N.D. Admin Code 33-44-01-12 - Restricted access areas

1. Except as provided in section 33-44-01-13, compassion center restricted access areas include:

a. All areas containing marijuana, usable marijuana, and medical marijuana waste.

b. All areas used for production and processing.

2. A compassion center shall use an electronic controlled access system to limit entrance to all restricted access areas of its facility.

a. An electronic controlled access system must:

(1) Limit access to authorized individuals.

(2) Track specific personnel entry and exit times.

(3) Lock down the facility in the event of a security threat.

(4) Store data for retrieval.

(5) Remain operable in the event of power failure.

(6) Enable remote administration.

b. A compassion center immediately shall submit stored controlled-access-system data to the department upon request.

c. Restricted access areas must be identified with a sign that states: "Do Not Enter -Restricted Access Area - Access Limited to Authorized Personnel Only."

3. Individuals authorized to enter restricted access areas include:

a. Compassion center agents;

b. Laboratory agents;

c. Authorized department personnel; and

d. Individuals accompanied by authorized department personnel.

4. A compassion center shall maintain documentation of access to restricted areas for individuals included in paragraphs b, c, and d of subsection 3. The documentation must include date of entry, time of entry, time of exit, name of individual, reason for access, and any other information required by the department. The documentation must be retained for at least three years.

5. Law enforcement, fire personnel, or emergency medical service professionals may enter restricted access areas in the event of an emergency requiring immediate action.

Notes

N.D. Admin Code 33-44-01-12

Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018. Amended by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.

General Authority: NDCC 19-24.1-25

Law Implemented: NDCC 19-24.1-25