reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.10 - Application For Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
Licenses may be renewed by filing an Application for Renewal of
				License (forms available on the Commission's website) and paying the
				appropriate application fee as set forth in the Commission's schedule of fees.
				The application fee must be paid at the time the Application for Renewal is
				filed, or the Commission will not process the application. Applications for
				Renewal of License must be filed not more than 60 days before the date of the
				license expiration to ensure timely renewal of license and are delinquent if
				not filed on or before the date of license expiration.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.11 - Notification To Apply For Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission will notify licensees electronically of the need
				to file an Application for Renewal not more than 60 days prior to the date of
				license expiration.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.12 - Expiration Of Licenses; Delinquent License Renewal; Failure To Apply For Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Licenses under the Act and these Rules expire one year from the date of
			 issuance.
(2) A licensee who fails
			 to file an Application for Renewal of License on or before the date of
			 expiration (delinquent) may continue to operate for a period of not more than
			 sixty (60) days. A licensee filing an untimely application for renewal during
			 the sixty days after the expiration date shall be assessed an application fee,
			 a renewal license fee, and a per-day penalty equal to 10 times the daily cost
			 of the license fee.
(3) Although
			 the Commission will make effort to expedite a late-filed Application for
			 Renewal, a licensee is prohibited from operating without a valid license and
			 must cease operations pending renewal of its license in the event the license
			 is not renewed on or before sixty days after the license expiration date, and
			 the Commission is not responsible for any loss suffered by a licensee for
			 inability to operate beyond sixty (60) days after the license expiration date
			 based on an untimely Application for Renewal.
(4) A licensee that fails to file an
			 Application for Renewal of License until after expiration of the license must
			 cease operations if the license is not renewed within sixty (60) days after the
			 license expiration date. If the license is renewed after the sixtieth day from
			 the date of expiration, the licensee may then resume operations.
(5) Filing an untimely license renewal
			 application does not change the expiration date of the licensee's license for
			 the subsequent year. The licensee is responsible for filing a license renewal
			 application and paying all appropriate fees one year from the date the previous
			 year's license expired.
(6) If a
			 licensee fails to file an Application for Renewal of License on or before the
			 sixtieth day after the date of its license expiration, its license is revoked,
			 and the licensee shall pay a per-day penalty equal to 10 times the daily cost
			 of the license fee for each day in which the licensee continued to operate. To
			 be reinstated, the former licensee must reapply to the Commission, subject
			 itself to the rigors of the application process, and compete for licensing in
			 the same way as other prospective licensees.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.13 - License Renewal Process And Procedures; Use Of Independent Third Party Consultants

Current through Register Vol. 42, No. 9, June 28, 2024
The license renewal process is not meant to be onerous, but it
				provides a checkpoint to ensure that licensees are continuing to operate in
				accordance with the Act, these Rules, and the licensee's representations to the
				Commission in the License Application, as amended. License renewal may be
				overseen by the Commission, one or more independent third-party consultants, or
				both.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.14 - License Renewal Fee

Current through Register Vol. 42, No. 9, June 28, 2024
License Renewal Fees shall be assessed as set forth in the
				Commission's Schedule of Fees applicable to the category of license being
				renewed at the time of filing the Application for Renewal. License Renewal fees
				are due and may be paid at the time of filing the Application for Renewal, but
				such fees must be paid within sixty (60) days after the license expiration
				date, or the renewed license will not be issued.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.15 - Non-Renewal Of Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Voluntary Non-Renewal
(a) A
			 licensee may choose not to renew its license by filing a Notification of
			 Voluntary Nonrenewal with the Commission on or before the date of license
			 expiration.
(b) A licensee who
			 fails to file a Notification of Voluntary Nonrenewal by the date of license
			 expiration may continue to operate for a period of not more than sixty (60)
			 days. A licensee who files an untimely Notification of Voluntary Nonrenewal, or
			 who fails to file such notice during the sixty days after the date of license
			 expiration, shall be assessed a per-day penalty, equal to 10 times the daily
			 cost of the license fee, for each day after the date of license expiration in
			 which the Notification of Nonrenewal is not filed.
(c) A licensee, upon filing a Notification of
			 Voluntary Nonrenewal, shall cease its operations. The Commission shall, within
			 30 days of receipt of a Notification of Voluntary Nonrenewal, issue the
			 licensee a notification of non-renewal.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.16 - Transfer Of Licenses; Change Of Ownership

