Section 33-44-01-17 - Surveillance requirements1. To prevent unauthorized access to marijuana and usable marijuana, the compassion center shall have video surveillance equipment to deter the unauthorized entrance into restricted access areas.a. The compassion center shall operate, monitor, and maintain in good working order a closed-circuit television surveillance system on all of its premises, which must operate at all times and visually record: (1) All phases of production and processing.(2) All compassion center points of entry and exit, sales and display areas, and garages.(3) The entrance to the video surveillance room.(4) Any parking lot, which must have appropriate lighting for the normal conditions of the area under surveillance.b. Video surveillance systems must: (1) Capture clear and certain identification of any person entering or exiting a compassion center.(2) Have the ability to produce a clear, color, still photo either live or from a recording.(3) Have an embedded date-and-time stamp on all recordings which must be synchronized and not obscure the picture.(4) Continue to operate during a power outage. c. Video recording specifications include: (1) A video recording must export still images in an industry standard image format, including .jpg, .bmp, and .gif.(2) Exported video must be archived in a proprietary format that ensures authentication and guarantees the recorded image has not been altered.(3) Exported video must be saved in an industry standard file format that can be played on a standard computer operating system.(4) Upon completion of the required retention period, all recordings must be erased or destroyed before disposal.2. The compassion center shall maintain all security system equipment and recordings in a secure location to prevent theft, loss, destruction, corruption, and alterations.3. The compassion center shall ensure that twenty-four hour recordings from all video cameras are: a. Available for viewing by the department through a secure internet connection.b. Retained for a period of at least ninety calendar days during the first year of operation, and upon department approval, for at least sixty calendar days thereafter.c. Maintained free of alteration or corruption.d. Retained longer if the compassion center is given notice of a pending criminal, civil, or administrative investigation, or other legal proceeding for which the recording may contain relevant information. N.D. Admin Code 33-44-01-17
Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.Amended by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.General Authority: NDCC 19-24.1-25
Law Implemented: NDCC 19-24.1-25