Section 3.1 General Provisions.
3.1.1 Authority
The Cannabis Control Board adopts this rule pursuant to 7
V.S.A. §§ 901, 953, 954, 956, 971, 974, 975, 976, 978, and other
applicable law.
3.1.2 Scope
and Purpose
The Board is charged with implementing and regulating a legal
market for Cannabis in Vermont. This rule regulates the Patient and Caregiver
Registry, as well cannabis dispensaries.
3.1.3 Definitions
All definitions in 7 V.S.A. §§ 861 and 951 shall
apply to this rule. The following definitions shall also apply:
(a) "Board designee" means a person
designated by the Board to act as its agent for the purpose of executing the
Board's responsibilities. This may be an employee of the Board, another
government agency, or a contractor.
(b) "Caregiver" means a resident of Vermont
who has been issued a Caregiver registration card by the Board, identifying the
person as someone who has agreed to undertake responsibility for managing the
well-being of a Patient with respect to the use of Cannabis or Cannabis
Products for symptom relief.
(c)
"Inventory Tracking System" means a method implemented by the Board for tracing
all Cannabis and Cannabis Products grown, manufactured, and sold in
Vermont.
(d) "Licensee" means a
person who has been issued a license pursuant to Board Rule 1 or this rule. A
licensee does not include a person who has been issued a provisional
license.
(e) "Patient" means a
resident of Vermont who has been issued a Patient registration card by the
Board, identifying the person as having a qualifying medical condition pursuant
to the provisions of this rule.
(f)
"Pesticide" shall have the same meaning as "economic poison" as defined in 6
V.S.A. § 911(5).
(g) "Physical
site of operations" means:
i. a cultivator's
grow site;
ii. a wholesaler's
product storage facility;
iii a
manufacturer's site of manufacture;
iv. a retailer s store location; or
v. a testing laboratory's testing
facility.
(h) "Resident
of Vermont" means a person who is domiciled in Vermont.
Any time this rule references a retail Cannabis Establishment
or otherwise references retail stores, such references shall include the retail
portion of an integrated licensee unless the text of the rule plainly states
that it does not.
3.1.4 Applicability
This rule applies to persons who seek to become Patients or
Caregivers, who are Patients or Caregivers, who seek to operate a dispensary,
or who operate a dispensary pursuant to 7 V.S.A. chapters 37 and
39.
3.1.5 Time
(a) In computing any time period, measured in
days, that is established or allowed by this rule or by order of the Board or
Chair:
i. the day of the act or event that
triggers the period shall be excluded;
ii. every day, including intermediate
Saturdays, Sundays, and legal holidays shall be counted;
iii. the last day of the period shall be
counted, but if the last day is a Saturday, Sunday, or legal holiday, the
period continues to run until the end of the next day that is not a Saturday,
Sunday, or legal holiday.
(b) A "legal holiday" means:
i. any day declared a holiday by the
President or Congress of the United States; and
ii. any day declared a holiday by the State
of Vermont.
3.1.6 Severability
If any portion of this rule is found to be invalid, the
remaining portion of the rule shall remain in force and
effect.
Section
3.2 Registration of Patients.
3.2.1 Forms and Fees
Individuals applying to register as a Patient are required to
submit an application in a format determined by the Board. The Board will make
the application form readily accessible to the public. Applicants may have to
pay a fee in accordance with a fee schedule that the Board will make readily
accessible to the public.
3.2.2 Patient Application
The Patient application shall require the following
information:
(a) Name, address, phone
number, email if available, and date of birth;
(b) A valid Vermont driver's license or
non-driver identification number if the individual has such documentation. The
Board will review alternative documentation demonstrating residency on a
case-by-case basis for individuals without such documentation;
(c) Name, address, phone number, email if
available, and date of birth of a person the Patient is requesting serve as his
or her Caregiver pursuant to section 3.3 of this rule, if applicable;
(d) A Health Care Professional Verification
Form, as provided for by section 3.2.3 of this rule;
(e) A recent electronic photograph;
and
(f) An attestation that all
information provided in the application is truthful, provided that if an
individual is under 18 the attestation must be signed by a parent or legal
guardian.
