§ 7–1671.06c(Perm). Safe-use treatment facility endorsement.

*NOTE: This codification is not the most current. To see the current law, click this link Current Version*

(a)(1) The holder of a retailer license shall be eligible to apply to the ABC Board for a safe-use treatment facility endorsement. The holder of a safe-use treatment facility endorsement shall be permitted to:

(A) Sell medical cannabis, medical cannabis products, and paraphernalia at the retailer to qualifying patients and caregivers to be administered on the premises by or to the qualifying patient at the time of purchase within designated consumption areas that are separated from the remainder of the premises by a secure door and have a separate ventilation system;

(B) Allow a qualifying patient or the qualifying patient's caregiver to remove from the premises unused medical cannabis, medical cannabis products, or paraphernalia that has been purchased from the retailer or internet retailer in accordance with the requirements and limits set forth in this chapter; provided, that the removed items are packaged in accordance with regulations issued pursuant to § 7-1671.13;

(D) Offer recorded or background music in the safe-use treatment facility.

(2) The holder of an internet retailer license shall not be eligible for a safe use treatment facility endorsement.

(b) A retailer with a safe-use treatment facility endorsement shall:

(1) Install security cameras that are operable and able to record for a minimum of 30 days;

(2) Display conspicuous warning labels that are visible to the qualifying patient and the qualifying patient's caregiver concerning administering medical cannabis and medical cannabis products;

(3) Destroy all unadministered medical cannabis left abandoned or unclaimed in the safe-use treatment facility; and

(4) Package and label all medical cannabis or medical cannabis products purchased to be administered on the premises of the safe-use treatment facility in accordance with regulations issued pursuant to § 7-1671.13.

(1) The area where medical cannabis is to be administered on-site by qualifying patients shall be isolated from the other areas of the retailer, separated by walls and a secure door, and shall have access only from the retailer;

(2) A smoke-free area for employees to monitor the safe-use treatment facility area; and

(3) A ventilation system that directs air from the safe-use treatment facility area to the outside of the building through a pollution control unit or odor control unit that, at a minimum, eliminates all detectable odor, smoke, and by-products of combustion so as to prevent any and all public nuisances.

(d) A retailer with a safe-use treatment facility endorsement shall not:

(1) Allow a person to consume alcohol, tobacco, or tobacco products in the safe-use treatment facility;

(2) Allow any member of the public other than a qualifying patient or the qualifying patient's caregiver to enter the safe-use treatment facility;

(3) Allow a person to bring into or administer in the safe-use treatment facility any medical cannabis or medical cannabis products that were not purchased at the retailer unless otherwise permitted by the ABC Board by rulemaking;

(4) Sell, offer to sell, or provide medical cannabis, medical cannabis products, or paraphernalia in excess of the quantity limits set forth in this chapter or regulations issued pursuant to § 7-1671.13;

(5) Encourage or permit an organized game or contest on the premises that involves consuming cannabis or cannabis products or the awarding of cannabis or cannabis products; or

(6) Advertise or promote, in any way, either on or off the premises, a practice prohibited under this section.

(e) An applicant for a safe-use treatment facility endorsement shall:

(1) Complete an application on a form the ABC Board prescribes by regulations issued pursuant to § 7-1671.13;

(2) Include with the application a ventilation proposal, which shall include information to address:

(A) The air change for the designated consumption space;

(B) The air change for common areas inside the retailer;

(D) The location of air intakes and exhaust outlets;

(E) Whether the designated consumption space area shares space with employee work areas; and

(F) Any other information considered necessary through rulemaking.

(f) The minimum initial application fee for the safe-use treatment facility endorsement shall be $1,000. The endorsement shall be valid for 3 years, with a minimum annual fee of $2,000.