Section He-C 402.20 - Dispensing Cannabis or CIP(a) The dispensing of cannabis or CIP shall meet the requirements of this section.(b) Only ATC technicians shall be permitted to dispense cannabis.(c) Cannabis or CIP shall be dispensed only to those qualifying patients and designated caregivers who have been positively identified, as follows: (1) A qualifying patient or designated caregiver shall produce his or her active registry identification card and valid proof of identification;(2) Valid proof of identification shall be limited to one of the following, which contains the person's name, photograph, and date of birth: b. A government-issued identification card;c. A military identification card; or(3) The ATC technician shall verify that the qualifying patient or designated caregiver's registry identification number is on the list of active registry identification numbers provided to the ATC and updated by the department in accordance with He-C 401.10(p) .(d) The ATC shall not dispense cannabis or CIP to a qualifying patient who is a minor. Instead, cannabis or CIP intended for a minor qualifying patient shall only be dispensed to the patient's designated caregiver.(e) The ATC shall limit the amount of cannabis or CIP dispensed to a qualifying patient, or through his or her designated caregiver, as follows: (1) A qualifying patient shall not obtain more than 2 ounces of usable cannabis during any 10-day period, including if a qualifying patient has newly registered with a different ATC;(2) The ATC technician shall consult the ATC's records to verify that the dispensing of the cannabis would not cause the qualifying patient to receive more cannabis than is permitted in (1) above; and(3) The ATC technician shall document each dispensing of cannabis or CIP by maintaining a transaction record that includes, at a minimum: a. The date, time, and amount of cannabis or CIP dispensed and amount paid;b. The type, strain, and batch number of cannabis or CIP dispensed;c. The registry identification number of the qualifying patient and the designated caregiver, as applicable; andd. The name of the ATC technician who performed the transaction. (f) When dispensing cannabis or CIP, an ATC shall follow any instructions or recommendations provided by the qualifying patient's certifying provider in accordance with He-C 401.06(b) (8) .(g) With each dispensing of cannabis or CIP, the ATC shall make available to the qualifying patient or designated caregiver, at a minimum, the educational materials described in He-C 402.21.(h) An ATC shall not dispense cannabis or CIP to a visiting qualifying patient.(i) An ATC technician who is also a designated caregiver or qualifying patient shall not dispense cannabis to him or herself.(j) An ATC shall maintain and implement a policy on dispensing cannabis to designated caregivers that includes:(1) Procedures for contacting the qualifying patient upon the first dispensing to the patient's caregiver in order to confirm that the cannabis and CIP purchased by the caregiver was received by the patient;(2) Procedures for periodically contacting the patient upon subsequent purchases to confirm the information in (1) above;(3) Exceptions related to minor patients and incapacitated patients who may not be able to confirm this information; and(4) Maintenance of documentation of compliance.N.H. Admin. Code § He-C 402.20
Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014.Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.