Section R9-17-318. Security

A.      Except as provided in R9-17-310(A)(7), a dispensary shall ensure that access to the enclosed, locked facility where mari- juana is cultivated is limited to the dispensary’s principal offi- cers, board members, and authorized dispensary agents.

B.       A dispensary agent may transport marijuana, marijuana plants, and marijuana paraphernalia between the dispensary and:

1.        The dispensary’s cultivation site,

2.        A qualifying patient, and

3.        Another dispensary.

C.      Before transportation, a dispensary agent shall:

1.        Complete a trip plan that includes:

a.        The name of the dispensary agent in charge of trans- porting the marijuana;

b.        The date and start time of the trip;

c.        A description of the marijuana, marijuana plants, or marijuana paraphernalia being transported; and

d.        The anticipated route of transportation; and

2.        Provide a copy of the trip plan in subsection (C)(1) to the dispensary.

D.      During transportation, a dispensary agent shall:

1.        Carry a copy of the trip plan in subsection (C)(1) with the dispensary agent for the duration of the trip;

2.        Use a vehicle without any medical marijuana identifica- tion;

3.        Have a means of communication with the dispensary; and

4.        Ensure that the marijuana, marijuana plants, or marijuana paraphernalia are not visible.

E.       After transportation, a dispensary agent shall enter the end time of the trip and any changes to the trip plan on the trip plan required in subsection (C)(1).

F.       A dispensary shall:

1.        Maintain the documents required in subsection (C)(2) and (E), and

2.        Provide a copy of the documents required in subsection (C)(2) and (E) to the Department for review upon request.

G.      To prevent unauthorized access to medical marijuana at the dispensary and, if applicable, the dispensary’s cultivation site, the dispensary shall have the following:

1.        Security equipment to deter and prevent unauthorized entrance into limited access areas that include:

a.        Devices or a series of devices to detect unauthorized intrusion, which may include a signal system inter- connected with a radio frequency method, such as cellular, private radio signals, or other mechanical or electronic device;

b.        Exterior lighting to facilitate surveillance;

c.        Electronic monitoring including:

i.         At least one 19-inch or greater call-up monitor,

ii.        A video printer capable of immediately produc- ing a clear still photo from any video camera image,

iii.      Video cameras:

(1)     Providing coverage of all entrances to and exits from limited access areas and all entrances to and exits from the building, capable of identifying any activity occur- ring in or adjacent to the building; and

(2)     Having a recording resolution of at least 704 x 480 or the equivalent;

iv.      A video camera at each point of sale location allowing for the identification of any qualifying patient or designated caregiver purchasing medical marijuana,

v.        A video camera in each grow room capable of identifying any activity occurring within the grow room in low light conditions,

vi.      Storage of video recordings from the video cameras for at least 30 calendar days,

vii.     A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system, and

viii.   Sufficient battery backup for video cameras and recording equipment to support at least five minutes of recording in the event of a power outage; and

d.        Panic buttons in the interior of each building; and

2.        Policies and procedures:

a.        That restrict access to the areas of the dispensary that contain marijuana and if applicable, the dispen- sary’s cultivation site to authorized individuals only;

b.        That  provide  for  the  identification   of  authorized individuals;

c.        That prevent loitering;

d.        For conducting electronic monitoring; and

e.        For the use of a panic button.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R.

734, effective April 14, 2011 (Supp. 11-2).