3.2.3 Health
Care Professional Verification Form
The Board will make Health Care Professional Verification
Forms available in a format readily accessible to the public. The Health Care
Professional Verification Form must contain the following:
(a) A statement by a health care professional
that the Patient has a qualifying medical condition, as defined in 7 V.S.A.
§ 951(8), including the specific disease or condition which the Patient
has;
(b) A signed certification
which provides in substantial part: "I certify that I meet the definition of a
"health care professional" as defined by 7 V.S.A. § 951(5), that I am a
health care professional in good standing in the state of ..... and that the
facts that I stated on the form are accurate to the best of my knowledge and
belief";
(c) The date upon which
the health care professional signed the certification, which shall be no older
than 6 months prior to the submission of the application submitted pursuant to
section 3.2.2 of this rule;
(d) The
health care professional's contact information, certification or license
number, professional classification, and issuing state of professional
certification or license;
(e) A
statement by the Patient that the Patient is undergoing psychotherapy or
counseling to the extent required by 7 V.S.A. § 951(8)(B); and
(f) A release of information signed by the
Patient applicant authorizing the Board to verify and confirm the accuracy of
the information contained within the Health Care Professional Verification
Form.
3.2.4 Patient
Registration and Issuance of a Registered Patient Identification Card
(a) The Board shall register as Patients all
individuals who are residents of Vermont and who submit a complete and truthful
application pursuant to section 3.2.2 of this rule.
(b) Patients will be entitled to the
privileges accorded to them in 7 V.S.A. chapter 35 and must comply with the
requirements of that chapter and this rule.
(c) The Board shall issue Patients a
registered Patient identification card in a format determined by the
Board.
3.2.5 Renewal of
Patient Registration and Patient Identification Card
(a) Patient registrations shall be valid for
the time period set by 7 V.S.A. § 955.
(b) Patients must submit a renewal form,
which shall be created by the Board and readily available to the public, that:
i. updates any information that was provided
in their original application or their previous renewal application to the
extent the information has changed; and
ii. contains a new Health Care Professional
Verification Form with a certification that is dated less than 6 months prior
to the submission of the renewal application, provided that the Health Care
Professional Verification Form and electronic photo will only be required every
second renewal application;
(c) Patients who do not submit renewal forms
prior to the expiration of their registration must apply in accordance with
section 3.2.2 of this rule.
(d)
Patients who submit renewal forms prior to the expiration of their registration
but who do not get a response from the Board prior to the expiration date shall
retain their prior registration until such time as the Board grants or denies
their renewal.
3.2.6
Patient Renewals for Registrations Pursuant to 18 V.S.A. chapter 86
(a) On the date that this rule takes effect,
individuals who have valid Patient registrations pursuant to the rules set
forth by the Department of Public Safety under 18 V.S.A. Chapter 86 shall be
deemed to have valid Patient registrations under this rule until such time as
those registrations would have expired under the Department of Public Safety's
rules.
(b) Such Patients may renew
their registrations by submitting a renewal form to the Board pursuant to
section 3.2.5 of this rule, provided that the information they will be required
to update will be limited to the information requested in section 3.2.2 of this
rule.
Section
3.3 Registration of Caregivers.
3.3.1 Forms and Fees
Individuals applying to register as a Caregiver are required
to submit an application in a format determined by the Board. The Board will
make the application form readily accessible to the public. Applicants may have
to pay a fee in accordance with a fee schedule that the Board will make readily
accessible to the public.
3.3.2 Caregiver Application
The Caregiver application shall require the following
information:
(a) Name, address, phone
number, email if available, and date of birth;
(b) Name, address, phone number, email if
available, and date of birth of a Patient whom the Caregiver will
serve;
(c) A valid Vermont driver's
license or non-driver identification number if the individual has such
documentation. The Board will review alternative documentation demonstrating
residency on a case-by-case basis for individuals without such
documentation;
(d) any
authorization or disclosure deemed necessary by the Board for the purpose of
conducting a background check;
(e)
A recent electronic photograph of the individual;
(f) An attestation that all information
provided in the application is truthful.
