Ariz. Admin. Code § 9-17-318

Current through Register Vol. 30, No. 35, August 30, 2024

Section R9-17-318 - Security

A. A dispensary shall ensure that access into areas of the dispensary or the dispensary's cultivation site where marijuana is cultivated, processed, as defined in A.R.S. § 36-2850, manufactured, or stored is limited to the dispensary's principal officers, board members, and authorized individuals, unless the individual is supervised by an individual authorized according to subsection (G)(2)(a).

B. A dispensary agent may transport marijuana, marijuana plants, marijuana products, and marijuana paraphernalia between the dispensary and:

1. The dispensary's cultivation site,

2. A qualifying patient,

3. Another dispensary,

4. A marijuana establishment licensed according to 9 A.A.C. 18, and

5. A laboratory that has a laboratory registration certificate issued by the Department.

C. Before transportation, a dispensary agent shall:

1. Complete a trip plan that includes:

a. The name of the dispensary agent in charge of transporting the marijuana;

b. The date and start time of the trip;

c. A description of the marijuana, marijuana plants, marijuana products, or marijuana paraphernalia being transported;

d. Any anticipated stops during the trip, including the locations of the stops and arrival time and departure time for each location; and

e. The anticipated route of transportation; and

2. Provide a copy of the trip plan in subsection (C)(1) to the dispensary.

D. During transportation, a dispensary agent shall:

1. Carry a copy of the trip plan in subsection (C)(1) with the dispensary agent for the duration of the trip;

2. Use a vehicle:

a. Without any marijuana identification;

b. Equipped with a global positioning system or other means of tracking the location of the vehicle;

c. With an operational video surveillance system and recording equipment that:

i. Shows the interior of the vehicle, including the driver's seat and location of the marijuana, marijuana plants, marijuana products, or marijuana paraphernalia being transported;

ii. Is turned on for the duration of a trip while medical marijuana or a marijuana product is in the vehicle; and

iii. Either stores the recording for at least 30 calendar days or transmits the recorded images at the time of recording to another location, where the recorded images are stored for at least 30 calendar days; and

d. With a locked compartment in which any marijuana or marijuana products being transported may be stored during a trip;

3. Have a means of communication with the dispensary;

4. Notate the arrival time and departure time for each stop; and

5. Ensure that the marijuana, marijuana plants, marijuana products, or marijuana paraphernalia are stored in the locked compartment specified in subsection (D)(2)(d) and are not visible.

E. After transportation, a dispensary agent shall enter the end time of the trip and any changes to the trip plan on the trip plan required in subsection (C)(1).

F. A dispensary shall:

1. Maintain the documents required in subsection (C)(2) and (E) for at least two years after the date of the documentation;

2. If transporting a sample to a laboratory for testing, provide a copy of the trip plan to the laboratory; and

3. Provide a copy of the documents required in subsection (C)(2) and (E) to the Department for review upon request.

G. To prevent unauthorized access to medical marijuana at the dispensary and, if applicable, the dispensary's cultivation site, the dispensary shall have the following:

1. Security equipment to deter and prevent unauthorized entrance into limited access areas that include:

a. Devices or a series of devices to detect unauthorized intrusion, which may include a signal system interconnected with a radio frequency method, such as cellular, private radio signals, or other mechanical or electronic device;

b. Exterior lighting to facilitate surveillance;

c. Electronic monitoring including:

i. At least one 19-inch or greater call-up monitor;

ii. A printer capable of immediately producing a clear still photo from any video camera image;

iii. Video cameras:

(1) Providing coverage of all entrances to and exits from limited access areas and all entrances to and exits from the building, capable of identifying any activity occurring in or adjacent to the building; and

(2) Having a recording resolution of at least 704 x 480 or the equivalent;

iv. A video camera at each point of sale location allowing for the identification of any qualifying patient or designated caregiver purchasing medical marijuana;

v. A video camera in each grow room capable of identifying any activity occurring within the grow room in low light conditions;

vi. Storage of video recordings from the video cameras for at least 30 calendar days;

vii. A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system; and

viii. Sufficient battery backup for video cameras and recording equipment to support at least five minutes of recording in the event of a power outage; and

d. Panic buttons in the interior of each building; and

2. Policies and procedures:

a. That provide for the identification of authorized individuals;

b. That deter unauthorized removal of marijuana or marijuana products from the premises, including:

i. Restricting access to the areas of the dispensary that contain marijuana and, if applicable, the dispensary's cultivation site to authorized individuals only; and

ii. Ensuring that an individual other than an authorized individual is supervised by an authorized individual when in an area specified in subsection (G)(2)(b)(i);

c. That prevent loitering;

d. For conducting electronic monitoring; and

e. For the use of a panic button.

Ariz. Admin. Code § R9-17-318

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by final exempt rulemaking at 25 A.A.R. 2421, effective 8/27/2019. Amended by exempt rulemaking at 27 A.A.R. 747, effective 5/3/2021. Amended by final rulemaking at 29 A.A.R. 2396, effective 10/1/2023.