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A license under the Act and these Rules
			 is a privilege and not a right. A license under these Rules is a representation
			 of the Commission's trust in the licensee's commitment to participate in the
			 provision of medical cannabis for the benefit of the citizens of this state;
			 the license issued is therefore exclusive and unique to each licensee and is
			 not a commodity to be freely traded nor the property of the licensee to be
			 freely sold, purchased, or otherwise transferred for monetary or other gain
			 without the express permission of the Commission, regardless of any scheme,
			 device or artifice that may be employed in an attempt to legitimize the
			 licensee's or transferee's efforts to do so. (See §
								20-2A-58(a),
Code of Ala. 1975
, (as amended)).
(2) Assumption by the would-be successor of
			 the licensee's real or personal property, equipment and supplies,
			 responsibility for personnel, or operations, in no way constitutes a valid
			 transfer that will exempt the would-be successor from an obligation to seek the
			 permission of the Commission and/or to obtain its own license.
(3) Except upon the express written
			 permission of the Commission in response to a written application {including
			 nonrefundable application fee) by the licensee given with no less than 60 days'
			 notice prior to the proposed date, a licensee shall not attempt to, nor shall
			 it:
(a) transfer, sell, lease, assign, merge,
			 cede, gift, delegate, convert, or otherwise turn over its license, to another
			 individual, group of individuals, entity, or group of entities; or
(b) within any 36-month period, effect or
			 allow its owners to transfer, sell, lease, assign, merge, cede, gift, delegate,
			 convert, or otherwise turn over more than 35% of its stock (voting, nonvoting,
			 or both), ownership or controlling interest to another individual, group of
			 individuals, entity, or group of entities; or
(c) assume the business or any part of the
			 operations of a licensee or former licensee.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.17 - Marketing And Advertising

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For
			 purposes of this rule, "advertisement" means any written or verbal statement,
			 illustration, or depiction created to induce sales through the use of or a
			 combination of letters, pictures, objects, sounds, lighting effects,
			 illustrations, or other similar means. An "advertisement" includes but is not
			 limited to brochures, promotional and other marketing materials. Any
			 advertisement likely to reach or appeal to minors is prohibited.
(2) The state of Alabama has a compelling
			 interest in ensuring that any advertising or marketing campaign related to or
			 involving medical cannabis does not encourage, promote, or otherwise create any
			 impression that cannabis is legal, therapeutic, or beneficial, except as
			 specifically authorized by the Act and these Rules.
(3) A licensee shall not use a name, logo,
			 sign, advertisement, or other marketing campaign or program unless the same,
			 including all related materials, have been submitted to the Commission
			 Materials that must be submitted to the Commission shall include, but are not
			 limited to, the following:
(a) To the extent
			 possible, the name, logo, sign, advertisement or other marketing campaign or
			 program proposed for use;
(b) A
			 brief description of the format, medium, and length of the
			 distribution;
(c) A verification
			 that an actual patient is not being used on the advertisement;
(d) Verification that an official translation
			 of a foreign language advertisement is accurate; and
(e) A final copy of the advertisement,
			 including a video where applicable, in a format acceptable to the
			 Commission.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.18 - Relocation Of Licensee Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Relocation of a licensee's facility, in all instances, requires
				the express permission of the Commission, and except in extraordinary
				circumstances in the discretion of the Commission, requires 60 days' notice to
				the Commission. A request to relocate a facility must provide the address of
				the facility requested for transfer as well as the site where the facility is
				proposed for relocation; photographs from all sides, including aerial and a
				street view; the reasons for the proposed relocation; verification that the
				relocated site will be in compliance with all local laws, the Act and these
				Rules; and a detailed explanation of the expected impact on patients, the
				community and the general public.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.19 - Material Change In Information

