Section He-C 402.08 - Prohibitions(a) An ATC shall not dispense or otherwise transfer cannabis to a person other than a registered qualifying patient or his or her designated caregiver except that it may acquire cannabis from or sell cannabis to another New Hampshire ATC as allowed by RSA 126-:8, V(b) (3) X, and pursuant to He-C 402.(b) Only an ATC technician shall dispense cannabis, CIP, paraphernalia, or cannabis-related supplies to qualifying patients and designated caregivers.(c) No ATC agent shall dispense cannabis samples to any person.(d) No ATC agent shall sell anything other than cannabis, CIP, paraphernalia, cannabis-related supplies, and educational materials about cannabis.(e) No ATC or ATC agent shall violate the confidentiality provisions of He-C 402.25.(f) No cannabis or CIP shall be consumed on the registered premises or grounds of the ATC.(g) An ATC shall not dispense cannabis or CIP unless labeled and packaged in accordance with He-C 402.19.(h) No ATC technicians, employees, or agents shall make home deliveries of cannabis, CIP, paraphernalia, or cannabis-related supplies, or dispense such products anywhere except at the ATC dispensary location.(i) An ATC shall not adulterate cannabis or CIP, including with drugs or medication, alcohol, psychoactive additives, or illicit substances, except that alcohol may be used in the extraction process to create a cannabis concentrate and may be present as necessary in CIP that are tinctures.(j) The ATC shall not advertise their location, products, or services in a manner prohibited by He-C 402.23.(k) ATC agents shall not falsify any documentation required by law or provide false or misleading information to the department.(l) No ATC agent or persons connected to an ATC shall:(1) Accept or solicit any form of pecuniary remuneration from a provider, or offer any form of pecuniary remuneration to a provider except if the provider is employed by the ATC and the provider does not issue written certifications to patients;(2) Offer a discount or other thing of value to a patient who uses or agrees to use a particular provider;(3) Permit a provider to examine a patient in relation to issuing a written certification at a location where cannabis is sold or distributed; or(4) Provide an economic benefit to a provider who issues written certifications to patients.(m) The prohibitions in (l) above shall not be construed to prohibit an ATC from providing information to potentially qualifying patients about providers in the community who may issue written certifications, provided, however, that the prohibitions in (l) above are not violated.(n) No ATC shall be located in a zoned residential district or within a pre-existing drug-free school zone.N.H. Admin. Code § He-C 402.08
Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014.Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10961, Effective 10/23/2015, Expires 10/23/2025.Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.