Ariz. Admin. Code § 9-17-310

Current through Register Vol. 30, No. 43, October 25, 2024

Section R9-17-310 - Administration

A. A dispensary shall:

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:

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;

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);

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;

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. Except as provided in R9-17-324(C), employ or contract with a medical director;

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:

a. Working or providing volunteer services at the dispensary or the dispensary's cultivation site, or

b. Transporting marijuana for the dispensary;

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;

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:

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;

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:

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;

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;

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;

13. Post the following information in a place that can be viewed by individuals entering 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

14. Except as provided in R9-17-324(C):

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.

Ariz. Admin. Code § R9-17-310

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by final rulemaking at 18 A.A.R. 3354, with an immediate effective date of December 5, 2012 (Supp. 12-4). Amended by final rulemaking at 18 A.A.R. 3354, with an immediate effective date of December 5, 2012 (Supp. 12-4). Amended by final rulemaking at 23 A.A.R. 970, effective 6/6/2017. Amended by final exempt rulemaking at 25 A.A.R. 2421, effective 8/27/2019. Amended by final exempt rulemaking at 26 A.A.R. 734, effective 4/2/2020. Amended by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Amended by exempt rulemaking at 27 A.A.R. 747, effective 5/3/2021. Amended by final expedited rulemaking at 28 A.A.R. 2562, effective 9/8/2022. Amended by final rulemaking at 29 A.A.R. 2396, effective 10/1/2023.