Sec.21a-408-35. Operation of dispensary facility

(a) No person may operate a dispensary facility without a dispensary facility license issued by the department. 

(b) A dispensary facility shall not dispense marijuana from, obtain marijuana from, or transfer marijuana to, a location outside of the state of Connecticut. 

(c) A dispensary facility shall not obtain, cultivate, deliver, transfer, transport, sell or dispense marijuana except: 

(1) It may acquire marijuana from a producer; 

(2) It may dispense and sell marijuana to a qualifying patient or primary caregiver registered to their facility and who is registered with the department pursuant to the Act and section 21a-408-6 of the Regulations of Connecticut State Agencies; 

(3) It may dispense or sell to a research program subject pursuant to the protocols of a research program approved by the commissioner under section 21a-408t of the Connecticut General Statutes; 

(4) It may transfer, distribute, deliver, transport or sell to a research program employee pursuant to the protocols of a research program approved by the commissioner under section 21a-408t of the Connecticut General Statutes; 

(5) It may transfer, distribute, deliver or transport to a hospice or other inpatient care facility licensed by the Department of Public Health that has a protocol for handling and distributing marijuana that has been approved by the department; and 

(6) It may transfer, distribute, deliver or transport to an approved laboratory. 

(d) No person at a dispensary facility shall provide marijuana samples or engage in marijuana compounding, except that a dispensary may dilute a medical marijuana product with a USP grade substance with no active ingredient for the purposes of dose titration, tapering, for the addition of a flavoring agent, as defined in section 20-617a of the Connecticut General Statues, or to create a maintenance dose that is not available from any producer at the time of purchase. When diluting a medical marijuana product, the dispensary shall use the entire contents of the medical marijuana product being purchased and label the newly diluted product with the appropriate strength. A record of the dilution of the product, including the lot number and expiration for both the medical marijuana product and the inactive ingredient shall be maintained and available in accordance with section 21a-408-72 of the Regulations of Connecticut State Agencies. 

(e) A dispensary facility shall sell marijuana products only in the original child-resistant, sealed containers or packaging as delivered by the producer, except that a dispensary: 

(1) That dilutes a medical marijuana product pursuant to subsection (d) of this section may place any such diluted product in new packaging so long as such packaging is child-resistant, tamper-resistant and light-resistant. A package shall be deemed child-resistant if it satisfies the standard for “special packaging” as set forth in the Poison Prevention Packaging Act of 1970 Regulations, 16 CFR 1700.1(b)(4); or 

(2) May remove the marijuana product from the producer’s child-resistant container or package and place the marijuana product in a non-child-resistant, secure and light-resistant container upon a written request from the qualifying patient or primary caregiver so long as all original labeling is maintained with the product. 

(f) Only a dispensary may dispense marijuana, and only a dispensary or dispensary technician may sell marijuana, to qualifying patients, primary caregivers or research program subjects who are registered with the department pursuant to the Act and section 21a-408-6 of the Regulations of Connecticut State Agencies. A dispensary technician may assist, under the direct supervision of a dispensary, in the dispensing of marijuana. 

(g) A dispensary facility shall place all products sold to the qualifying patient or primary caregiver in an opaque package that shall not indicate the contents of the package, the originating facility or in any other way cause another person to believe that the package may contain marijuana. 

(h) A dispensary facility shall not permit any person to enter the dispensary department unless: 

(1) Such person is licensed or registered by the department pursuant to 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies; 

(2) Such person’s responsibilities necessitate access to the dispensary department and then for only as long as necessary to perform the person’s job duties; or 

(3) Such person has a patient or caregiver registration certificate, in which case such person shall not be permitted behind the service counter or in other areas where marijuana is stored. 

(i) All dispensary facility employees shall, at all times while at the dispensary facility, have their current dispensary license, dispensary technician registration or dispensary facility employee registration available for inspection by the commissioner. 

(j) While inside the dispensary facility, all dispensary facility employees shall wear name tags or similar forms of identification that clearly identify them to the public, including their position at the dispensary facility. 

(k) A dispensary department shall be open for qualifying patients and primary caregivers to purchase marijuana products for a minimum of thirty-five hours a week, except as otherwise authorized by the commissioner. 

(l) A dispensary department that closes during its normal hours of operation shall implement procedures to notify qualifying patients and primary caregivers of when the dispensary department will resume normal hours of operation. Such procedures may include, but are not limited to, telephone system messages and conspicuously posted signs. If the dispensary department is, or will be, closed during its normal hours of operation for longer than two business days, the dispensary facility shall immediately notify the department. 

(m) A dispensary facility that operates at times when the dispensary department is closed shall: 

(1) Conspicuously post the hours of operation of the dispensary department at all entrances to the dispensary facility in block letters at least one-half inch in height; and 

(2) Clearly state the hours of operation of the dispensary department in all advertising for the specific dispensary department or dispensary facility. 

(n) A dispensary facility shall make publicly available the price of all marijuana products offered by the dispensary facility to prospective qualifying patients and primary caregivers. Such disclosure may include posting the information on the dispensary facility Internet web site. 

(o) A dispensary facility shall provide information to qualifying patients and primary caregivers regarding the possession and use of marijuana. The dispensary facility manager shall submit all informational material to the commissioner for approval prior to being provided to qualifying patients and primary caregivers. Such informational material shall include information related to: 

(1) Limitations on the right to possess and use marijuana pursuant to the Act and sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies; 

(2) Safe techniques for proper use of marijuana and paraphernalia; 

(3) Alternative methods and forms of consumption or inhalation by which one can use marijuana; 

(4) Signs and symptoms of substance abuse; and 

(5) Opportunities to participate in substance abuse programs. 

(p) The dispensary facility shall establish, implement and adhere to a written alcohol-free, drug-free and smoke-free work place policy, which shall be available to the department upon request. 

(q) All deliveries from producers shall be carried out under the direct supervision of a dispensary who shall be present to accept the delivery. Upon delivery, the marijuana shall immediately be placed in an approved safe or approved vault within the dispensary department where marijuana is stored. 

(Effective September 6, 2013; Amended August 28, 2018)