Current through September, 2024
Section 11-850-33 - Retail dispensing locations(a) Not less than sixty days prior to opening a licensed retail dispensing location for business, a dispensary licensee shall provide the department with the address, tax map key number, and a copy of the premises title or lease, as applicable, of the proposed location of that retail dispensing location and allow the department to inspect the premises to determine the dispensary's ability to comply with the requirements of this chapter and chapter 329D, HRS.(b) Until the department approves its facility and the licensee pays the fee calculated by the department in accordance with section 11-850-28(f), the retail dispensing location shall not possess or dispense cannabis or manufactured cannabis products.(c) Retail dispensing locations shall: (1) Remain locked at all times;(2) Not be open for dispensing before 8:00 a.m. or after 8:00 p.m., Hawaii-Aleutian Standard Time, Monday through Sunday;(3) Be in an enclosed indoor facility;(4) Be accessible to authorized individuals only as identified in this chapter;(5) Maintain a twenty-four hour security system pursuant to this chapter;(6) Require a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient to present a valid government-issued photo identification and a valid medical use of cannabis registration card issued by the department pursuant to chapter 329, HRS, before entering the premises;(7) Record the name and entry and exit date and time of all persons entering the retail dispensing location in accordance with subsection 11-850-51 (a) (5);(8) Display a copy of the current, valid dispensary license, current, valid narcotics enforcement division certificate, and any other required permits or licenses at all times;(9) Store all cannabis or manufactured cannabis products behind a counter or other barrier to ensure that a qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient does not have direct access to the product prior to sale.(d) Retail dispensing locations shall not:(1) Provide free samples of cannabis or manufactured cannabis products;(2) Make available for sale or as gifts or premiums any supplies or paraphernalia that provide for the use of medical cannabis in smokable or inhalable form, except for devices that provide safe pulmonary administration pursuant to subsection 11-850-72 (a) (4) to (5);(3) Dispense cannabis or manufactured cannabis products to a qualifying patient or qualifying out-of-state patient who is under the age of eighteen years; or(4) Allow the entry of animals, except for service animals as defined in section 347-2.5, HRS.[Eff DEC 14 2015] (Auth: HRS §§ 321-9, 329D-27) (Imp: HRS §§ 329D-2, 329D-6, 329D-7)[Am and comp 2/24/2022] (Auth: HRS § 329D-7) (Imp: HRS § 329-122, SLH 2017, Act 170, §3)Am and comp 11/17/2022] (Auth: HRS §§ 321-9, 329D-7, 329D-27) (Imp: HRS §§ 329-122, 329D-2, 329D-6, 329D-7; SLH 2017, Act 170, §3)