Current through Register Vol. 54, No. 45, November 9, 2024
Section 1161a.30 - Access to dispensary facilities(a) A dispensary shall post a sign in a conspicuous location at each entrance of the facility that reads: THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE. NO ONE UNDER THE AGE OF 18 IS PERMITTED TO ENTER UNLESS THE INDIVIDUAL IS A PATIENT OR IS ACCOMPANIED BY A PARENT, GUARDIAN OR CAREGIVER.
(b) Except as provided in subsections (a) and (c), or in § 1161a.26(d) (relating to dispensary facilities), only patients, caregivers and authorized employees of a dispensary may enter a limited access area.(c) When an individual who is not approved to enter the facility requires access to a limited access area in the dispensary facility to provide goods or services to the facility, to assist a patient with product selection as the certifying practitioner or for potential investment or employment when patients and caregivers are not at the dispensary, a dispensary shall require the individual to present government-issued identification, to sign a log for that specific facility, detailing the need for entry, and to wear a temporary identification badge that is visible to others at all times while in a limited access area. The identification of a certifying practitioner must match the name and medical credentials documented on the accompanied patient's certification.(d) When admitting an individual under subsection (c) to a limited access area, a dispensary shall: (1) Require the individual to sign a log and detail the need for entry upon entering and sign the log when leaving the limited access area.(2) Check the individual's government-issued identification to verify that the name on the identification provided matches the name in the log. A photocopy of the identification must be retained with the log.(3) Issue a temporary identification badge with the individual's name and company, if applicable, and a badge number.(4) Escort the individual while the individual remains in a limited access area.(5) Ensure that the individual does not touch any medical marijuana products located in a limited access area.(e) The following requirements apply regarding the log required under subsections (c) and (d): (1) The dispensary shall maintain the log for 1 year, either in paper or electronic form, and make the log available to the Department, State or local law enforcement and other State or local government officials upon request if necessary to perform the government officials' functions and duties.(2) The log must include the full name of each individual granted access to the facility's limited access area, the temporary identification badge number, the date and time of arrival, the date and time of departure and the purpose of the visit, including the areas visited and the name of each employee visited.(f) This section does not limit the right of the Department or its authorized agents, State or local law enforcement or other Federal, State or local government officials, from entering any area of a dispensary if necessary to perform the government officials' functions and duties that pertain to the act or this part.(g) A principal, financial backer, operator or an employee of a dispensary may not receive any type of consideration or compensation for allowing an individual to enter a limited access area.Adopted by Pennsylvania Bulletin, Vol 53, No. 09. March 4, 2023, effective 3/4/2023