Haw. Code R. § 11-850-51 - Required security in all dispensary facilities

(a) All dispensary facilities shall have the following security features:

(1) A video surveillance system professionally installed that allows for twenty-four hour continuous video monitoring and recording of all dispensary facilities as follows:

(A) All video equipment used in a dispensary facility shall have back up capability;

(B) All recorded images must clearly and accurately display the time and date;

(C) The surveillance system storage device and the cameras must be internet protocol (IP) compatible;

(D) The video surveillance system shall have minimum camera resolution to allow for the clear and certain identification of any person and activities in any area of a dispensary facility where cannabis and manufactured cannabis products are produced, moved, or stored; all point of sale areas; any room used to pack or unpack a secured container used to transport cannabis or manufactured cannabis products; any room or area storing a surveillance system storage device; and all exits and entrances to a dispensary facility from both indoor and outdoor locations;

(E) The surveillance system video recording storage device shall be secured in a lockbox, cabinet, or closet, or secured in another manner that limits access to protect the system from tampering or theft; and

(F) The dispensary licensee shall make video recordings available to the department upon request;

(2) An alarm system to detect unauthorized entry and allow notification of law enforcement in an emergency. The alarm system shall be:

(A) Electronic with a backup power source for a minimum of four hours;

(B) Connected to a security response organization or to law enforcement;

(C) Activated twenty-four hours a day every day; and

(D) Professionally installed;

(3) A locked entry point to screen individuals for authorized entry to the facility. Only the following may be authorized to enter dispensary facilities:

(A) Persons included on a current department-approved list provided to the department by the licensee of those persons who are allowed into that dispensary's facilities for a specific purpose for that dispensary in accordance with section 329D-15(a)(4) or 329D 16(a)(3), HRS;

(B) Other approved individuals, with government issued photo identification, including:

(i) A government employee or official acting in the person's official capacity; and

(ii) Dispensary employees;

(C) In an emergency situation, individuals not on the department-approved list who are contracted to repair infrastructure, provided that:

(i) Repair workers shall show government issued photo identification;

(ii) Repair workers shall be escorted at all times by an individual licensee or registered employee; and

(iii) The licensee shall notify the department of the use of each individual repair worker immediately; and

(D) For retail dispensing locations only, with valid government issued photo identification and valid medical cannabis card issued pursuant to chapter 11-160:

(i) Qualifying patients;

(ii) Primary caregivers;

(iii) Qualifying out-of-state patients;

(iv) Caregivers of qualifying out-of-state patients;

(4) All entrances, exits, windows, and other points of entry shall be equipped with commercial-grade, non-residential locks or other functioning mechanical or electrical security devices; and

(5) A system to record the names of persons listed in paragraph (3) entering the dispensary facility and the date and time of entry to and exit from the dispensary facility; provided that the dispensary licensee's electronic tracking system pursuant to subsection 11-850-61(b) shall be used to record the name and date and time of entry to and exit from the dispensary facility for a qualifying patient, primary caregiver, qualifying out-of-state patient, and caregiver of a qualifying out-of-state patient.

(b) In the event of a breach or failure of its security system, a dispensary licensee shall immediately suspend operations and secure the affected dispensary facility until the security system is fully operable. The dispensary licensee shall notify the department immediately upon the breach or failure, and again when it resumes operations, by e-mailing medcannabis.dispensary@doh.hawaii.gov.

Notes

Haw. Code R. § 11-850-51

[Eff DEC 14 2015] (Auth: HRS §§ 321-9, 329D-27) (Imp: HRS §§ 329D-6, 329D-7, 329D-15, 329D-16, 329D-18, 329D-19, 329D-20) [Am and comp 2/24/2022] (Auth: HRS § 329D-7) (Imp: SLH 2017, Act 170, §3) Comp 4/29/2022 Am and comp 11/17/2022 Am and comp 8/7/2023 Comp 4/5/2024 Comp 12/6/2024