Ariz. Admin. Code § 9-18-308

Current through Register Vol. 30, No. 50, December 13, 2024

Section 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, and

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

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 marijuana establishment, as specified in R9-18-311(B)(1);

iii. The process for collecting samples of marijuana or a marijuana product for laboratory testing, according to R9-18-311(B)(2), 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 specifying the analytes to be tested for, consistent with R9-18-311(A), and 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;

v. The process for requesting retesting of the remaining portion of a sample of 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 marijuana or marijuana product can be remediated;

ii. The process by which each type of marijuana or marijuana product is remediated, including the methods for remediation and subsequent retesting; and

iii. Documentation of the remediation process;

f. Disposal of 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, as defined in A.R.S. § 36-2801, 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 marijuana facility agent overseeing the disposal, and the date of disposal;

g. 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;

h. Advertising that complies with the requirements in A.R.S. § 36-2859;

i. Labeling of marijuana or a marijuana product provided by the marijuana establishment's retail site to a consumer, consistent with subsection (A)(13) and R9-18-310(A)(2); and

j. If applicable, delivery to a consumer, including:

i. The process for taking an order from a consumer for delivery of marijuana, marijuana plants, or marijuana products;

ii. Ensuring that only marijuana facility agents associated with the marijuana establishment transport marijuana, marijuana plants, or marijuana products for delivery to a consumer;

iii. What to do if a vehicle transporting marijuana, marijuana plants, or marijuana products for delivery to a consumer breaks down or is in a traffic accident;

iv. How to update a trip plan, as required in R9-18-312(F)(1), if the wrong item is delivered, the marijuana facility agent cannot verify that an individual wanting to accept delivery is the ordering consumer and eligible to receive delivery, or any other event occurs that may require a change to the trip plan; and

v. Requiring the marijuana facility agent transporting marijuana, marijuana plants, or marijuana products for delivery to a consumer to return to the marijuana establishment's retail site if any marijuana, marijuana plants, or marijuana products remain in the vehicle at the completion of the trip plan specified according to R9-18-312(D)(1);

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. Maintain at the marijuana establishment current and valid documentation of any certificate or permit issued by a local jurisdiction related to the operation of the marijuana establishment and provide copies to the Department for review upon request;

5. 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;

6. 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;

7. Ensure that no principal officer or board member:

a. Has a direct or indirect familial or financial relationship with a marijuana testing facility, or

b. Had or has an ownership interest in a licensed marijuana business that had the license revoked in another state;

8. 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;

9. 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;

10. 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;

11. Provide written notice, in a Department-provided format, to the Department, including the date of the event, within 10 working days after the date that the marijuana establishment:

a. Ceases to use a cultivation site or manufacturing site specified according to R9-18-306(C); or

b. Discontinues an activity specified in R9-18-306(C)(1)(i), (j), or (k);

12. 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;

13. Maintain the quick response code link and webpage required in R9-18-310(A)(2)(h), as specified in policies and procedures, for at least 30 calendar days after the last date the marijuana establishment's retail site provides the marijuana or marijuana product to which the quick response code link and webpage pertain;

14. 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

15. 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.

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. Amended by exempt rulemaking at 29 A.A.R. 2453, effective 10/1/2023. Amended by exempt rulemaking at 30 A.A.R. 3451, effective 11/1/2024.