Md. Code Regs. 14.17.12.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.17.12.02 - Standard Cannabis Dispensary

A. A dispensary licensed under COMAR 14.17.06.08 shall:

(1) Be located in Maryland;

(2) Conform to all local zoning and planning requirements;

(3) Conspicuously display valid proof of dispensary licensure; and

(4) Provide accommodations for qualifying patients and registered caregivers in accordance with COMAR 14.17.04.05.

B. A dispensary may not make modifications or renovations to the standard dispensary premises licensed under COMAR 14.17.06.08 without the prior approval of Maryland Cannabis Administration.

C. The Administration may require a dispensary licensed under this regulation to conspicuously display:

(1) Minimum purchase age and identification requirements; and

(2) Other information related to health and safety provided by the Administration.

D. Any display required by the Administration under §C of this regulation shall be in a manner and size determined by the Administration.

E. A dispensary shall restrict access to the licensed premises to only:

(1) Qualifying patients;

(2) Registered caregivers; and

(3) Individuals 21 years old or older.

F. Notwithstanding §E of this regulation, a dispensary may allow children younger than 8 years old to enter the licensed premises if they are accompanied for the duration of their visit by a:

(1) Qualifying patient; or

(2) Registered caregiver.

G. A standard dispensary premises shall:

(1) Be constructed to prevent unauthorized entry; and

(2) Contain a secure room to store the cannabis inventory, which:

(a) Shall be constructed of concrete or similar building material that prevents unauthorized entry;

(b) May not be placed adjacent to an exterior wall of the premises; and

(c) Shall have only one entrance door that:

(i) Prevents unauthorized entry;

(ii) Is equipped with a cipher or chip-activated keyed lock or equivalent; and

(iii) Is not visible from public areas of the premises.

H. A dispensary shall store its cannabis inventory in the secure room other than while the licensed dispensary is open for business and 2 hours before and 2 hours after.

I. A dispensary may request an exemption to §H of this regulation for the purposes of conducting inventory review. Requests for an exemption shall be:

(1) Made in a manner prescribed by the Administration; and

(2) Explicitly authorized by the Administration prior to the exemption.

J. The licensed dispensary shall design and install lighting fixtures to ensure proper surveillance.

K. Security Alarm Systems.

(1) A dispensary shall maintain a security alarm system that covers all:

(a) Perimeter entry points and portals at all premises;

(b) Rooms that hold cannabis;

(c) Locations where records are stored on-site; and

(d) Locations where records are stored off-site.

(2) A security system shall:

(a) Be continuously monitored;

(b) Be capable of detecting smoke and fire;

(c) Be capable of detecting power loss;

(d) Include panic alarm devices mounted at convenient, readily accessible locations throughout the licensed premises;

(e) Remain operational until a licensed premises no longer has any cannabis, seeds, or cuttings on the premises; and

(f) Be equipped with auxiliary power sufficient to maintain operation for at least 48 hours.

L. Video Surveillance Requirements.

(1) A dispensary shall maintain a motion-activated video surveillance recording system at all premises that:

(a) Records all activity in images of high quality and high resolution capable of clearly revealing facial detail;

(b) Operates 24-hours a day, 365 days a year without interruption; and

(c) Provides a date and time stamp for every recorded frame.

(2) A dispensary shall post appropriate notices advising visitors of the video surveillance.

(3) A surveillance camera shall be located and operated to capture each exit from the premises.

(4) A surveillance camera shall capture activity at each:

(a) Entrance to an area where cannabis is packaged, stored, or dispensed; and

(b) Area where cannabis is packaged, stored, or dispensed.

(5) Recordings of security video surveillance shall be:

(a) Access-limited;

(b) Secured by a security alarm system that is independent of the main premises security alarm system;

(c) In a format that can be easily accessed for investigational purposes; and

(d) Retained for a minimum of 90 calendar days.

(6) Any recording of security video surveillance shall be made available to the Administration or law enforcement agency for just cause as requested within 48 hours.

(7) Violation.

