Section 20-2A-64
Dispensary licensing.
(a)(1) A dispensary license authorizes all of the following:
a. The purchase or transfer of medical cannabis from a processor.
b. If a cultivator contracted with a processor to process its cannabis into medical cannabis on the cultivator's behalf, the purchase or transfer of medical cannabis from the cultivator.
c. The purchase or transfer of medical cannabis from an integrated facility.
d. The dispensing and sale of medical cannabis only to a registered qualified patient or registered caregiver.
(2) A dispensary license authorizes the dispensary to transfer medical cannabis only by means of a secure transporter, including transport between its dispensing sites.
(b) The commission shall issue no more than four dispensary licenses.
(c) A dispensary license authorizes the dispensary to transfer medical cannabis to or from a state testing laboratory for testing by means of a secure transporter.
(d) A licensed dispensary shall comply with all of the following:
(1) Each dispensing site must be located at least one thousand feet from any school, day care, or child care facility.
(2) Each dispensing site must be equipped with surveillance cameras that are focused on each point of entry and that operate on a continuous basis. The dispensary must maintain surveillance records for a minimum of 60 days following the date of recording.
(3) Sell and dispense medical cannabis at a dispensing site to a registered qualified patient or registered caregiver only after it has been tested and bears the label required for retail sale.
(4) Enter all transactions, current inventory, and other information into the statewide seed-to-sale tracking system as required in Section 20-2A-54.
(5) Only allow dispensing of medical cannabis by certified dispensers, as provided in subsection (e).
(6) Not allow the use of medical cannabis products on the premises.
(7) Only allow registered qualified patients and registered caregivers on the premises.
(e) (1) As used in this subsection, certified dispenser means an employee of a dispensary who dispenses medical cannabis to a registered qualified patient or registered caregiver and who has been trained and certified by the commission.
(2) The commission shall establish and administer a training program for dispensers that addresses proper dispensing procedures, including the requirements of this subsection, and other topics relating to public health and safety and preventing abuse and diversion of medical cannabis. The commission shall certify trained dispensers and may require, as a qualification to remain certified, periodic training.
(3) A certified dispensary shall comply with all of the following:
a. Before dispensing medical cannabis, inquire of the patient registry to confirm that the patient or caregiver holds a valid, current, unexpired, and unrevoked medical cannabis card and that the dispensing of medical cannabis conforms to the type and amount recommended in the physician certification and will not exceed the 60-day daily dosage purchasing limit.
b. Enter into the patient registry the date, time, amount, and type of medical cannabis dispensed.
c. Comply with any additional requirements established by the commission by rule.
(4) The commission shall adopt rules to implement this subsection.
(f) A licensee may operate up to three dispensing sites, each of which must be located in a different county from any other dispensing site; provided, however, the commission may authorize a licensee to operate a greater number of dispensing sites if, at least one year after the date when the maximum number of total dispensing sites authorized under this section and Section 20-2A-67 are operating, the commission determines that the patient pool has reached a sufficient level to justify an additional dispensing site in an underserved or unserved area of the state. Notwithstanding the foregoing, a licensee may not operate any 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 subsection (c) of Section 20-2A-51.
(Act 2021-450, §1.)