Current through Register Vol. 42, No. 9, June 28, 2024
Licensees shall notify the Commission within 30 days of any
				material change in the information provided at the time of its application for
				license, in accordance with the procedures and documentation for doing so set
				forth in Chapter 3 of these Rules. A "material change" is one that in any way
				affects or relates to (a) the licensee's eligibility or suitability to maintain
				a license; (b) the licensee's personnel, ownership, management, or facilities;
				(c) the licensee's role in the cultivation, processing, packaging,
				transportation, dispensing or testing of cannabis; or (d) which was or could
				have been a consideration of the Commission in the decision to award the
				licensee a license. Guidance as to whether a particular change is "material" so
				as to warrant notification may be provided through the AMCC
				website.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.20 - Temporary Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
Except in extraordinary circumstances upon written request and
				at the discretion of the Commission, there shall be no temporary licenses
				issued to any applicant or prospective licensee. All prospective licensees must
				undergo the same scrutiny as other licensees.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.21 - Surrender Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At
			 any time after the issuance of license, a Licensee may voluntarily surrender
			 its license and cease operations. If not subject to sanctions under these
			 Rules, a licensee must give 60 days' notice of the intent to surrender and
			 cease operations, otherwise, the licensee must seek written permission from the
			 Commission to surrender and cease operations, based on a demonstration of
			 extraordinary circumstances. Failure to provide such notice will subject the
			 licensee to a per- day penalty for noncompliance in accordance with the
			 provisions of these Rules. Surrender of license does not excuse the licensee
			 from sanctions or other disciplinary action under these Rules.
(2) Notwithstanding the provisions of
			 paragraph 1. of this rule, any licensee who intends to cease operations within
			 60 days prior to the date of license expiration shall comply with the voluntary
			 non-renewal provisions of Rule 538-X-4-.15.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.23 - Licensee Appeals From Adverse Decisions

Current through Register Vol. 42, No. 9, June 28, 2024
Within 21 days after the Commission's decision under the Act or
				these Rules to suspend or revoke a license, impose a fine or penalty, deny a
				license renewal, reject the proposed transfer of a license, or prohibit
				relocation of one or more facilities, the licensee may challenge the adverse
				decision by electronically filing a request for an evidentiary hearing before
				the Commission. Notice of the Commission's action will be in accordance with
				the provisions of §
								20-2A-57(d),
Code of Ala. 1975
, (as amended), and may also be
				provided electronically. The requested hearing may be conducted in accordance
				with the provisions of §
								20-2A-57(e),
Code of Ala. 1975
, (as amended), and such hearing
				shall be held not less than 14 nor more than 45 days after the licensee files
				its request.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-5 - Regulation of Cultivators › Section 538-X-5-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
Chapter 5 of these Rules applies to Cultivators as defined
				under the Act, and shall be read in conjunction with the Rules and Regulations
				pertaining to Cultivators promulgated by the Alabama Department of Agriculture
				and Industry ("the Department") at Ala. Admin. r. 80-14-1, et
				seq.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-5 - Regulation of Cultivators › Section 538-X-5-.02 - Construction

Current through Register Vol. 42, No. 9, June 28, 2024
These Rules shall be construed and administered to regulate
				cultivators and the cultivation functions of integrated facilities, to the
				extent these Rules apply to all licensees rather than matters specifically
				regulated by the Department at Ala. Admin. r. 80-14-1, et seq.; such
				construction shall be in accordance with, and giving reasonable effect to, the
				Act. Specifically, cultivation under these rules requires reference to and
				compliance with these Rules, including but not limited to Chapters 1, 3, and 4,
				of these Rules, as well as this Chapter.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-5 - Regulation of Cultivators › Section 538-X-5-.03 - Application Fee

Current through Register Vol. 42, No. 9, June 28, 2024
The cultivator applicant must provide the appropriate
				application fee as required by §
								20-2A-55(f),
Code of Ala. 1975
, (as amended). The application fee
				is nonrefundable and must be submitted electronically per instructions in the
				Application Form received in response to the applicant's Request for
				Application.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-5 - Regulation of Cultivators › Section 538-X-5-.04 - License Fees And Renewal License Fees

Current through Register Vol. 42, No. 9, June 28, 2024
Cultivators' duty regarding annual license fees and renewal
				license fees shall be as set forth in Rule 538-x-4-.06 of Chapter 4 of these
				Rules, and the schedule therefor shall be contained on the AMCC
				website.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.01 - Licensing Applications And Oversight Of Processors