3.3.3 Criminal History Records
To become registered Caregivers, individuals must be deemed
qualified in accordance with the standards regarding criminal history records
in section 1.11 of Board Rule 1, provided that if a spouse, domestic partner
(as defined in 17 V.S.A. § 2414(e)(1)), child, legal guardian, parent,
sibling, grandparent, or grandchild of a Patient seeks to be their Caregiver
the Board may, at its discretion, temporarily register the Caregiver pending
the completion of criminal history check.
3.3.4 Caregiver Registration and Issuance of
a Registered Caregiver Identification Card
(a) The Board shall register as a Caregiver
an individual who meets the following requirements:
i. Is a resident of Vermont;
ii. Is 21 years of age or older;
iii. Submits a complete and truthful
application pursuant to section 3.3.2 of this rule; and
iv. Meets the criminal history record
qualification standards to the extent required by section 3.3.3 of this
rule.
(b) Caregivers
will be entitled to the privileges accorded to them in 7 V.S.A. chapter 35 of
the Vermont Statutes and must comply with the requirements of that chapter and
this rule.
(c) The Board shall
issue Caregivers a registered Caregiver identification card in a format
determined by the Board.
3.3.5 Renewal of Caregiver Registration and
Caregiver Identification Card
(a) Caregiver
registrations shall be valid for the time period set by 7 V.S.A. §
955.
(b) Caregivers must submit a
renewal form, which shall be created by the Board and readily available to the
public, that:
i. updates any information that
was provided in their original application or their previous renewal
application to the extent the information has changed; and
ii. provides for an updated background check.
(b) Caregivers who do
not submit renewal forms prior to the expiration of their registration must
apply in accordance with section 3.3.2 of this rule.
(c) Caregivers who submit renewal forms prior
to the expiration of their registration but who do not get a response from the
Board prior to the expiration date shall retain their prior registration until
such time as the Board grants or denies their renewal.
3.3.6 Caregiver Renewals for Registrations
Pursuant to 18 V.S.A. chapter 86
(a) On the
date that this rule takes effect, individuals who have valid Caregiver
registrations pursuant to the rules set forth by the Department of Public
Safety under 18 V.S.A. Chapter 86 shall be deemed to have valid Caregiver
registrations under this rule until such time as those registrations would have
expired under the Department of Public Safety's rules.
(b) Such Caregivers may renew their
registrations by submitting a renewal form to the Board pursuant to section
3.3.5 of this rule, provided that the information they will be required to
update will be limited to the information requested in section 3.3.2 of this
rule.
Section
3.4 Licensing of Dispensaries.
3.4.1 Forms and Fees
A person or persons applying for a dispensary license are
required to submit an application in a format determined by the Board. The
Board will make the application form readily accessible to the public.
Applicants may have to pay a fee in accordance with a fee schedule that the
Board will make readily accessible to the public.
3.4.2 General Licensing Requirements
(a) The license application and renewal
provisions of Board Rule 1 shall apply to any person or persons seeking to
obtain or renew a license to operate a dispensary, subject to applicable
provisions in section 3.4.3 of this rule.
(c) Sections 1.4 through 1.9 of Board Rule 1
are each applicable to a dispensary application or renewal, except as provided
by subsection 3.4.3(d) of this rule.
(d) Dispensary licenses are valid for one
year from the date of issue.
When applying Rule 1 to a person or persons applying to
operate a dispensary:
(e)
"Cannabis Establishment" shall mean a dispensary;
(f) "Applicant" shall mean a dispensary
applicant;
(g) "Licensee" shall
mean a person or persons who have been licensed to operate a
dispensary;
(h) Fees will be
understood to reference those required by 7 V.S.A. chapter 37; and
(i) Where Board Rule 1 requires compliance
with applicable statutes, such references shall be understood to mean
compliance with 7 V.S.A. chapter 37.
3.4.3 Departures from Board Rule 1 for
Dispensary Licensing
(a) Dispensary applicants
must submit plans to ensure Patient privacy and confidentiality.
(b) Dispensary applicants must submit plans
to educate their employees who interact with Patients about the probable
effects of the Cannabis and Cannabis Products available for Patient
purchase.
(c) Dispensary applicants
must submit plans to provide educational materials to Patients and, if
applicable, their Caregivers.
(d) A
dispensary applicant may declare on their application that their dispensary
operation will not perform one or more of the activities permitted in 7 V.S.A.
