R9-17-310. Administration

R9-17-310. Administration 2017-02-04T07:32:59+00:00

A. A dispensary shall:

1. Ensure that the dispensary is operating and available to dispense medical marijuana to qualifying patients and designated caregivers at least 30 hours weekly between the hours of 7:00 a.m. and 10:00 p.m.;

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 from other dispensaries; and

v. Disposing of unusable marijuana, which may include submitting any unusable marijuana to a local law enforcement agency;

d. Qualifying patient records, including purchases, denials of sale, any delivery options, confidentiality, and retention;

e. Patient education and support, including:

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. Methods of tracking the effects on a qualifying patient of different strains and forms of marijuana; and

iv. 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. Review dispensary policies and procedures at least once every 12 months from the issue date of the dispensary registration certificate and update as needed;

5. Employ or contract with a medical director;

6. Ensure that each dispensary agent has the dispensary agent’s registry identification card in the dispensary agent’s immediate possession when the dispensary agent:

a. Is working or providing volunteer services at the dispensary or the dispensary’s cultivation site, or

b. Is transporting marijuana for the dispensary;

7. Ensure that a dispensary agent accompanies any individual other than another dispensary agent associated with the dispensary when the individual is present in the enclosed, locked facility where marijuana is cultivated by the dispensary;

8. Not allow an individual who does not possess a dispensary agent registry identification card issued under the dispensary registration certificate 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;

9. Provide written notice to the Department, including the date of the event, within ten working days after the date, when a dispensary agent 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;

10. Document and report any loss or theft of marijuana from the dispensary to the appropriate law enforcement agency;

11. 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. 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. The name of the dispensary’s medical director and the medical director’s license number on a sign at least 20 centimeters by 30 centimeters, and

d. The hours of operation during which the dispensary will dispense medical marijuana to a qualifying patient or a designated caregiver;

13. Not lend any part of the dispensary’s income or property without receiving adequate security and a reasonable rate of interest;

14. Not purchase property for more than adequate consideration in money or cash equivalent;

15. Not pay compensation for salaries or other compensation for personal services that is in excess of a reasonable allowance;

16. Not sell any part of the dispensary’s property or equipment for less than adequate consideration in money or cash equivalent; and

17. 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.

This is an unofficial version of the Medical Marijuana Program rules. At this time, ADHS does not anticipate making substantive changes to these rules before they are filed with the Office of the Secretary of State. However, technical, organizational, and grammatical changes may be made. The official copy will be posted on www.azsos.gov when filed.