Current through Register Vol. 42, No. 9, June 28, 2024
Processors authorized pursuant to §
								20-2A-63,
Code of Ala. 1975
, (as amended), shall operate in
				accordance with the provisions of the Act and these Rules. Except as
				specifically provided in this Chapter, Processors shall be governed by the
				General Rules for Licensee Applications (Chapter 3 of these Rules) and the
				General Rules for Licensee Conduct (Chapter4 of these Rules).
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this Chapter, the following terms have the following
				meanings:
(1) "Attractive to or
			 Targets Children"; "Attractive to Minors." Forms, designs, packaging,
			 receptacles, devices, labeling, or branding that contains, features, resembles,
			 or includes:
(a) Cartoons, including artistic,
			 caricature or similar renderings;
(b) Toys;
(c) Products available for consumption as a
			 commercially available candy;
(d)
			 Realistic or fictional characters whose target audience is primarily composed
			 of minors;
(e) Media that has as an
			 audience demographic composed of greater than 15% minors;
(f) Likenesses or images of minors, animals,
			 or fruits;
(g) A non-cannabis
			 consumer product of a type that is commonly marketed to minors;
(h) Symbols or words commonly used to market
			 products to minors, are commonly associated with minors, or refer to products
			 commonly marketed by minors; or
(i)
			 Celebrities whose audience or following is substantially composed of greater
			 than 15% minors.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.03 - Licensing And Regulation Of Medical Cannabis As To Processors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) License
			 Required. Processors are required to be licensed as set forth in Rule 3 of
			 Chapter 3 of these Rules.
(2)
			 Number of Licenses to be issued by the Commission. In accordance with §
								20-2A-63 {b),
Code of Ala. 1975
, (as amended), the Commission shall
			 issue no more than four Processor licenses, which will be awarded based on
			 merit, need, and other factors identified generally and specifically by the Act
			 and these Rules. (See §
								20-2A-51,
Code of Ala. 1975
, (as amended)).
(3) A license to operate as a Processor
			 authorizes the following:
(a) The purchase or
			 transfer of cannabis from a cultivator.
(b) The processing of cannabis into medical
			 cannabis, which shall include properly packaging and labeling medical cannabis
			 products, in accordance with §
									20-2A-63 {d),
Code of Ala. 1975
, (as amended), and this
			 Chapter.
(c) The sale or transfer
			 of medical cannabis to a dispensary.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.04 - Duties Of Processors

Current through Register Vol. 42, No. 9, June 28, 2024
Processors must do all of the following:
(1) Using documented good quality practices
			 and meeting current Good Manufacturing Practices, a Processor must process
			 cannabis produced by a Cultivator into an approved medical cannabis
			 product.
(2) A Processor's medical
			 cannabis products must:
(a) Be shown to meet
			 intended levels of purity.
(b) Be
			 shown to be reliably free of toxins and contaminants (see Appendix A to Chapter
			 10 of these Rules).
(c) Contain no
			 additives other than pharmaceutical grade excipients.
(d) Not be processed into a form that is
			 attractive to or targets children.
(e) As to all gelatinous cube, cuboid, and
			 lozenge medical cannabis products, conform to the universal flavor established
			 by the Commission under §
									20-2A-63(f),
Code of Ala. 1975
, (as amended), which is
			 peach.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.05 - Labeling And Packaging By Processors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A Processor must properly package its
			 approved medical cannabis products as follows:
(a) Packaging and containers must be
			 child-resistant.
(b) Packaging and
			 containers must be tamper-evident.
(c) Packaging and containers (or labels, see
			 below) must identify the Processor and type of product.
(d) Packaging and containers must not be
			 attractive to minors.
(e) Packaging
			 and containers must be designed to minimize appeal to children.
(f) Packaging and containers must not contain
			 any false statement or statement that advertises health benefits or therapeutic
			 benefits of medical cannabis.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.07 - Post-Licensing Inspection Of Processor Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Post-Licensing Inspection of Processor facilities under the Act
				and these Rules shall be governed by Rule 538-X-4-.02 of Chapter 4 of these
				Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.08 - Investigation Of Processor Licensees

Current through Register Vol. 42, No. 9, June 28, 2024
Investigation of Processor licensees under the Act and these
				Rules shall be governed by Rule 538-X-4-.03 of Chapter 4 of these
				Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.09 - Training And Continuing Education Requirements For Processors

Current through Register Vol. 42, No. 9, June 28, 2024
Training and Continuing education requirements for Processors'
				owners, officers, administrators, managers, and employees shall be as set forth
				in Rule 538-X-4-.04 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.10 - Processors' Maintenance Of Proper Technology

