Ariz. Admin. Code § 9-18-312

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-18-312 - Security

A. A marijuana establishment shall ensure that, if the marijuana establishment cultivates marijuana:

1. If cultivation takes place indoors, the marijuana is cultivated in a closed, locked room; and

2. If cultivation takes place outdoors, the location:

a. Is surrounded by solid, 10-foot walls that are constructed of metal, concrete, or stone that prevent viewing of the marijuana plants; and

b. Has a one-inch thick metal gate.

B. A marijuana establishment shall ensure that access to the marijuana establishment's cultivation site or manufacturing site or to the portion of the marijuana establishment's retail site where marijuana is cultivated, processed, manufactured, or stored is limited to the marijuana establishment's principal officers, board members, and authorized marijuana facility agents, unless the individual is supervised by a marijuana facility agent associated with the marijuana establishment.

C. A marijuana facility agent may transport marijuana, marijuana plants, and marijuana products between:

1. The marijuana establishment's retail site, cultivation site, or manufacturing site;

2. The marijuana establishment's retail site, cultivation site, or manufacturing site and another marijuana establishment;

3. The marijuana establishment's retail site, cultivation site, or manufacturing site and a dispensary with a dispensary registration certificate issued under 9 A.A.C. 17;

4. The marijuana establishment's retail site and a consumer:

a. Consistent with A.R.S. § 36-2854(D) and R9-18-312.01; and

b. If the owner of the property at the delivery address provided by the consumer, according to R9-18-312.01(B)(2)(c), has not posted or otherwise notified the marijuana establishment that no deliveries are allowed to the owner's property location; and

5. The marijuana establishment's retail site, cultivation site, or manufacturing site and a marijuana testing facility that has a marijuana testing facility license issued by the Department or a laboratory with a laboratory registration certificate issued under 9 A.A.C. 17, Article 4.

D. Before transportation, a marijuana facility agent of a marijuana establishment shall:

1. Complete a trip plan that includes:

a. The name of the marijuana facility agent in charge of transporting the marijuana, marijuana plants, or marijuana products;

b. The license plate number of the vehicle being used to transport the marijuana, marijuana plants, or marijuana products;

c. The date and start time of the trip;

d. A description of the marijuana, marijuana plants, or marijuana products being transported;

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

f. The anticipated route of transportation; and

2. Provide a copy of the trip plan in subsection (D)(1) to the marijuana establishment.

E. During transportation, a marijuana facility agent shall:

1. Carry a copy of the trip plan in subsection (D)(1) with the marijuana facility agent for the duration of the trip;

2. Use a vehicle that has a current registration with the Arizona Department of Motor Vehicles, issued according to A.R.S. Title 28, Chapter 7, Article 2:

a. Without any marijuana identification;

b. Equipped with a global positioning system or other means for the marijuana establishment to track the current location of the vehicle at any point in time;

c. Capable of providing electronic information about where the vehicle has been during at least the previous 90 days;

d. With operational video surveillance 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 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

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

3. Have a means of communication with the marijuana establishment;

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

5. Ensure that the marijuana, marijuana plants, or marijuana products are stored in the locked compartment specified in subsection (E)(2)(e) and are not visible.

F. After transportation, a marijuana facility agent shall:

1. Enter the end time of the trip and any changes to the trip plan on the trip plan required in subsection (D)(1), and

2. Ensure that the updated trip plan is provided to the marijuana establishment.

G. A marijuana establishment shall:

1. Maintain the documents required in subsection (D)(2) and (F) for at least two years after the date of the documentation;

2. If transporting a sample to a marijuana testing facility for testing, provide a copy of the trip plan in subsection (D)(1) to the marijuana testing facility; and

3. Provide a copy of the documents required in subsection (D)(2) and (F) to the Department for review upon request.

H. A marijuana establishment shall not transport marijuana, marijuana plants, or marijuana products to a consumer except as specified in R9-18-312.01.

I. To prevent unauthorized access to marijuana or a marijuana product at the marijuana establishment's retail site and, if applicable, the marijuana establishment's cultivation site or manufacturing site, the marijuana establishment 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 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 at each point of sale location within the marijuana establishment's retail site allowing for the identification of any consumer purchasing marijuana or a marijuana product;

v. A video camera in each grow room capable of identifying any activity occurring within the grow room in low light conditions;

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

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

viii. 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:

a. That provide for the identification of authorized individuals;

b. That deter unauthorized removal of marijuana or marijuana products from the premises, including:

i. Restricting access to the areas of the marijuana establishment's retail site where marijuana is cultivated, processed or stored and, if applicable, the marijuana establishment's cultivation site or manufacturing site; and

ii. Ensuring that an individual other than a principal officer, board member, or marijuana facility agent associated with the marijuana facility is supervised by a marijuana facility agent associated with the marijuana establishment when in an area specified in subsection (I)(2)(b)(i);

c. That prevent loitering;

d. For conducting electronic monitoring; and

e. For the use of a panic button.

Ariz. Admin. Code § R9-18-312

Adopted by final exempt rulemaking at 27 A.A.R. 111, effective 1/15/2021. Amended by exempt rulemaking at 27 A.A.R. 696, effective 5/1/2021. Amended by exempt rulemaking at 29 A.A.R. 2453, effective 10/1/2023. Amended by exempt rulemaking at 30 A.A.R. 3451, effective 11/1/2024.