Sec.21a-408-39. Rights and responsibilities of dispensaries

(a) A dispensary, in good faith, may sell and dispense marijuana to any qualifying patient or primary caregiver that is registered with the department. Except as otherwise provided by sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies, the dispensary dispensing the marijuana shall include the date of dispensing and the dispensary's signature or initials on the dispensary facility’s dispensing record log. 

(b) All dispensaries shall register with the department to access the prescription monitoring program. 

(c) A dispensary shall review a qualifying patient’s controlled substance history report within the prescription monitoring program before dispensing any marijuana to the qualifying patient or the qualifying patient’s primary caregiver. 

(d) A dispensary shall exercise professional judgment to determine whether to dispense marijuana to a qualifying patient or primary caregiver if the dispensary suspects that dispensing marijuana to the qualifying patient or primary caregiver may have negative health or safety consequences for the qualifying patient or the public. 

(e) A dispensary may dispense a portion of a qualifying patient’s one-month supply of marijuana. The dispensary may dispense the remaining portion of the one-month supply of marijuana at any time except that no qualifying patient or primary caregiver shall receive more than a one-month supply of marijuana in a one-month period. 

(f) A dispensary, or dispensary technician, shall require the presentation of a registration certificate together with another valid photographic identification issued to a qualifying patient or primary caregiver, prior to selling marijuana to such qualifying patient or primary caregiver. 

(g) A dispensary shall document a qualifying patient’s self-assessment of the effects of marijuana in treating the qualifying patient’s debilitating medical condition or the symptoms thereof. A dispensary facility shall maintain such documentation electronically for at least three years following the date the patient ceases to designate the dispensary facility and such documentation shall be made available in accordance with section 21a-408-72 of the Regulations of Connecticut State Agencies. 

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