Current through Register Vol. 42, No. 9, June 28, 2024
Processors' duty to maintain proper technology shall be
				governed by Rule 538-X-4-.05 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.11 - Processors' Annual Licensing Fees; Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
Processors' duty regarding annual license fees shall be as set
				forth in Rule 538-X-4-.06 of Chapter 4 of these Rules, and the schedule
				therefor shall be contained on the AMCC website.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.12 - Processors' Duty To Meet And Maintain Standards; Policies, Procedures And Operation Per Application

Current through Register Vol. 42, No. 9, June 28, 2024
A Processor licensee has an ongoing duty to meet and maintain
				the standards, policies, procedures, and operations, both at the
				pre-commencement inspection and at all times thereafter, as it affirmed to the
				Commission at the time of licensing, as such standards, policies, procedures,
				and operations may have been amended and updated by the licensee from time to
				time in accordance with Rules 538-X-4-.08 and 538-X-4-.19., as provided in Rule
				538-X-4-.07 of Chapter 4 of these Rules and as modified by Rule 538-X-6-.06 of
				this Chapter.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.13 - Processors' Duty To Notify Or Seek Permission Regarding Material Change In Licensing Information

Current through Register Vol. 42, No. 9, June 28, 2024
Processors' duty to notify or seek the Commission's permission
				regarding any material change in licensing information shall be governed by
				Rule 538-X-4-.08 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.14 - Processors' Term Of Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
The term of Processors' licenses shall be governed by Rule
				538-X-4-.09 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.15 - Processors' Applications For Renewal Of License

Current through Register Vol. 42, No. 9, June 28, 2024
Processors' applications for renewal of license shall be
				governed by Rule 538-X-4-.10 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.16 - Processors' Notifications To Apply For Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
Processors' notifications to apply for renewal shall be
				governed by Rule 538-X-4-.11 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.17 - Expiration Of Processors' Licenses; Delinquent License Renewal; Failure To Apply For Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
The expiration of Processors' licenses, renewal of delinquent
				licenses and consequences for failing to apply for renewal shall be governed by
				Rule 538-X-4-.12 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.18 - Processors License Renewal Process And Procedures; Use Of Independent Third-Party Consultants

Current through Register Vol. 42, No. 9, June 28, 2024
Processors' renewal process and procedures, and the
				Commission's use of independent third-party consultants as to Processors, shall
				be governed by Rule 538-X-4-.13 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.19 - Processors' License Renewal Fees

Current through Register Vol. 42, No. 9, June 28, 2024
License renewal fees for Processors shall be governed by Rule
				538-X-4-.14 of Chapter 4 of these Rules. License renewal fees shall be set
				forth on the schedule of fees maintained by the Commission on the AMCC
				website.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.20 - Non-Renewal Of Processors' Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
Non-renewal of Processors' licenses shall be governed by Rule
				538-X-4-.15 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.21 - Processors' Transfer Of Licenses; Change Of Ownership

Current through Register Vol. 42, No. 9, June 28, 2024
Processors' transfer of licenses and change of ownership shall
				be governed by Rule 538-X-4-.16 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.22 - Marketing And Advertising By Processors

Current through Register Vol. 42, No. 9, June 28, 2024
Processors' duties with respect to Advertising, except as
				specifically modified within this Chapter, shall be governed by Rule
				538-X-4-.17 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.23 - Relocation Of Processors' Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Relocation of Processors' facilities shall be governed by Rule
				538-X-4-.18 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.24 - Material Change In Processors' Information

Current through Register Vol. 42, No. 9, June 28, 2024
Rules regarding a material change in a Processors' Information
				previously provided to the Commission shall be governed by Rule 538-X-4-.19 of
				Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.25 - Temporary Licenses For Processors

Current through Register Vol. 42, No. 9, June 28, 2024
Rules regarding temporary licenses for Processors shall be
				governed by Rule 538-X-4-.20 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.26 - Processors' Surrender Of License; Cessation Of Operations

Current through Register Vol. 42, No. 9, June 28, 2024
A Processor's surrender of license and/or cessation of
				operations shall be governed by Rule 538-X-4-.21 of Chapter 4 of these
				Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.27 - Disciplinary Actions Against Processors

