Ariz. Admin. Code § R9-18-308 - Administration

A. A marijuana establishment shall:

1. Ensure that the marijuana establishment's retail site is operating and available to provide marijuana and marijuana products to consumers:

a. At least 30 hours weekly between the hours of 7:00 a.m. and 10:00 p.m.; and

b. Within 18 months after receiving the marijuana establishment license;

2. Develop, document, and implement policies and procedures regarding:

a. Job descriptions and employment contracts, including:

i. Personnel duties, authority, responsibilities, and qualifications; and

ii. Supervision;

b. Training of marijuana facility agents, including the requirements of A.R.S. Title 36, Chapter 28.2, and this Chapter;

c. Inventory control, including:

i. Tracking;

ii. Packaging;

iii. Acquiring marijuana or marijuana products from a dispensary or another marijuana establishment;

iv. Providing marijuana or marijuana products to another marijuana establishment or a dispensary; and

v. Either:

(1) Providing samples of marijuana or marijuana products to a marijuana testing facility for testing, or

(2) Allowing a marijuana facility agent associated with a marijuana testing facility access to marijuana or marijuana product to collect samples;

d. For a marijuana establishment that received the marijuana establishment license under A.R.S. § 36-2854(A)(1)(f), how the marijuana establishment will provide a benefit to one or more communities disproportionately affected by the enforcement of Arizona's previous marijuana laws, such as through:

i. Specific hiring or interning practices; or

ii. Donation of a percentage of gross profits to one or more non-profit, community-based organizations, not affiliated directly or indirectly with the marijuana establishment, that focus on social or health inequities in a community; and

d. e. Advertising that comply with the requirements in A.R.S. § 36-2859;

3. Maintain copies of the policies and procedures at the marijuana establishment's retail site and provide copies to the Department for review upon request;

4. Review marijuana establishment policies and procedures at least once every 12 months from the issue date of the marijuana establishment license and update as needed;

5. Ensure that all principal officers, board members, employees and volunteers providing services for the marijuana establishment maintain valid marijuana facility agent licenses with the Department and that the marijuana facility agent licenses are linked to the marijuana establishment through the Department's electronic system;

6. Ensure that each marijuana facility agent has the marijuana facility agent's license in the marijuana facility agent's immediate possession when the marijuana facility agent is:

a. Working or providing volunteer services at the marijuana establishment's retail site or the marijuana establishment's cultivation site or manufacturing site, or

b. Transporting marijuana for the marijuana establishment;

7. Not allow an individual who does not possess a marijuana facility agent license or who does not meet the requirements in A.R.S. § 36-2855(E) to:

a. Serve as a principal officer or board member for the marijuana establishment,

b. Be employed by the marijuana establishment, or

c. Provide volunteer services at or on behalf of the marijuana establishment;

8. Provide written notice to the Department, including the date of the event, within 10 working days after the date, when a marijuana facility agent no longer:

a. Serves as a principal officer or board member for the marijuana establishment,

b. Is employed by the marijuana establishment, or

c. Provides volunteer services at or on behalf of the marijuana establishment;

9. Document and report any loss or theft of marijuana or a marijuana product from the marijuana establishment's retail site, cultivation site, or manufacturing site to the appropriate law enforcement agency;

10. 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; and

11. Post the following information in a place that can be viewed by individuals entering the marijuana establishment's retail site:

a. If applicable, the marijuana establishment's approval to operate;

b. The marijuana establishment license;

c. 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," and

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

d. The hours of operation during which the marijuana establishment will sell or otherwise transfer marijuana or a marijuana product to a consumer.

B. If a marijuana establishment cultivates marijuana, the marijuana establishment shall cultivate the marijuana in a secure location according to R9-18-312.

Notes

Ariz. Admin. Code § R9-18-308

Adopted by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Amended by exempt rulemaking at 27 A.A.R. 897, effective 6/1/2021.