Ariz. Admin. Code § 9-17-408

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-17-408 - Security

A. Except as provided in R9-17-404(8), a laboratory shall ensure that access to the area of the laboratory where marijuana or marijuana products are being tested or stored for testing is limited to a laboratory's owners and authorized laboratory agents.

B. A laboratory agent may only transport marijuana or marijuana products submitted for testing to a laboratory having a registry identification number issued under this Chapter.

C. Before transportation to a laboratory, a laboratory agent shall:

1. Complete a trip plan that includes:

a. The name of the laboratory agent in charge of transporting the marijuana or marijuana products;

b. The date and start time of the trip;

c. A description of the marijuana or marijuana products being transported;

d. Any anticipated stops during the trip, including the locations of the stops and arrival time and departure time for each location; and

e. The anticipated route of transportation; and

2. Provide a copy of the trip plan in subsection (C)(1) to the laboratory.

D. During transportation to the laboratory, a laboratory agent shall:

1. Carry a copy of the trip plan in subsection (C)(1) with the laboratory agent for the duration of the trip;

2. Use a vehicle:

a. Without any marijuana identification;

b. Equipped with a global positioning system or other means of tracking the location of the vehicle;

c. With an operational video surveillance system and recording equipment that:

i. Shows the interior of the vehicle, including the driver's seat and location of the marijuana, marijuana plants, or marijuana products being transported;

ii. Is turned on for the duration of a trip while medical marijuana or a marijuana product is in the vehicle; and

iii. Either stores the recording for at least 30 calendar days or transmits the recorded images at the time of recording to another location, where the recorded images are stored for at least 30 calendar days; and

d. With a locked compartment in which any marijuana or marijuana products being transported may be stored during a trip;

3. Have a means of communication with the laboratory; and

4. Notate the arrival time and departure time for each stop; and

5. Ensure that the marijuana or marijuana products are stored in the locked compartment specified in subsection (D)(2)(d) and are not visible.

E. After transportation, a laboratory agent shall enter the end time of the trip and any changes to the trip plan on the trip plan required in subsection (C)(1).

F. If a dispensary agent transports medical marijuana or a marijuana product to a laboratory for testing, the laboratory shall require that a copy of the trip plan be provided by the dispensary before accepting the medical marijuana or marijuana product for testing.

G. A laboratory shall:

1. Maintain the documents required in subsections (C)(2), (E), and (F); and

2. Provide a copy of the documents required in subsections (C)(2), (E), and (F) to the Department for review upon request.

H. To prevent unauthorized access to marijuana or marijuana products at the laboratory for testing, the laboratory shall have the following:

1. Security equipment to deter and prevent unauthorized entrance into limited access areas that include:

a. Devices or a series of devices to detect unauthorized intrusion, which may include a signal system interconnected with a radio frequency method, such as cellular, private radio signals, or other mechanical or electronic device;

b. Exterior lighting to facilitate surveillance;

c. Electronic monitoring including:

i. At least one 19-inch or greater call-up monitor;

ii. A video printer capable of immediately producing a clear still photo from any video camera image;

iii. Video cameras:

(1) Providing coverage of all entrances to and exits from limited access areas and all entrances to and exits from the building, capable of identifying any activity occurring in or adjacent to the building; and

(2) Having a recording resolution of at least 704 x 480 or the equivalent;

iv. A video camera in each area of the laboratory where marijuana or marijuana products are being tested or stored for testing capable of identifying any activity occurring within the area in low light conditions;

v. Storage of video recordings from the video cameras for at least 30 calendar days;

vi. A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system; and

vii. Sufficient battery backup for video cameras and recording equipment to support at least five minutes of recording in the event of a power outage; and

d. Panic buttons in the interior of each building; and

2. Policies and procedures that:

a. Restrict access to the areas of the laboratory that contain marijuana or marijuana products and, if applicable, to authorized individuals only;

b. Provide for the identification of authorized individuals; and

c. Prevent loitering.

Ariz. Admin. Code § R9-17-408

Adopted by final exempt rulemaking at 25 A.A.R. 2421, effective 8/27/2019. Amended by final exempt rulemaking at 26 A.A.R. 734, effective 4/2/2020. Amended by final rulemaking at 29 A.A.R. 2396, effective 10/1/2023.