Current through Register Vol. 42, No. 9, June 28, 2024
Disciplinary Actions against Processors shall be governed by
				Rule 538-X-4-.22 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-6 - Regulation of Processors › Section 538-X-6-.28 - Processors' Appeals From Adverse Decisions By The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
Processors' appeals from adverse decisions by the Commission
				shall be governed by Rule 538-X-4-.23 of Chapter 4 of these
				Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
Secure Transporters authorized pursuant to §
								20-2A-65,
Code of Ala. 1975
, (as amended), shall operate in
				accordance with the provisions of the Act and this Chapter. Except as
				specifically provided in this Chapter, Secure Transporters shall be governed by
				the General Rules for Licensee Applications (Chapter 3 of these Rules) and the
				General Rules for Licensee Conduct (Chapter 4 of these
				Rules).
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.02 - Licensing And Regulation Of Medical Cannabis As To Secure Transporters

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
License
			 Required
. Secure Transporters are required to be licensed as set forth
			 in Rule 3 of Chapter 3 of these Rules.
(2)
Number of Licenses to be issued
			 by the Commission
. The number of licenses to be issued to Secure
			 Transporters is within the discretion of the Commission, which will award
			 licenses to Secure Transporters based on merit, need, and other factors
			 identified generally and specifically by the Act and this Chapter. (See
			 20-2A-51,
Code of Ala. 1975
, (as amended)).
(3)
Duties
. It shall be the
			 duty of a Secure Transporter:
(a) To transport
			 cannabis and medical cannabis, in a safe, efficient and professional manner
			 from and to licensees' facilities, pursuant to such contracts as the Secure
			 Transporter may negotiate between itself and one or more licensees.
(b) To log details regarding the product and
			 the transport in the Statewide Seed-To-Sale Tracking System and/or the manifest
			 relating to said transport.
(c)
			 During transit, to maintain cannabis and medical cannabis:
1. in accordance with an approved security
			 plan.
2. in a moisture- and
			 temperature-controlled environment acceptable to the contracting licensee, to
			 avoid deterioration or loss of efficacy of the cargo.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.04 - Post-Licensing Inspection Of Secure Transporter Facilities And Vehicles

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Generally. In
			 addition to the general inspections for licensee facilities to be carried out
			 by the Commission in accordance with §
								20-2A-52(a)(3),
Code of Ala. 1975
, (as amended), a secure transporter
			 licensee shall be subject to inspection of all secure transport vehicles, under
			 the same terms and on the same basis as for licensees' facilities generally.
(a) Pre-Commencement Inspection. When a
			 licensee is set to commence operations at any facility, the licensee shall
			 contact the Commission to set a date for inspection of all facilities and
			 secure transport vehicles under the procedures for a pre-commencement
			 inspection set forth under the procedures outlined in Chapter 4, including that
			 the pre-commencement inspection may be set at any mutually acceptable time. No
			 Secure Transporter's operations may commence at any facility or with respect to
			 any secure transport vehicle until the facility and all secure transport
			 vehicles have passed a pre-commencement inspection with no critical violations
			 and all minor infractions having been corrected. Reinspection following a
			 failed precommencement inspection shall occur within 30 days, after which, if
			 the Secure Transporter passes the inspection, it may commence operations. A
			 Secure Transporter which has failed a second pre-commencement inspection must
			 petition the Commission for permission for a further pre-commencement
			 inspection; if the Commission denies a third pre-commencement inspection or the
			 Secure Transporter fails the third inspection, the Secure Transporter is
			 precluded from commencing operations and its license shall be
			 revoked.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.05 - Medical Cannabis Education And Safety Training Requirements For Employees

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the medical cannabis education and safety
				training applicable to all employees of licensees generally, transport
				personnel (i.e., drivers and any other employees whose job is to accompany
				drivers) employed by a secured transporter shall annually complete and receive
				certification for no less than five (5) hours of training specifically tailored
				to driver safety and procedures related to the proper procedures to be followed
				when transporting cannabis and medical cannabis.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.06 - Maintenance Of Proper Technology

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the technology requirements for all licensees
				generally, Secure Transporters must also do the following:
(1) Prior to transport, Secure Transporters
			 must enter into the Statewide Seed-to-Sale Tracking System the route plans and
			 manifests (containing information as set forth in Rule 538-X-7-.07) of any
			 vehicle transporting cannabis or medical cannabis.
(2) Secure Transporters must maintain GPS
			 tracking technology to monitor and record transportation of cannabis and
			 medical cannabis by its vehicles using Wi-Fi or hardline networking
			 technology.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.07 - Manifests And Transport Of Cannabis And Medical Cannabis

