Current through all regulations passed and filed through September 16, 2024
(A)
The department
shall determine the appropriate storage and security requirements for all
cultivator facilities, and may require additional safeguards to ensure the
security of medical marijuana. A cultivator shall comply with the security plan
submitted as part of its cultivator provisional license application. At a
minimum, the cultivator shall do the following:
(1)
Install an
adequate security alarm system around the perimeter of the facility to prevent
and detect diversion, theft, or loss of medical marijuana utilizing commercial
grade equipment;
(2)
Maintain or construct fencing to prevent unauthorized
entry or access to waste disposal containers, disposal areas or compost areas
located outside the facility;
(3)
Utilize a video
surveillance recording system installed by a vendor that is approved by the
department and meets the standards required by the department to prevent and
detect diversion, theft or loss of medical marijuana;
(4)
Maintain all
security system equipment and video surveillance systems in a secure location
so as to prevent theft, loss, destruction or alterations;
(a)
A cultivator
shall limit access to surveillance areas to type 1 key employees that are
essential to surveillance operations, law enforcement agencies, security system
service employees, the department, and others when approved by the
department.
(b)
A cultivator shall make available to the department,
upon request, a current list of type 1 key employees and contractors who have
access to the surveillance rooms. A cultivator shall keep all on-site
surveillance rooms locked and shall not use such rooms for any other
functions.
(5)
Keep all approved safes, approved vaults, or any other
approved equipment or areas used for cultivating, harvesting, or storing of
medical marijuana, securely locked and protected from unauthorized access to
medical marijuana;
(6)
Ensure the outside perimeter of the cultivator is
well-lit and in accordance with the cultivator's plan in its license
application;
(7)
Restrict access to any area within a cultivator
containing medical marijuana except registered employees and agents or an
individual permitted to access the facility under the supervision of a
registered employee or agent in accordance with the visitor authorization
procedures set forth in this chapter;
(8)
Limit the use of
combination numbers, passwords, or electronic or biometric security systems to
registered, authorized employees and prevent the sharing of any
employee-specific access credentials; and
(9)
Not allow keys to
be left in the locks and not store or place keys or badges in a location
accessible to persons other than registered, authorized
employees.
(B)
The cultivator shall install a security alarm system
and a video surveillance recording system under paragraph (A) of this rule. A
security alarm system and video surveillance recording system shall, at a
minimum, contain the following:
(1)
A system designed to detect motion and identify
unauthorized access to the facility;
(2)
Video cameras
that capture the entire facility, including direct placement near the
entrances, exits, and parking areas to capture a clear and certain
identification of any person entering or exiting the facility, which shall be
appropriate for the normal lighting conditions of the area under
surveillance;
(3)
Video cameras shall be directed at all approved safes,
approved vaults, and any other area where medical marijuana is being
cultivated, harvested, stored, or handled;
(4)
The video
surveillance recording system shall comply with the following minimum
capabilities:
(a)
Provide a direct feed and login capabilities to the
department to allow for real-time access and monitoring of the facility via the
live video surveillance recording system;
(b)
A display monitor
with a minimum screen size of twelve inches shall be connected to the
electronic recording security system at all times;
(c)
Installed in a
manner that will prevent cameras from being readily obstructed, tampered with,
or disabled;
(d)
The ability to immediately produce a clear color still
photo that is a minimum of 9600 dpi from any camera image (live or
recorded);
(e)
A date and time stamp embedded on all recordings. The
date and time shall be synchronized and set correctly and shall not
significantly obscure the picture;
(f)
Cameras installed
outdoors and in low-light interior areas shall be day/night cameras with a
minimum resolution of 600 lines per inch (analog) or D1 (IP) and a minimum
light factor requirement of 0.7 LUX. The installation of additional lighting
may be required to increase picture clarity and brightness. Cameras shall be
calibrated and focused to maximize the quality of the recorded
image;
(g)
Allow for the exporting of still images in an industry
standard image format, including .jpg, .bmp and .gif. Exported video shall have
the ability to be archived in a proprietary format that ensures authentication
of the video and guarantees that no alteration of the recorded image has taken
place. Exported video shall also have the ability to be saved in an industry
standard file format that can be played on a standard computer operating
system. All recordings shall be erased or destroyed prior to
disposal;
(h)
Security recordings shall provide an image resolution
of at least D1, and the image frame rate shall be at least thirty frames per
second during alarm or motion based recording; and
(i)
Repair or replace
any failed component of the video surveillance recording system within
twenty-four hours, unless notice is provided to the department and an extension
is approved.
(5)
Twenty-four hour live feed with motion-activated
recording capabilities from all video cameras, which the cultivation facility
shall make available for immediate viewing by the department upon request and
shall retain the recordings for at least forty-five days. If a cultivator is
aware of a pending criminal, civil or administrative investigation or legal
proceeding for which a recording may contain relevant information, the
cultivator shall retain an unaltered copy of the recording until the
investigation or proceeding is closed or the entity conducting the
investigation or proceeding notifies the cultivator that it is not necessary to
retain the recording;
(6)
Silent alarm, which can be utilized in the event of a
holdup or other instances of duress, which notifies law
enforcement;
(7)
Panic alarm, which means an audible security alarm
system signal generated by the manual activation of a device intended to signal
a life threatening or emergency situation requiring a law enforcement
response;
(8)
Automatic voice dialer, which means any electrical,
electronic, mechanical, or other device capable of being programmed to send a
prerecorded voice message, when activated, over a telephone line, radio, or
other communication system, to a law enforcement, public safety, or emergency
services agency requesting dispatch;
(9)
Failure
notification system that provides an audible, text, or visual notification of
any failure in the surveillance system. The failure notification system shall
provide an alert to the cultivation facility within five minutes of the
failure, either by telephone, email, or text message; and
(10)
The ability to
comply with the security requirements of this rule for a period of at least
forty-eight hours during a power outage.
(C)
In addition to
the requirements listed in paragraph (B) of this rule, each cultivator shall
have a back-up alarm system approved by the department that shall detect
unauthorized entry during times when no employees are present at the facility
and that shall be provided by a company supplying commercial grade equipment,
which shall not be the same company supplying the primary security
system.
(D)
A cultivator shall keep all security equipment in
good-working order and the systems shall be inspected and all devices tested on
an annual basis by a third party.