§ 973(a)(1) or (2). To the extent that such a declaration would mean that
the dispensary would not be performing the functions of one or more of the
license types listed in sections 1.5 through 1.9 of Board Rule 1, the
dispensary applicant need not fulfill the application requirements of the
relevant section(s), provided that:
i. The
Board shall retain discretion to determine whether application requirements
must be fulfilled; and
ii. A
dispensary applicant that makes such a declaration will not be permitted to
perform the activity they declared they would not perform. If they wish to
expand their operation to do so subsequent to gaining a license, they may do so
only in accordance with a procedure to be set by the Board.
3.4.4 Dispensary
Renewals for Licenses Granted Pursuant to 18 V.S.A. chapter 86
(a) On the date that this rule takes effect,
dispensaries licensed pursuant to the rules set forth by the Department of
Public Safety under 18 V.S.A. Chapter 86 shall be deemed to have valid
dispensary licenses under this rule until such time as those licenses would
have expired under the Department of Public Safety's rules, or until such time
as a dispensary obtains an integrated license pursuant to Board Rule 1,
whichever comes first.
(b)
Dispensaries licensed pursuant to the rules set forth by the Department of
Public Safety under 18 V.S.A. Chapter 86 that do not obtain an integrated
license may renew their dispensary licenses by submitting a renewal in a form
to be determined by the Board. This initial renewal under the Board's authority
will be no more burdensome than necessary for the Board to ensure compliance
with 7 V.S.A. chapter 37 and ensure the Board has the information required by
Rule 1.4. After the initial renewal under this rule, the standard renewal rules
under section 3.4.2 of this rule will apply.
3.4.5 Dispensary Identification Cards
Owners, principals, and employees of dispensaries will be
issued Cannabis Establishment identification cards in accordance with Board
Rule 1.16. This will constitute compliance with 7 V.S.A. § 976. For the
purposes of this rule, a dispensary cardholder will mean an employee of a
dispensary who has a current and valid Cannabis Establishment identification
card.
Section 3.5
Regulation of Dispensaries.
3.5.1 General
Regulatory Requirements
(a) Dispensaries may
do everything permitted in 7 V.S.A. §§ 971 and 973 and must abide by
the regulations of 7 V.S.A. chapter 37.
(b) Except where Board Rule 2 conflicts with
7 V.S.A. §§ 971 and 973 or the provisions of this section 3. 5,
dispensaries shall be regulated in accordance with Board Rule 2.
(c) In accordance with 7 V.S.A. chapter 37,
product restrictions in Board Rule 2 and 7 V.S.A. chapter 33 are not applicable
to dispensaries.
(d) Each activity
in a dispensary's operation, including but not limited to cultivation,
manufacturing, and retail sales, will be regulated in accordance with the
relevant section of Board Rule 2, subject to the exceptions in this section
3.5.
When applying Board Rule 2 to dispensary operations:
(e) "Cannabis Establishment" shall
mean a dispensary;
(f) "Licensee "
shall mean a person or persons who have been licensed to operate a dispensary;
and
(g) Where Board Rule 2 requires
compliance with applicable statutes, such references shall be understood to
mean compliance with 7 V.S.A. chapter 37.
3.5.2 Transportation and Delivery
The provisions governing transportation of Cannabis and
Cannabis Products contained in Board Rule 2 do not apply to dispensaries. The
following rules govern transportation and delivery for dispensaries:
A registered dispensary electing to deliver to registered
Patients and Caregivers, or transfer to another dispensary or a testing
laboratory, shall:
(a) Transport
Cannabis and Cannabis Products in a secure locked container.
(b) Only permit registered cannabis
identification card holders in the vehicle.
(c) Deliver only to a Patient's or
Caregiver's physical address transmitted to the dispensary from the
Board.
(d) Ensure that dispensary
personnel other than the personnel performing delivery services have knowledge
of the delivery schedule.
(e)
Depart with only the amount of Cannabis or Cannabis Product scheduled for
delivery;
(f) Schedule deliveries
to occur only during established operating hours.
(g) Verify the identity of each registered
Patient or Caregiver at the time of his or her initial delivery and prior to
dispensing Cannabis. Cannabis or Cannabis Product shall be transferred directly
into the physical possession of the registered Patient or Caregiver.
