Ariz. Admin. Code § 9-18-312.01

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

Section R9-18-312.01 - Delivery to Consumers

A. In addition to the requirements in R9-18-312(E)(2), for any vehicles used for delivery to a consumer, a marijuana establishment shall:

1. Maintain a list of the vehicles used for delivery to a consumer, including the make, model, and license plate number of the vehicle;

2. Keep a daily log of vehicle usage, including the date, time period of usage, and retail price of the marijuana, marijuana plants, or marijuana products transported during a trip; and

3. Make a vehicle used for delivery to a consumer available at the retail location for the Department's inspection, within two hours after a Department request.

B. A marijuana establishment shall ensure that no marijuana, marijuana plants, or marijuana products are transported to a consumer unless:

1. The marijuana establishment's retail site has received an order for delivery of the marijuana, marijuana plants, or marijuana products from the consumer during the retail site's regular hours of operation, as posted according to R9-18-308(A)(15);

2. The consumer provides:

a. The consumer's name and date of birth;

b. The identifying number on the document that will be used to verify the consumer's age upon delivery; and

c. The property address of the building and, if applicable, an apartment number for the delivery;

3. A marijuana facility agent at the marijuana establishment's retail site documents the order and includes:

a. The date and time of the order;

b. The name of the marijuana facility agent taking the order;

c. The consumer's name, date of birth, identifying number on the document that will be used to verify the consumer's age, and delivery address;

d. The amount and retail price of the marijuana, marijuana plants, or marijuana products ordered; and

e. The total retail price of the marijuana, marijuana plants, or marijuana products in the order;

4. A copy of the order is attached to the trip plan required in R9-18-312(D)(1);

5. The delivery originates at the marijuana establishment's retail site; and

6. Before transferring the delivered marijuana, marijuana plants, or marijuana products to the consumer, the marijuana facility agent providing delivery of the marijuana, marijuana plants, or marijuana products:

a. Ensures that the individual wanting to accept delivery is the ordering consumer,

b. Verifies the identity and age of the consumer according to the requirements in R9-18-309(A)(1),

c. Complies with the requirements in R9-18-309(A)(2) and (3), and

d. Obtains the hand-written signature of the consumer on the order.

C. When transporting marijuana, marijuana plants, or marijuana products for delivery to a consumer, a marijuana establishment shall ensure that:

1. No delivery is made to any property owned or leased by the United States, this state, a political subdivision of this state, or the Arizona board of regents;

2. No delivery is made to any property address for which the property's owner has informed the marijuana establishment that delivery to a consumer is not permitted at the address;

3. No more than a total retail price of $10,000 of marijuana, marijuana plants, and marijuana products for delivery to a consumer is in a vehicle providing transportation for delivery; and

4. Only marijuana, marijuana plants, or marijuana products associated with one or more orders made according to subsection (B)(1) are in a vehicle providing delivery to a consumer.

D. A marijuana establishment shall ensure that a marijuana facility agent providing delivery:

1. Returns to the marijuana establishment's retail site at the completion of the trip plan if any marijuana, marijuana plants, or marijuana products associated with one or more orders made according to subsection (B)(1) have not been transferred to the ordering consumer and remain in the vehicle; and

2. Does not pick up or otherwise receive marijuana, marijuana plants, or marijuana products from a consumer for transport to the marijuana establishment once a delivery has been completed according to subsection (B)(7).

Ariz. Admin. Code § R9-18-312.01

New Section made by exempt rulemaking at 30 A.A.R. 3451, effective 11/1/2024.