Current through Register Vol. 31, No. 12, March 21, 2025
A. A marijuana
establishment shall ensure that, if the marijuana establishment cultivates
marijuana:
1. If cultivation takes place
indoors, the marijuana is cultivated in a closed, locked room; and
2. If cultivation takes place outdoors, the
location:
a. Is surrounded by solid, 10-foot
walls that are constructed of metal, concrete, or stone that prevent viewing of
the marijuana plants; and
b. Has a
one-inch thick metal gate.
B. A marijuana establishment shall ensure
that access to the marijuana establishment's cultivation site or manufacturing
site or to the portion of the marijuana establishment's retail site where
marijuana is cultivated, processed, manufactured, or stored is limited to the
marijuana establishment's principal officers, board members, and authorized
marijuana facility agents, unless the individual is supervised by a marijuana
facility agent associated with the marijuana establishment.
C. A marijuana facility agent may transport
marijuana, marijuana plants, and marijuana products between:
1. The marijuana establishment's retail site,
cultivation site, or manufacturing site;
2. The marijuana establishment's retail site,
cultivation site, or manufacturing site and another marijuana
establishment;
3. The marijuana
establishment's retail site, cultivation site, or manufacturing site and a
dispensary with a dispensary registration certificate issued under 9 A.A.C. 17;
4. The marijuana establishment's
retail site and a consumer:
a. Consistent with
A.R.S. §
36-2854(D) and
R9-18-312.01; and
b. If the owner
of the property at the delivery address provided by the consumer, according to
R9-18-312.01(B)(2)(c), has not posted or otherwise notified the marijuana
establishment that no deliveries are allowed to the owner's property location;
and
5. The marijuana
establishment's retail site, cultivation site, or manufacturing site and a
marijuana testing facility that has a marijuana testing facility license issued
by the Department or a laboratory with a laboratory registration certificate
issued under 9 A.A.C. 17, Article 4.
D. Before transportation, a marijuana
facility agent of a marijuana establishment shall:
1. Complete a trip plan that includes:
a. The name of the marijuana facility agent
in charge of transporting the marijuana, marijuana plants, or marijuana
products;
b. The license plate
number of the vehicle being used to transport the marijuana, marijuana plants,
or marijuana products;
c. The date and start
time of the trip;
d. A description of the
marijuana, marijuana plants, or marijuana products being transported;
e. Any
anticipated stops during the trip, including the locations of the stops and
estimated arrival time and departure time for each location; and
f. The
anticipated route of transportation; and
2. Provide a copy of the trip plan in
subsection (D)(1) to the marijuana establishment.
E. During transportation, a marijuana
facility agent shall:
1. Carry a copy of the
trip plan in subsection (D)(1) with the marijuana facility agent for the
duration of the trip;
2. Use a
vehicle that has a current registration with the Arizona Department of Motor
Vehicles, issued according to A.R.S. Title 28, Chapter 7, Article 2:
a. Without any marijuana
identification;
b. Equipped with a
global positioning system or other means for the marijuana establishment to
track the current location of the vehicle at any point in time;
c. Capable of providing electronic
information about where the vehicle has been during at least the previous 90
days;
d. With operational
video surveillance and recording equipment that:
i. Shows the interior of the vehicle,
including the driver's seat and location of the marijuana, marijuana plants, or
marijuana products being transported;
ii. Is turned on for the duration of a trip
while marijuana or a marijuana product is in the vehicle; and
iii. Either stores the recording for at least
30 calendar days or transmits the recorded images at the time of recording to
another location, where the recorded images are stored for at least 30 calendar
days; and
e. With a locked
compartment in which any marijuana, marijuana plants, or marijuana products
being transported may be stored during a trip;
3. Have a means of communication with the
marijuana establishment;
4. Notate
the arrival time and departure time for each stop; and
5. Ensure that the marijuana, marijuana
plants, or marijuana products are stored in the locked compartment specified in
subsection (E)(2)(e) and are not visible.
F. After transportation, a marijuana facility
agent shall:
1. Enter the end time of the trip
and any changes to the trip plan on the trip plan required in subsection
(D)(1), and
2. Ensure that the
updated trip plan is provided to the marijuana establishment.
G. A marijuana establishment
shall:
1. Maintain the documents required in
subsection (D)(2) and (F) for at least two years after the date of the
documentation;
2. If transporting a
sample to a marijuana testing facility for testing, provide a copy of the trip
plan in subsection (D)(1) to the marijuana testing facility; and
3. Provide a copy of the documents required
in subsection (D)(2) and (F) to the Department for review upon
request.
H. A marijuana
establishment shall not transport marijuana, marijuana plants, or marijuana
products to a consumer except as specified in
R9-18-312.01
.
I. To
prevent unauthorized access to marijuana or a marijuana product at the
marijuana establishment's retail site and, if applicable, the marijuana
establishment's cultivation site or manufacturing site, the marijuana
establishment 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 interconnected 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
printer capable of immediately producing 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 occurring 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 within the marijuana establishment's retail site allowing for
the identification of any consumer purchasing marijuana or a marijuana
product;
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 provide for the
identification of authorized individuals;
b. That deter unauthorized removal of
marijuana or marijuana products from the premises, including:
i. Restricting access to the areas of the
marijuana establishment's retail site where marijuana is cultivated, processed
or stored and, if applicable, the marijuana establishment's cultivation site or
manufacturing site; and
ii.
Ensuring that an individual other than a principal officer, board member, or
marijuana facility agent associated with the marijuana facility is supervised
by a marijuana facility agent associated with the marijuana establishment when
in an area specified in subsection (I)(2)(b)(i);
c. That prevent loitering;
d. For conducting electronic monitoring;
and
e. For the use of a panic
button.