Compilation of Rules and Regulations of the State of Georgia
Department 351 - GEORGIA ACCESS TO MEDICAL CANNABIS COMMISSION
Chapter 351-8 - ENFORCEMENT
Rule 351-8-.03 - Dispensing License Inspections

Universal Citation: GA Rules and Regs r 351-8-.03

Current through Rules and Regulations filed through September 23, 2024

(1) Prior notice of an inspection, investigation, review, or audit is not required.

(2) Dispensing licensees shall provide and deliver records to the Commission or its employees upon request.

(3) Dispensing licensees shall ensure that the Commission and its employees have immediate access to their dispensary. If the Commission or its employees are denied access to a dispensary for any reason, then the dispensing licensee shall be subject to citations and fines up to and including revocation.

(4) No dispensing licensee shall interfere with, obstruct, or impede the Commission or its employees from exercising their duties as set forth in the Act and these rules. This includes, but is not limited to:

(a) Denying or delaying the Commission or its employees access to the dispensary, where the licensee's product in final packaged form are stored, during business hours or times of apparent operation;

(b) Providing false or misleading statements;

(c) Providing false or misleading documents and records;

(d) Failing to timely produce requested books and records required to be maintained by the licensee;

(e) Failing to timely respond to any other request for information made by the Commission or its employees in connection with an investigation of the qualifications, conduct, or compliance of the licensee; or

(f) Threatening force or violence against the Commission or its employees, or otherwise endeavoring to intimidate, obstruct, or impede the Commission or its employees from exercising their duties. The term "threatening force" includes the threat of bodily harm to such individual or to a member of his or her family.

(5) Upon receipt of an inspection report with deficiencies, violations, or fines, the dispensing licensee shall develop a corrective action plan for each deficiency and/or violation and submit the plan in writing to the Commission within seven (7) days after receipt of the statement of deficiencies and/or violations, unless a written extension is issued by the Commission. The Commission hereby delegates the authority and responsibility to determine whether an extension is made and its duration to develop and submit such corrective action plan(s), if any, to the GMCC Executive Director.

(a) The corrective action plan shall include specific requirements for corrective action that will be performed within fourteen (14) days of the date of the inspection.

(b) A dispensing licensee is subject to additional inspections by the Commission or its employees to confirm that the corrective action plan has been implemented and the deficiencies or violations have been resolved.

(6) Nothing in this rule shall be construed to prohibit an appropriate local, state, or federal administrative authority from conducting an inspection of the dispensary or operations of a dispensing licensee as provided by law, rule, or regulation of a local, state, or federal government.

O.C.G.A. §§ 16-12-203, 16-12-206, 16-12-210, 16-12-215, 16-12-217, 16-12-223.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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