§329D-1 Definitions. As used in this chapter: “Cannabis” shall have the same meaning as in section 329-121. “Caregiver of a qualifying out-of-state patient” shall have the same meaning as in section 329-121. “Department” means the department of health. “Dispense” or “dispensing” means the act of a licensed dispensary providing cannabis or manufactured cannabis products to […]
§329D-10 Types of manufactured cannabis products. (a) The types of medical cannabis products that may be manufactured and distributed pursuant to this chapter shall be limited to: (1) Capsules; (2) Lozenges; (3) Pills; (4) Oils and oil extracts; (5) Tinctures; (6) Ointments and skin lotions; (7) Transdermal patches; (8) Pre-filled and sealed containers used to […]
§329D-11 Advertising and packaging. (a) The department shall establish standards regarding the advertising and packaging of cannabis and manufactured cannabis products; provided that the standards, at a minimum, shall require the use of packaging that: (1) Is child-resistant and opaque so that the product cannot be seen from outside the packaging; (2) Uses only black […]
§329D-12 Background checks. (a) The following shall be subject to background checks conducted by the department or its designee, including but not limited to criminal history record checks in accordance with section 846-2.7: (1) Each applicant and licensee for a medical cannabis dispensary license, including the individual applicant and all officers, directors, members of a […]
§329D-13 Dispensing limits. (a) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of a qualifying out-of-state patient shall be allowed to purchase no more than four ounces of cannabis within a consecutive period of fifteen days, or no more than eight ounces of cannabis within a consecutive period of thirty days. (b) A […]
§329D-14 Prohibited acts related to exceeding limits; fraud; penalties. (a) It shall be unlawful for any person to obtain or attempt to procure any medical cannabis or medical cannabis product by: (1) Fraud, deceit, misrepresentation, embezzlement, or theft; (2) The forgery or alteration of a medical cannabis permit; (3) Furnishing fraudulent medical information or the […]
§329D-15 Criminal offense; unauthorized access to retail dispensing location. (a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis retail dispensing location unless the individual is: (1) An individual licensee or registered employee of the dispensary; (2) A qualifying patient, primary caregiver, qualifying out-of-state patient, or caregiver of […]
§329D-16 Criminal offense; unauthorized access to production centers. (a) No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis production center unless the person is: (1) An individual licensee or registered employee of the production center; (2) A government employee or official acting in the person’s official capacity; or […]
§329D-17 Prohibition of distribution of medical cannabis and medical cannabis products to minors; penalties. (a) A person commits the offense of promoting medical cannabis or medical cannabis products to a minor if the person intentionally or knowingly distributes any amount of cannabis or manufactured cannabis products that came from a dispensary or production center to […]
§329D-18 Diversion from dispensary or production center; penalties. (a) A person commits diversion from a dispensary or production center if the person is a licensee, operator, or employee of a dispensary or production center and intentionally or knowingly diverts to the person’s own use or other unauthorized or illegal use, or takes, makes away with, […]
§329D-19 Criminal offense; alteration or falsification of medical cannabis dispensary records. (a) A person commits the offense of alteration or falsification of medical cannabis dispensary records if the person intentionally or knowingly: (1) Makes or causes a false entry in medical cannabis dispensary records; (2) Alters, erases, obliterates, deletes, removes, or destroys a true entry […]
§329D-2 Medical cannabis dispensaries; authorized; licensure. (a) No person shall operate a medical cannabis dispensary unless the person has a license issued by the department pursuant to this chapter. (b) The director of health shall grant medical cannabis dispensary licenses to allow dispensaries to produce, manufacture, and dispense cannabis and manufactured cannabis products pursuant to […]
§329D-2.5 Office of medical cannabis control and regulation; established; duties. (a) There is established within the department the office of medical cannabis control and regulation, which shall report to the deputy director of health resources administration. (b) The office of medical cannabis control and regulation shall administer medical cannabis dispensary licensure and regulation, pursuant to […]
§329D-20 Law enforcement access to dispensary and production center records. Notwithstanding any other law, the department shall disclose information, documents, and other records regarding medical cannabis dispensaries and production centers, upon request, to any state, federal, or county agency engaged in the criminal investigation or prosecution of violations of applicable state, county, or federal laws […]
§329D-21 Revocation and suspension of licenses. (a) In addition to any other actions authorized by law, the department may deny, revoke, or suspend any license applied for or issued by the department, in accordance with this chapter, and to fine or otherwise discipline a licensee for any cause authorized by law, including but not limited […]
§329D-22 Medical cannabis zoning. (a) Medical cannabis production centers and dispensaries shall comply with all county zoning ordinances, rules, or regulations; provided that: (1) A medical cannabis production center shall be permitted in any area in which agricultural production is permitted except as provided within this chapter; and (2) No medical cannabis production center or […]
§329D-23 Annual inspections, audits, and reports. (a) Each medical cannabis production center and dispensary licensed pursuant to this part shall: (1) Be subject to an annual announced inspection and unlimited unannounced inspections of its operations by the department; provided that inspections for license renewals shall be unannounced; (2) Submit reports on at least a quarterly […]
§329D-24 Cultivation of medical cannabis by qualifying patients and primary caregivers. Nothing in this chapter shall be construed as prohibiting a qualifying patient or primary caregiver from cultivating or possessing an adequate supply of medical cannabis pursuant to part IX of chapter 329. A qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient […]
§329D-25 Coordination among state and federal agencies. The department shall initiate ongoing dialogue among relevant state and federal agencies to identify processes and policies that ensure the privacy of qualifying patients and qualifying out-of-state patients and the compliance of qualifying patients, primary caregivers, qualifying out-of-state patients, and caregivers of qualifying out-of-state patients and medical cannabis […]
§329D-26 Public education. (a) The department shall conduct a continuing education and training program to explain and clarify the purposes and requirements of this chapter or to provide substance abuse prevention and education. The program shall target community partner agencies, physicians and other health care providers, patients and caregivers, law enforcement agencies, law and policy […]
