1. (a) The dispensing of cannabis or CIP shall meet the requirements of this section.
2. (b) Only ATC technicians shall be permitted to dispense cannabis or CIP.

3. (c) Cannabis or CIP shall be dispensed only to those qualifying patients, designated caregivers, and visiting qualifying patients who have been positively identified, as follows:

   1. (1) A qualifying patient or designated caregiver shall produce their active registry identification card, or the equivalent for visiting qualifying patients, and valid, non-expired proof of identification;

   2. (2) Valid proof of identification shall be limited to one of the following, which contains the person’s name, photograph, and date of birth:

      1. a. A driver’s license;
      2. b. A government-issued identification card;
      3. c. A military identification card; or
      4. d. A passport;
   3. (3) The documents in (1) and (2) above shall show the same name and date of birth;
   4. (4) For visiting qualifying patients, copies of the documents in (1) and (2) above shall be maintained by the ATC; and
   5. (5) The ATC technician shall verify that the qualifying patient or designated caregiver’s registry identification number is on the list of active registry identification numbers provided to the ATC and updated by the department in accordance with He-C 402.10(p).
4. (d) The ATC shall not dispense cannabis or CIP to a qualifying patient who is a minor. Instead, cannabis or CIP intended for a minor qualifying patient shall only be dispensed to the patient’s designated caregiver.

5. (e) The ATC shall limit the amount of cannabis or CIP dispensed to a qualifying patient, or through their designated caregiver, or to a visiting qualifying patient, as follows:

   1. (1) A qualifying patient or a visiting qualifying patient shall not obtain more than 2 ounces of usable cannabis during any 10-day period;
   2. (2) The ATC technician shall consult the ATC’s records to verify that the dispensing of the cannabis would not cause the qualifying patient or visiting qualifying patient to receive more cannabis than is permitted in (1) above;

   3. (3) The ATC technician shall document each dispensing of cannabis or CIP by maintaining a transaction record that includes, at a minimum:

      1. a. The date, time, and amount of cannabis or CIP dispensed and amount paid;
      2. b. The type, strain, and batch number of cannabis or CIP dispensed;
      3. c. The registry identification number of the qualifying patient and that of the designated caregiver if dispensed to the caregiver, or of the visiting qualifying patient; and
      4. d. The name of the ATC technician who performed the transaction; and
   4. (4) The ATC shall provide the qualifying patient or designated caregiver with information about the patient’s remaining allotment of usable cannabis as of the date of purchase.
6. (f) When dispensing cannabis or CIP, an ATC shall follow any instructions or recommendations provided by the qualifying patient’s certifying provider in accordance with He-C 401.06(b)(6). An ATC may, with the patient’s signed authorization, communicate with the patient’s certifying provider in order to solicit and receive updated written dispensing recommendations or instructions.

7. (g) With each dispensing of cannabis or CIP, the ATC shall make available to the qualifying patient, designated caregiver, or visiting qualifying patient, at a minimum:

   1. (1) The educational materials described in He-C 402.21; and
   2. (2) Upon request, a list of cannabis and CIP purchases, including the amount of usable cannabis dispensed, by date, to help ensure that they do not obtain more than 2 ounces of cannabis from any ATC in any 10-day period.
8. (h) An ATC technician who is also a designated caregiver or qualifying patient shall not dispense cannabis to themselves.

9. (i) An ATC shall maintain and implement a policy on dispensing cannabis to designated caregivers that includes:

   1. (1) Procedures for a qualifying patient to elect to be contacted by the ATC when the ATC dispenses cannabis to the patient’s caregiver in order to confirm that the cannabis purchased by the caregiver was received by the patient;

   2. (2) Procedures that:

      1. a. If the patient elects to be contacted by the ATC, allow the patient to choose the frequency of contact;
      2. b. Account for patients who themselves do not access the dispensary; and
      3. c. Allow for exceptions for minor patients and incapacitated patients who may not be able to make such an election; and
   3. (3) Maintenance of documentation of compliance.

10. (j) The following shall apply to the dispensing of cannabis and CIP to a visiting qualifying patient:

    1. (1) An ATC shall develop and implement written policies and operating procedures relative to dispensing cannabis and CIP to visiting qualifying patients, including procedures for verification of out-of-state registry identification cards, dispensing, and record keeping;

    2. (2) An ATC shall verify a visiting qualifying patient’s registry identification card, or equivalent, as follows:

       1. a. The registry identification card shall:

          1. 1. Be issued by another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes;
          2. 2. Show dates that indicate that it is effective and not expired;
          3. 3. Show the same name and date of birth as the valid proof of identification required in (c)(2) above;
          4. 4. Match the format, design, and security features of registry identification cards issued in the jurisdiction of issuance; and
          5. 5. Not be a picture of a registry identification card;
       2. b. An ATC shall not dispense to a visiting qualifying patient if the registry identification card produced does not meet the requirements in a. above; and
       3. c. An ATC shall not be required to dispense to a visiting qualifying patient if the authenticity of the registry identification card produced is in question;
    3. (3) An ATC shall use the registry identification number that appears on the visiting qualifying patient’s registry identification card, or equivalent, for the purposes of dispensing and record keeping, except that if the verified registry identification card, or equivalent, does not contain a registry identification number then the ATC shall issue the equivalent of a registry identification number that matches the number that is on the proof of identification required in (c)(2) above;
    4. (4) An ATC shall not dispense to a visiting qualifying patient’s designated caregiver;

    5. (5) An ATC may dispense to a visiting qualifying patient who is a minor, as follows:

       1. a. The minor visiting qualifying patient shall be accompanied by the minor’s parent or legal guardian;
       2. b. The parent or legal guardian shall produce valid proof of identification required in (c)(2) above; and

       3. c. If the minor visiting qualifying patient cannot also produce valid proof of identification required in (c)(2) above, then:

          1. 1. The requirement in (2)a.3. above shall not apply; and
          2. 2. The requirement in (3) above shall apply relative to the proof of identification produced by the minor’s parent or legal guardian; and

    6. (6) Requirements in the following sections that apply to qualifying patients shall also apply to visiting qualifying patients:

       1. a. He-C 402.19, Packaging and Labeling Requirements;
       2. b. He-C 402.21, Educational Requirements; and
       3. c. He-C 402.25, Confidentiality.

11. (k) An ATC may dispense cannabis and CIP via curbside pickup, as follows:

    1. (1) An ATC may elect to offer curbside pickup to qualifying patients, designated caregivers, and visiting qualifying patients;
    2. (2) If elected, curbside pickup shall be made available on a case-by-case basis to assist individuals with an ongoing or temporary need, such as a health, illness, or mobility issue, which reasonably prevents access into the registered premises of the dispensary location;

    3. (3) An ATC shall develop, implement, and maintain policies and procedures necessary for curbside pickup, to include, but not be limited to:

       1. a. Requirements for a signed and dated attestation of need by the patient or caregiver, to be maintained by the ATC;
       2. b. Requirements for designated parking spaces immediately adjacent to the registered premises, or an alternative plan submitted to the department that achieves a similar level of security and safety; and
       3. c. Transaction security and safety measures consistent with existing rules on dispensing cannabis, including the verification of the patient or caregiver’s identity and the creation and maintenance of a video recording of patient or caregiver identification verification and monetary and product transactions between the ATC technician and the patient or caregiver; and
    4. (4) Curbside pickup shall be subject to restrictions and requirements which may be established by the local municipality.

Source. #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23; ss by #14386, eff 10-1-25, EXPIRES: 10-1-35