Ala. Admin. Code r. 538-X-9-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 538-X-9-.02 - [Effective until 11/14/2024] Licensing And Regulation Of Medical Cannabis As To Integrated Facilities(1)License Required. Integrated Facilities are required to be licensed as set forth in Rule 538-X-3-.03 of Chapter 3 of these Rules.(2)Number of Licenses to Be Issued by the Commission. In accordance with § 20-2A-67(b), Code of Ala. 1975, (as amended), the Commission shall issue no more than five Integrated Facility licenses, which will be awarded based on merit, need, and other factors identified generally and specifically by the Act and these Rules. (See § 20-2A-51, Code of Ala. 1975, (as amended)).(3)Number of Dispensing Sites That May Be Operated by Integrated Facility Licensee. (a) An Integrated Facility licensee may operate up to five dispensing sites, each of which must be located in a different county from any other dispensing site operated by the same licensee.(b) Notwithstanding the foregoing, if at least one year has passed after the date in which the maximum number of dispensing sites allowable by this Chapter are operating, the Commission may authorize an Integrated Facility licensee to operate a greater number of dispensing sites if the patient pool has reached a sufficient level to justify an additional dispensing site in an underserved or unserved area of the state.(c) This paragraph shall not be construed to limit the wholesale distribution of medical cannabis from an integrated facility licensee to dispensary licensees.(4)Authority and Duties. A license to operate as an Integrated Facility authorizes the following: (a) The cultivation of cannabis.(b) The processing of cannabis into medical cannabis, which shall include properly packaging and labeling medical cannabis products, in accordance with § 20-2A-63(d), Code of Ala. 1975, (as amended), Rule 538-X-6-.05 of Chapter 6 of these Rules, and this Chapter.(c) The dispensing and sale of medical cannabis only to a registered qualified patient or registered caregiver.(d) The transport of cannabis or medical cannabis between its facilities.(e) The sale or transfer of medical cannabis to a dispensary.(f) Pursuant to § 20-2A-67(c), Code of Ala. 1975, (as amended), an Integrated Facility licensee shall have the same authorizations granted to, and shall comply with all requirements for, cultivators, processors, secure transporters, and dispensaries, in addition to any other authorizations or requirements under the Act or as established by rule by the Commission. This includes: 1. Licensees generally under Chapters 3 and 4 of these Rules.2. Cultivators under the Rules for Medical Cannabis Cultivation provided by the Department at Administrative Code 80-14-1-.01, et seq. (and, to the extent applicable, these Rules).3. Processors under Chapter 6 of these Rules.4. Secure Transporters under Chapter 7 of these Rules.5. Dispensaries under Chapter 8 of these Rules.(5)Restrictions. (a) A license to operate as an Integrated Facility does not authorize the Integrated Facility to; 1. Transport cannabis or medical cannabis on behalf of a secure transporter, to or from another licensee facility, or to a patient or caregiver.2. Cultivate or Process cannabis on behalf of another Integrated Facility.3. Dispense or sell medical cannabis on behalf of a Dispensary Licensee or another Integrated Facility.(b) An Integrated Facility may not perform the functions of a State Testing Laboratory as defined in the Act and these Rules.(c) Under no circumstances may an Integrated Facility operate a dispensing site in the unincorporated area of a county or in a municipality that has not adopted a resolution or ordinance authorizing the operation of dispensing sites under § 20-2A-51(c), Code of Ala. 1975, (as amended).Ala. Admin. Code r. 538-X-9-.02
Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.Author: William H. Webster
Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.