Section 21a-408-36 - Dispensary facility prohibitions(a) No dispensary department shall be open or in operation, and no person shall be in the dispensary department, unless a dispensary is present and directly supervising the activity within the dispensary department. At all other times, the dispensary department shall be closed and properly secured, in accordance with sections 21a-408-53 and 21a-408-64 of the Regulations of Connecticut State Agencies.(b) No marijuana shall be applied, ingested, or consumed inside a dispensary facility.(c) No food or beverages shall be consumed by qualifying patients or primary caregivers at the dispensary facility, except that complimentary food and non-alcoholic beverages may be available for qualifying patients and primary caregivers who are at the dispensary facility for a pre-scheduled education, counseling or therapy program.(d) No person, except for a qualifying patient or primary caregiver, shall open or break the seal placed on a marijuana product packaged by a producer except that a dispensary may remove marijuana from a child-resistant container or package under the conditions set forth in section 21a-408-35(e) of the Regulations of Connecticut State Agencies.(e) Except as provided in subsection (f) of this section, no person, except a dispensary facility employee, or a production facility employee who is delivering marijuana products, shall be allowed on the premises of a dispensary facility without a qualifying patient or primary caregiver registration certificate issued by the department.(f)(1) Upon prior written request, the commissioner may waive the provisions of subsection (e) of this section.(2) All persons not permitted on the premises of a dispensary facility pursuant to subsection (e) of this section, but who have been authorized, in writing, to enter the facility by the commissioner shall obtain a visitor identification badge from a dispensary facility employee, prior to entering the dispensary facility. A dispensary or dispensary technician shall escort and monitor such a visitor at all times the visitor is in the dispensary department. A visitor shall visibly display the visitor identification badge at all times the visitor is in the dispensary facility and shall return the visitor identification badge to a dispensary facility employee upon exiting the dispensary facility.(3) All visitors shall log in and out. The dispensary facility shall maintain the visitor log, which shall include the date, time, company affiliation if applicable and purpose of the visit and which shall be available to the commissioner in accordance with section 21a-408-72 of the Regulations of Connecticut State Agencies.(4) If an emergency requires the presence of a visitor and makes it impractical for the dispensary facility to obtain a waiver pursuant to subdivision (1) of this subsection, the dispensary facility shall provide written notice to the commissioner as soon as practicable after the onset of the emergency. Such notice shall include the name and company affiliation of the visitor, the purpose of the visit, and the date and time of the visit. A dispensary facility shall monitor the visitor and maintain a log of such visit as required by this subsection.(g) No person associated with a dispensary facility shall enter into any agreement with a certifying physician, APRN or health care facility concerning the provision of services or equipment that may adversely affect any person's freedom to choose the dispensary facility at which the qualifying patient or primary caregiver will purchase marijuana, except that such prohibition shall not apply to an approved research program.(h) No marijuana shall be sold, dispensed or distributed via a delivery service or any other manner outside of a dispensary facility, except that a primary caregiver may deliver marijuana to the caregiver's qualified patient and a dispensary facility employee may deliver to a hospice or other inpatient care facility licensed by the Department of Public Health that has a protocol for handling and distributing marijuana that has been approved by the department.(i) Notwithstanding the requirements of sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies, members of the department may enter any area of a dispensary facility if necessary to perform their governmental duties.Conn. Agencies Regs. § 21a-408-36
Effective September 6, 2013; amended 8/28/2018