(h) Prior to dispensing Cannabis or Cannabis
Product to the registered Patient or Caregiver who scheduled a delivery, verify
his or her registry identification card is valid.
(i) Ensure delivery vehicles are discreet and
do not display advertising, cannabis-related insignia, or features indicative
of dispensary operations.
(j)
Ensure that all dispensary cardholders performing deliveries have a mode of
communication for contacting emergency services personnel.
(k) Develop and implement policies and
procedures to ensure employee safety and to provide security sufficient to
prevent loss of inventory, theft, and diversion for the dispensing, delivery,
and storage of Cannabis or Cannabis Product.
(l) Require all dispensary cardholders to
physically possess their registry identification cards when performing delivery
services.
(m) Retain documentation
containing the following information for each delivery:
i. Registered Patient name and registry
identification number. If a registered Caregiver accepts a delivery on behalf
of his or her registered Patient the documentation shall additionally include
the registered Caregiver's name and registry identification number;
ii. Name(s) and registry identification
number(s) of the dispensary cardholder(s) performing delivery;
iii. Date and time of delivery; and
iv. Strain, form, and amount of
Cannabis or Cannabis Product delivered. Amount of Cannabis or Cannabis Product
shall be in ounce or gram units of weight.
(n) Generate a trip ticket for the transfer
or transport of Cannabis or Cannabis Product between registered dispensary
locations or to a registered Patient or Caregiver. A trip ticket will be
provided to a registered Patient or his or her Caregiver and shall include the
registered dispensary's name, product type, strain, weight in ounce or gram
units, form, and time and date of transaction. A trip ticket when cannabis is
transported by a registered dispensary to another registered dispensary or
testing laboratory shall contain the originating and receiving dispensary or
testing laboratory name and physical address, the weight and form of Cannabis
and Cannabis Product, and relinquishing time and date.
3.5.3 Dispensary Visitors
The provisions governing visitors to Cannabis Establishments
contained in Board Rule 2 do not apply to dispensaries. The following rules
govern visitors to dispensaries, but not visitors to the cultivation area of a
dispensary:
(a) Patients, Caregivers,
and holders of cannabis establishment identification cards shall always have
their identification cards on-site while at a registered dispensary.
(b) Dispensaries must make accommodation for
Patient privacy upon request, including allowing Patients to purchase Cannabis
or Cannabis Products inside the dispensary without compromising Patient
privacy.
(c) A record shall be
maintained of all individuals who purchase Cannabis or Cannabis Products from
the dispensary, provided that when an integrated licensee operates a dispensary
location that also serves as an adult use retail location, records related to
adult use consumers shall not violate the provisions of Rule 2.8.3. The record
shall contain first and last legal name of all individuals, time, date, and
registry identification number.
(d)
A licensed dispensary shall limit access to Patients and Caregivers, except for
the situations listed in this subsection (d). In these situations, the record
shall contain entity affiliation and purpose of entry and may omit a registry
identification number:
i. A contractor or
vendor, or the owner of the property on which a dispensary is located, who is
performing services related to the operation of a dispensary and who needs
access to the registered dispensary may be allowed access for a limited time
under the direct accompaniment of a registered dispensary cardholder.
ii. A government employee who, in the
performance of his or her job duties requires access to the registered
dispensary shall be allowed access for a limited time under the direct
accompaniment of a registered dispensary cardholder.
iii. Emergency services personnel, such as
firefighters, police officers or other officials, who in the performance of
their life safety duties require access to the registered dispensary in an
emergency life safety or protection situation may enter a registered dispensary
without escort in order to perform his or her job.
iv. A health care professional as defined by
7 V.S.A. § 951(5) may be allowed access under the direct accompaniment of
a dispensary cardholder.
The following rules govern visitors to the cultivation or
processing area of a dispensary:
(e) Only dispensary cardholders may access a
licensed dispensary cultivation or processing location, except in one (or more)
of the circumstances set out in subsection 3.5.3(d) of this section.
(f) Licensed dispensaries conducting
dispensing appointments in the same facility as cultivation and/or processing
shall secure the cultivation and/or processing area(s) from the dispensing area
of the facility with a lock or other security device in addition to all other
security measures required by these rules.