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As used herein, a "manifest" is a
			 document listing the cargo and crew of a vehicle, for the review and use of
			 state officials and licensee personnel.
(2) Before transporting cannabis or medical
			 cannabis, a Secure Transporter must:
(a)
			 Complete a manifest on a form approved by the Commission, and
(b) Input the manifest to the Statewide
			 Seed-to-Sale Tracking System.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.08 - Advertising And Marketing Specific To Secure Transporters

Current through Register Vol. 42, No. 9, June 28, 2024
Regulations for advertising and marketing by Secure
				Transporters shall be the same as for licensees generally. Specifically in
				addition thereto, Secure Transporters' vehicles may bear the logo or name of
				the Secure Transporter, but they must not bear markings or other indication
				that they carry cannabis or medical cannabis.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.09 - Application Fee For Secure Transporters

Current through Register Vol. 42, No. 9, June 28, 2024
At the time of submitting its application, the Secure
				Transporter applicant must provide the appropriate application fee as required
				by §
								20-2A-55(f),
Code of Ala. 1975
, (as amended). The application fee
				is nonrefundable and must be submitted electronically per instructions in the
				Application Form received in response to the applicant's Request for
				Application.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.10 - Licensee Fees And Renewal License Fees For Secure Transporters

Current through Register Vol. 42, No. 9, June 28, 2024
Secure Transporters' duty regarding annual license fees and
				renewal license fees shall be as set forth in Rule 538-X-4-.06 of Chapter 4 of
				these Rules, and the schedule therefor shall be contained on the AMCC
				website.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-8 - Regulation of Dispensaries › Section 538-X-8-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
Dispensaries authorized pursuant to §
								20-2A-64,
Code of Ala. 1975
, (as amended), shall operate in
				accordance with the provisions of the Act and this Chapter. Except as
				specifically provided in this Chapter, Dispensaries shall be governed by the
				General Rules for Licensee Applications (Chapter 3 of these Rules), the General
				Rules for Licensee Conduct (Chapter 4 of these Rules).
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-8 - Regulation of Dispensaries › Section 538-X-8-.02 - Licensing And Regulation Of Medical Cannabis As To Dispensaries

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Generally
. Dispensaries are required to be licensed by the
			 Commission. Dispensaries shall be licensed in accordance with the provisions of
			 this Chapter, §
								20-2A-64,
Code of Ala. 1975
, (as amended), and other applicable
			 sections of the Act. Dispensary Licenses shall be awarded only to qualified
			 applicants.
(2)
Limits on
			 Number of Dispensary Licenses
. In accordance with §
								20-2A-64, the
			 Commission shall grant no more than four dispensary licenses.
(3)
Limits on Dispensing Sites per
			 Licensee
. Each dispensary licensee may operate no more than three
			 dispensing sites, provided that each dispensing site shall be located in a
			 separate county from other dispensing sites operated by the same dispensary
			 licensee. If the criteria for seeking additional dispensing sites as provided
			 in §
								20-2A-64(f),
Code of Alabama 1975
, (as amended), has been met, a
			 dispensary licensee may petition the Commission to allow it to provide an
			 additional dispensing site in an unserved or underserved area of the state
			 based on demand for medical cannabis as reflected by numbers in the patient
			 pool. Notwithstanding the foregoing, a dispensary licensee is not prohibited
			 from dispensing approved medical cannabis products from a dispensing site
			 within the same county as another dispensing site operated by a competing
			 dispensary licensee or integrated facility licensee.
(4)
Authority
. A dispensary
			 license authorizes the following:
(a) The
			 purchase and transfer of medical cannabis from a processor.
(b) If a cultivator contracts with a
			 processor to process its cannabis into medical cannabis on the cultivator's
			 behalf, the purchase or transfer of medical cannabis from the
			 cultivator.
(c) The purchase and
			 transfer of medical cannabis from an integrated facility.
(d) The dispensing and sale of medical
			 cannabis only to a registered qualified patient or registered caregiver holding
			 a valid, unexpired, and unrevoked medical cannabis card, and only within the
			 sales area of the dispensing site.
(e) The transfer of medical cannabis,
			 including between the dispensary's own dispensing sites, only by means of a
			 secure transporter.