(a) Failure to provide the Administration with any recording of video surveillance within 48 hours of a request from the Administration is a violation of COMAR 14.17.14.04.

(b) Each day of recording within the timeframe stated in §L(5)(d) that a dispensary fails to provide to the Administration constitutes a separate violation.

M. Standard Dispensary Premises Organization.

(1) A dispensary premises shall be divided into a public zone and an operations zone.

(2) Public Zone.

(a) The public zone shall have:

(i) A waiting area open to the general public; and

(ii) A service area in which an adult-use consumer, qualifying patient, or caregiver may consult with a dispensary agent and receive cannabis.

(b) The dispensary shall restrict entry into the service area to verified adult-use consumers, qualifying patients, and registered caregivers.

(3) Operations Zone.

(a) All operations other than consulting with adult-use consumers, qualifying patients, and registered caregivers and dispensing cannabis shall be carried out in the operations zone.

(b) The operations zone shall be appropriately divided into separate areas for:

(i) Cannabis storage;

(ii) Cannabis preparation and packaging;

(iii) Use by dispensary agents for breaks; and

(iv) Changing clothing and dispensary agent lockers.

(c) Tamper-evident logbooks or electronic identification logs shall document the movement of persons to and from the operations zone.

(4) Appropriate signage shall clearly delineate the separate zones.

(5) Doors and other access points between zones shall be secured.

(6) Security alarms systems and video surveillance, as described in §§K and L of this regulation, shall be used to monitor the separation between zones.

(7) All cannabis, other than that being displayed, packaged, or dispensed during business hours, shall be kept in a secure room.

(8) No individual other than a dispensary agent may handle the inventory in a display case or elsewhere in the dispensary until dispensed.

N. Visitors.

(1) When a visitor is admitted to the operations zone of the premises, a registered dispensary agent shall:

(a) Log the visitor in and out;

(b) Retain with the log a photocopy of the visitor's government-issued identification;

(c) Continuously, physically supervise the visitor while they are on the premises; and

(d) Ensure that the visitor does not touch any cannabis.

(2) The dispensary shall maintain a log of all visitors to the operations zone for 2 years.

(3) An Administration investigator is not subject to the visitor requirements in this section.

O. To provide drive-through dispensing services, a standard dispensary shall:

(1) Dispense through a window or other opening in the exterior wall of a dispensary that enables a registered dispensary agent to serve an adult-use consumer, a qualifying patient, or a registered caregiver who drives a vehicle to the dispensary without a:

(a) Registered dispensary agent leaving the dispensary service area; or

(b) Qualifying patient, registered caregiver, or adult-use consumer leaving their vehicle;

(2) Pass a pre-operation inspection before use;

(3) Meet all other requirements for a dispensary service area, including:

(a) The window or opening in the exterior wall shall be constructed to prevent unauthorized entry;

(b) Security lighting, alarms systems, and video surveillance, as described in this regulation;

(c) Displaying the licensed dispensary's license and hours of operation at the entrance to the drive-through dispensing zone; and

(d) Secured doors and other access points between public and operations zones; and

(4) Adhere to its standard operating procedures and requirements for dispensing cannabis established in Regulation .04 of this chapter.

P. To provide curbside pick-up, a standard dispensary shall:

(1) Designate curbside pick-up parking spots within 100 feet from the dispensary's main entrance and ensure that dispensary agents only deliver cannabis or cannabis products to the designated parking spots;

(2) Capture the on-site delivery on its motion-activated video surveillance recording system as required in §L of this regulation;

(3) Adhere to:

(a) Its standard operating procedures;

(b) Dispensing requirements in Regulation .04 of this chapter; and

(c) If fulfilling an online order, Regulation .08 of this chapter.

Md. Code Regs. 14.17.12.02

Regulation .02 adopted effective 50:14 Md. R. 559, eff. 7/1/2023 (EMERGENCY); adopted effective 51:14 Md. R. 676, eff. 6/7/2024, exp. 8/31/2024 (Emergency); adopted effective 51:14 Md. R. 678, eff. 7/22/2024.