Current through Register Vol. 35, No. 6, March 26, 2024
A.
General provisions: The smoking, vaporizing, and ingestion of
medical cannabis products by qualified patients is permitted within cannabis
consumption areas, designated by the department, that are located on the
premises of licensed non-profit producers. Cannabis consumption areas may only
be operated by licensed non-profit producers, at medical cannabis dispensary
locations designated by the department. Alcohol is prohibited in cannabis
consumption areas. A licensed non-profit producer that operates a cannabis
consumption area shall comply with all applicable state and local laws,
including but not limited to zoning, occupancy, licensing, and building codes.
Additionally, a licensed non-profit producer that operates a designated
cannabis consumption area shall:
(1) restrict
access to the cannabis consumption area to qualified patients and their primary
caregivers and authorized personnel of the non-profit producer;
(2) ensure that consumption of cannabis in
the cannabis consumption area is not visible from any public place or from
outside the cannabis consumption area; and
(3) require that qualified patients who
consume cannabis in a cannabis consumption area either leave the non-profit
producer's premises with a designated driver or utilize other lawful means of
transportation from the non-profit producer's premises.
B.
Application; operations plan:
A licensed non-profit producer shall apply for and obtain prior approval from
the department before operating a cannabis consumption area. The licensed
non-profit producer shall include an operations plan with its application that
includes the following:
(1) operating hours
of the cannabis consumption area;
(2) plan for limiting access to qualified
patients and primary caregivers access and verification process;
(3) security plan addressing overall security
measures, including but not limited to plans for video surveillance, fire
safety, public disturbances, refusal of service, and emergency
evacuation;
(4) plan for ensuring
that only qualified patients, primary caregivers, and authorized staff can
access cannabis consumption areas;
(5) plan for educating patients and primary
caregivers about the dangers of driving under the influence of
cannabis;
(6) plan concerning
disposal of wasted cannabis and cannabis-related paraphernalia;
(7) plan concerning measures to limit
potential allergic reactions by qualified patients and primary caregivers who
visit the cannabis consumption area;
(8) plan to ensure that qualified patients
who are minors are accompanied by their primary caregiver at all times while on
the premises of a cannabis consumption area;
(9) attestation that access to cannabis
consumption areas will be limited to qualified patients and their primary
caregivers and authorized personnel of the non-profit producer;
(10) attestation that consumption of cannabis
in the cannabis consumption area will not be visible from any public place or
from outside the cannabis consumption area;
(11) attestation that the non-profit producer
will require that qualified patients who consume cannabis in a cannabis
consumption area either leave the non-profit producer's premises with a
designated driver (who shall be identified to the non-profit producer by the
qualified patient or primary caregiver) or utilize other lawful means of
transportation from the non-profit producer's premises; and
(12) such additional information or materials
as the department may require.
C.
Amended license: The licensed
non-profit producer shall apply for amended licensure, and shall obtain
approval from the department, at least 30 days prior to implementing any change
of location of a cannabis consumption area or any substantial change to any
portion of the non-profit producer's cannabis consumption area operations
plan.
