testing;
iv. Methods of tracking the effects on a
qualifying patient of different strains and forms of marijuana; and
v. Prohibition on the smoking of medical
marijuana in public places;
3. Maintain copies of the policies and
procedures at the dispensary and provide copies to the Department for review
upon request;
4. Maintain at the
dispensary current and valid documentation of any certificate or permit issued
by a local jurisdiction related to the operation of the dispensary or the
dispensary's cultivation site and provide copies to the Department for review
upon request;
a. Working or providing volunteer services at
the dispensary or the dispensary's cultivation site, or
b. Transporting marijuana for the
dispensary;
a. Serve as a principal officer or board
member for the dispensary,
b. Serve
as the medical director for the dispensary,
c. Be employed by the dispensary,
or
d. Provide volunteer services at
or on behalf of the dispensary;
a.
Serves as a principal officer or board member for the dispensary,
b. Serves as the medical director for the
dispensary,
c. Is employed by the
dispensary, or
d. Provides
volunteer services at or on behalf of the dispensary;
a. If applicable, the dispensary's
approval to operate;
b. The
dispensary's registration certificate;
c. Except as provided in
R9-17-324(C), the
name of the dispensary's medical director and the medical director's
professional license number on a sign at least 20 centimeters by 30
centimeters;
d. The hours of
operation during which the dispensary will dispense medical marijuana to a
qualifying patient or a designated caregiver;
e. A sign in a Department-provided format
that contains the following language:
i.
"WARNING: There may be potential dangers to fetuses caused by smoking or
ingesting marijuana while pregnant or to infants while breastfeeding,"
an
ii. "WARNING: Use of marijuana
during pregnancy may result in a risk of being reported to the Department of
Child Safety during pregnancy or at the birth of the child by persons who are
required to report;" and
f. A sign stating that a qualifying patient
has the right to receive the results of laboratory testing of medical marijuana
or a marijuana product; and
a. Not lend any part of the dispensary's
income or property without receiving adequate security and a reasonable rate of
interest,
b. Not purchase property
for more than adequate consideration in money or cash equivalent,
c. Not pay compensation for salaries or other
compensation for personal services that is in excess of a reasonable
allowance,
d. Not sell any part of
the dispensary's property or equipment for less than adequate consideration in
money or cash equivalent, and
e.
Not engage in any other transaction that results in a substantial diversion of
the dispensary's income or property.
B. If a dispensary cultivates marijuana, the
dispensary shall cultivate the marijuana in an enclosed, locked
facility.
Notes
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