Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-8 - Regulation of Dispensaries › Section 538-X-8-.04 - Requirements And Limitations As To Dispensaries Sites

Current through Register Vol. 42, No. 9, June 28, 2024
Dispensing sites must comply with the following:
(1)
Premises
. A "dispensing
			 site" as defined in Chapter 1 of these Rules may consist of a stand-alone
			 building or occupy dedicated exclusive space within a multi-use structure,
			 strip mall or other such retail facility, except that a dispensing site may not
			 occupy space within the same multi-use structure, strip mall or other such
			 retail facility as a certifying physician or another licensee. To the extent
			 that the dispensing site occupies space within a multi-use structure, strip
			 mall or other retail facility, the licensee must provide a verified plan
			 demonstrating that the space is reasonably secure from outside intrusion and
			 that the safety and privacy of patients and caregivers is fully supported and
			 monitored at all times during their visits to the dispensary (including in the
			 parking area outside the dispensing site, see 538-X-8-.O4-2). Other facilities
			 owned or leased and operated by a dispensary, such as a business office and a
			 warehouse, shall not be deemed a dispensing site, provided that no medical
			 cannabis products are offered for sale at such facilities.
(2)
Parking lot
. To the
			 extent that a dispensing site is housed in a stand-alone building, a dispensary
			 must maintain a parking area adjacent to its structure that shall be for the
			 exclusive use of patients and caregivers seeking to purchase medical cannabis
			 and related equipment and supplies; the parking area must be designed to
			 provide reasonable privacy to those individuals in their ingress and egress
			 from the dispensing site. Alternatively, if an exclusive parking area is not
			 feasible for the stand-alone dispensary site, the dispensary must maintain for
			 the exclusive use of patients and caregivers a designated portion of the
			 parking area that is situated conveniently to the dispensing site, and which
			 may be monitored and supported for the reasonable safety and security of
			 customer patients and caregivers. To the extent that a dispensing site is
			 housed in a multi-use structure, strip mall or other such retail facility, the
			 dispensary must maintain for the exclusive use of patients and caregivers a
			 designated portion of the parking area that is situated conveniently to the
			 dispensing site, and which may be monitored and supported for the reasonable
			 safety and security of customer patients and caregivers.
(3)
Restricted Proximity to School,
			 Daycare or Childcare Facility
.
(a)
			 The location of any dispensing site must be at least 1000 feet from any school,
			 day care, or childcare facility.
(b) For purposes of paragraph 3.a. of this
			 Rule, the following terms have the following meanings:
1. "At Least One Thousand Feet" shall mean at
			 least one thousand feet in a straight line from the property line of the
			 dispensing site premises to the property line of the school, daycare or
			 childcare facility, measured at the nearest possible point between the
			 two.
2. "School, Daycare or
			 Childcare Facility" shall mean the real property on which a public or private
			 school for students in any grade K-12 (not including a residence in which
			 school- age children are being home-schooled) has actively operated within the
			 last six months, or the real property on which a licensed daycare or childcare
			 facility has actively operated within the last six months.
3. "Premises" shall mean a stand-alone
			 structure housing a dispensing site, all portions of the real property where a
			 dispensing site operates, including but not limited to the parking lot and any
			 peripheral space outside the structure housing the dispensing site.