1. A. A dispensary that prepares, sells, or dispenses marijuana-infused edible food products shall:

   1. 1. Before preparing marijuana-infused edible food products, obtain a license or permit of the location as a food establishment, issued under 9 A.A.C. 8, Article 1, to prepare marijuana-infused edible food products;
   2. 2. If the dispensary prepares the marijuana-infused edible food products, ensure that the marijuana-infused edible food products are prepared according to the applicable requirements in 9 A.A.C. 8, Article 1;
   3. 3. If the marijuana-infused edible food products are not prepared at the dispensary, obtain and maintain at the dispensary a copy of the current license or permit as a food establishment, issued under 9 A.A.C. 8, Article 1, to prepare marijuana-infused edible food products from the dispensary or marijuana establishment that prepares the marijuana-infused edible products;

   4. 4. Before selling or dispensing marijuana-infused edible food products, obtain a license or permit of the location as a food establishment, issued under 9 A.A.C. 8, Article 1, to sell or dispense marijuana-infused edible food products that are either:

      1. a. A time/temperature control for safety food, or
      2. b. Not prepared in individually packaged containers; and
   5. 5. If a dispensary sells or dispenses marijuana-infused edible food products, ensure that the marijuana-infused edible food products are sold or dispensed according to applicable requirements in 9 A.A.C. 8, Article 1.
2. B. A dispensary is responsible for the content and quality of any edible food product sold or dispensed by the dispensary.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by final expedited rulemaking at 28 A.A.R. 2562 (September 30, 2022), with an immediate effective date of September 8, 2022 (Supp. 22-3).