3.5.4 Dispensary Security
(a) The provisions governing security at
Cannabis Establishments contained in Board Rule 2 apply to
dispensaries.
(b) Each activity
that a dispensary engages in, including but not limited to cultivation,
manufacturing, production, and sales, must abide by the relevant security
requirements contained in Board Rule 2.
3.5.5 Quantity Limits
(a) In a single transaction, dispensaries may
provide no more Cannabis than a patient is permitted to possess in accordance
with any limit set by 7 V.S.A. § 952, no more than the equivalent in
Cannabis Products, or no more than the permitted limit in a combination of
Cannabis and the equivalent in Cannabis Product.
(b) Non-edible, non-psychoactive Cannabis
Products including ointments, lotions, balms, and other non-transdermal topical
products are exempt from the two-ounce quantity limit on sales.
(c) Equivalencies referenced in subsection
(a) of this section 3.5.5 shall be provided by guidelines promulgated by the
Board and readily accessible to the public.
3.5.6 Transfer or Sale to Adult Use Market
Prohibited
Dispensaries and the dispensary operations of integrated
licensees may not sell or transfer Cannabis or Cannabis Product to any person
or licensee participating in the adult use market, except that the dispensary
operations of integrated licensees may make such transfers to the extent
permitted by Rule 2.10.5.
Section 3.6 Integrated Licensees.
(a) If an integrated licensee is operating a
dispensary, any portion of the licensee's operations that are servicing both
the adult use market and the dispensary will be required to follow all relevant
regulations in Board Rule 2, with the following exceptions:
i. At a retail operation both medical
regulations and adult use regulations will apply in accordance with Rule 2.10
and this rule; and
ii. In
accordance with 7 V.S.A. §§ 971 and 973, integrated licensees that
also operate a dispensary may produce and sell Cannabis and Cannabis Product in
accordance with those statutes and this rule only to the extent required to
serve Patients as part of the licensee's dispensary operation.
(b) Integrated licensees with
dispensary retail operations shall make accommodation for Patient privacy at a
retail establishment upon request, including allowing Patients to purchase
Cannabis or Cannabis Products inside the retail establishment without
compromising Patient privacy.
Section
3.7 Deregistration of Patients or Caregivers.
(a) A health care professional who signed the
certification on a Health Care Professional Verification Form may withdraw
their certification at any time by submitting to the Board a signed statement
to that effect. This shall have the effect of canceling a Patient's
registration. A Patient who has been deregistered in this manner may submit an
application to the Board pursuant to section 3.2.2 of this rule at any time,
provided that the Patient must submit a new and timely Health Care Professional
Verification Form.
(b) A Patient
who stops using the services of a Caregiver may submit a notice to that effect
to the Board. If a Caregiver is no longer serving any Patient due to such a
cessation of services or due to a Patient's death, the Caregiver's registration
shall expire 90 days after the cessation or death.
Section 3.8 Patient's and Caregiver's Ongoing
Duty to Disclose.
Patients and Caregivers have an ongoing duty to fully and
transparently update the information submitted with their registration
application or their last renewal form if they have renewed their
registration.
Section 3.9
Dispensary's Ongoing Duty to Disclose.
A dispensary has an ongoing duty to fully and transparently
update the information submitted with their licensing application or their last
renewal form if they have renewed their license.
3.9.1 Disclosure Insufficient For Changes In
Control
If a dispensary seeks to alter the interest holders that
control it, mere disclosure is insufficient to meet its obligations under this
rule. It must seek a license renewal prior to any change in control, as
required by Rule 1.17.
Section
3.10 Confidentiality.
The Board will abide by the confidentiality requirements of 7
V.S.A. § 952(c) and 7 V.S.A. § 973(b).
Section 3.11 Regulatory Waiver.
The Board, in accordance with the purposes and intent of 7
V.S.A. chapter 37 and this rule, may waive a regulatory requirement regarding
the operations of a dispensary or the Patient and Caregiver Registry to the
extent such waiver does not conflict with any other state law, if in the
Board's determination, such a waiver:
(a) is necessary to achieve the purpose of
Vermont law; and
(b) does not
create a danger to the public health, safety, or welfare.
7 V.S.A. § 952(c) and 7 V.S.A. § 973(b)
