Md. Code Regs. 14.17.12.03

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

Section 14.17.12.03 - Micro Dispensary

A. A micro dispensary may store its inventory in:

(1) A storage facility that it controls and operates, in accordance with §C of this regulation;

(2) A storage facility controlled and operated by a licensed grower, processor, or incubator space, in accordance with §C of this regulation; or

(3) A storage facility controlled and operated by a licensed standard dispensary, in accordance with Regulation .02 of this chapter.

B. A micro dispensary shall ensure any cannabis or cannabis product has been transferred within the seed-to-sale tracking system to the control of the micro dispensary as prescribed in COMAR 14.17.09.03 prior to:

(1) Any delivery of the cannabis or cannabis product;

(2) Any transportation of the cannabis or cannabis product to a storage facility; and

(3) Any receipt of cannabis or cannabis product to a storage facility.

C. If a micro dispensary operates its own storage facility, the micro dispensary shall adhere to the following requirements:

(1) The storage facility shall:

(a) Be located in Maryland;

(b) Maintain relevant and current building codes and standards;

(c) Be constructed to prevent unauthorized entry;

(d) In areas where cannabis is stored, provide adequate lighting, ventilation, temperature, humidity, space, and equipment to maintain product quality;

(e) Be maintained in a clean and orderly condition; and

(f) Be free from infestation by insects, rodents, birds, and pests of any kind.

(2) The micro dispensary shall:

(a) Prohibit access to the storage facility to anyone other than:

(i) The micro dispensary owner;

(ii) The micro dispensary agents; and

(iii) If applicable, the owner and agents of the licensee that controls or operates the storage facility;

(b) Ensure the storage facility is securely locked and protected from entry, except for the actual time required to remove, replace, or repackage cannabis;

(c) Design and install lighting fixtures to ensure proper surveillance;

(d) Maintain a security alarm system that covers all:

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

(ii) Rooms that hold cannabis;

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

(iv) Locations where records are stored off-site;

(e) Ensure that the security system in §C(2)(d) of this regulation shall:

(i) Be continuously monitored;

(ii) Be capable of detecting smoke and fire;

(iii) Be capable of detecting power loss;

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

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

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

(f) Maintain a motion-activated video surveillance recording system that:

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

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

(iii) Provides a date and time stamp for every recorded frame;

(iv) Shall capture activity at each area and entrance to an area where cannabis is packaged, stored, or prepared for transport; and

(g) Keep all locks and security equipment, including video surveillance and alarm systems, in good working order.

D. Delivery Operations.

(1) A micro dispensary shall verify that the individual placing the order is a consumer is at least 21 years old, a qualifying patient, or a registered caregiver prior to order placement, using an ordering system that complies with Regulation .08 of this chapter.

(2) A micro dispensary shall only travel:

(a) Between licensees, registrants, or from one delivery address to another delivery address; and

(b) In Maryland.

(3) A micro dispensary shall only make deliveries to residences as defined in COMAR 14.17.01 and medical facilities in the authorized service area.

(4) Agents conducting deliveries shall have on their person:

(a) Their current, active driver's license; and

(b) Administration-issued proof of the micro dispensary's licensure and their own registration.

(5) Agents conducting deliveries shall wear a body camera that records surveillance for the duration of the time they are operating a delivery vehicle that contains cannabis or cannabis products.

(6) While in transit, delivery agents may not wear any clothing or symbols that may indicate ownership or possession of cannabis.

(7) Each secure cannabis transport vehicle shall be operated by at least one registered agent.

(8) Only registered agents may occupy the delivery vehicle while the vehicle contains cannabis or cannabis products.

(9) All cannabis shall be transported in one or more locked and secure storage containers which may not be accessible while in transit.

(10) A micro dispensary agent shall transport cannabis or cannabis products in an enclosed vehicle that:

(a) Has and displays a current vehicle registration;

(b) Is insured as required by law;

(c) Is equipped with:

(i) A global positioning system (GPS) that enables the micro dispensary to monitor the vehicle's location for the entirety of its delivery routes;

(ii) Locked and secure storage containers anchored to the inside of the vehicle; and

(iii) A motion-activated video-surveillance system that captures activity around all storage containers that contain cannabis or cannabis products;

(d) Conceals storage containers so they are not visible or identifiable from outside of the vehicle; and

(e) Does not display any sign or illustration related to cannabis, cannabis products, or a cannabis licensee.

E. When purchasing cannabis from another licensee, a micro dispensary shall coordinate with the licensee to create an electronic manifest to record the chain of custody for each cannabis shipment in accordance with COMAR 14.17.09.03E and F.

F. A micro dispensary shall:

(1) Ensure that its stock of cannabis is timely and accurately tracked in the seed-to-sale tracking system from the time it is acquired by the micro dispensary to the time it is delivered and dispensed to a qualifying patient, registered caregiver, or adult-use consumer;

(2) At least daily, monitor video surveillance recorded by the delivery agent's body camera and the camera installed inside the delivery vehicle; and

(3) At least daily, monitor the GPS records of all delivery vehicles, including stops made along the delivery route.

G. A micro dispensary licensed to dispense cannabis under COMAR 14.17.07.07 may not:

(1) Transport cannabis or cannabis products not associated with an active invoice, order, or product manifest;

(2) Transport cannabis or cannabis products in any vehicle noncompliant with §D(10) of this regulation;

(3) Dispense cannabis or cannabis products without a prior order submitted to the licensed business;

(4) Dispense cannabis or cannabis products from the storage facility premises; or

(5) Carry cannabis or cannabis products in the delivery vehicle with a value in excess of $5,000 at any time.

H. For the purposes §G(5) of this regulation, the value of cannabis goods shall be determined using the current retail price of all cannabis or cannabis products carried by or within the delivery vehicle.

I. A micro dispensary owner shall be a registered agent.

J. Video Surveillance Requirements.

(1) Recordings of security video surveillance as required in this regulation shall be:

(a) Access-limited;

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

(c) Retained for a minimum of 90 calendar days; and

(d) Made available to the Administration or law enforcement agency for just cause as requested within 48 hours.

(2) 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 §J(1)(c) of this regulation that a micro dispensary fails to provide to the Administration constitutes a separate violation.

Md. Code Regs. 14.17.12.03

Regulation .03 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.