Current through Register Vol. 30, No. 38, September 20, 2024
A. Except as
provided in
R9-18-405(8), a
marijuana testing facility shall ensure that access to the area of the
marijuana testing facility where marijuana or marijuana products are being
tested or stored for testing is limited to a marijuana testing facility's
owners and authorized marijuana facility agents.
B. A marijuana facility agent associated with
a marijuana testing facility may only transport marijuana or marijuana products
submitted for testing to A marijuana testing facility licensed under this
Chapter.
C. Before transportation
to a marijuana testing facility, a marijuana facility agent associated with the
marijuana testing facility shall:
1. Complete
a trip plan that includes:
a. The name of the
marijuana facility agent in charge of transporting the marijuana or marijuana
products;
b. The date and start
time of the trip;
c. A description
of the marijuana or marijuana products being transported;
d. Any anticipated stops during the trip,
including the locations of the stops and arrival time and departure time for
each location; and
e. The
anticipated route of transportation; and
2. Provide a copy of the trip plan in
subsection (C)(1) to the marijuana testing facility.
D. During transportation to the marijuana
testing facility, a marijuana facility agent associated with the marijuana
testing facility shall:
1. Carry a copy of
the trip plan in subsection (C)(1) with the marijuana facility agent for the
duration of the trip;
2. Use a
vehicle:
a. Without any marijuana
identification;
b. Equipped with a
global positioning system or other means of tracking the location of the
vehicle;
c. With an operational
video surveillance system 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
d. With a
locked compartment in which any marijuana or marijuana products being
transported may be stored during a trip;
3. Have a means of communication with the
marijuana testing facility;
4.
Notate the arrival and departure time for each stop; and
5. Ensure that the marijuana or marijuana
products are stored in the locked compartment specified in subsection (D)(2)(d)
and are not visible.
E.
After transportation, a marijuana facility agent associated with a marijuana
testing facility 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. If a marijuana facility agent associated
with a marijuana establishment transports marijuana or a marijuana product to a
marijuana testing facility for testing, the marijuana testing facility shall
require that a copy of the trip plan be provided by the marijuana establishment
before accepting the marijuana or marijuana product for testing.
G. A marijuana testing facility shall:
1. Maintain the documents required in
subsections (C)(2), (E), and (F); and
2. Provide a copy of the documents required
in subsections (C)(2), (E), and (F) to the Department for review upon
request.
H. To prevent
unauthorized access to marijuana or marijuana products at the marijuana testing
facility for testing, the marijuana testing facility 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 in each area of
the marijuana testing facility where marijuana or marijuana products are being
tested or stored for testing capable of identifying any activity occurring
within the area in low light conditions;
v. Storage of video recordings from the video
cameras for at least 30 calendar days;
vi. A failure notification system that
provides an audible and visual notification of any failure in the electronic
monitoring system; and
vii.
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 that:
a. Restrict access to the areas of the
marijuana testing facility that contain marijuana or marijuana products and, if
applicable, to authorized individuals only;
b. Provide for the identification of
authorized individuals; and
c.
Prevent loitering.
