Section 1290.320  Dispensary Access Oversight

a)         Access to a dispensary is restricted as defined in the Act and this Part.  No persons, except the following, are permitted entry into the restricted access areas in the dispensary:

1)         Dispensing organization agents, the Division or the Division's authorized representative, ISP, or other federal or State officials performing duties as required by federal or State law;

2)         Cultivation center agents with cultivation center agent identification cards may deliver medical cannabis to a dispensary;

3)         Emergency personnel when necessary to perform official duties;

4)         In connection with Section 1290.300(i), a dispensing organization may allow service professionals to enter when working on a job that requires their presence at the dispensary, such as installing or maintaining security devices or providing construction services; and

5)         Any person, other than a dispensary agent, authorized to be at a dispensary pursuant to this subsection (a) and with access to the restricted access area must be accompanied at all times by a dispensing organization agent.

b)         No person, except the following, are permitted entry into the dispensary's limited access areas:

1)         Qualified patients, provisional patients, and designated caregivers;

2)         OAPP participants;

3)         Dispensing organization agents, the Division or the Division's authorized representative, ISP, or other federal, State or local representatives performing duties as required by federal or State law;

4)         Emergency personnel when necessary to perform official emergency duties;

5)         Cultivation center agents with cultivation center agent identification cards may access dispensaries to perform duties supporting the delivery of medical cannabis, including but not limited to educating dispensary agents and correcting mislabeled product;

6)         In connection with Section 1290.300(i), a dispensing organization may allow service professionals to enter when they are working on a job that requires their presence at the dispensary, such as installing or maintaining security devices or providing construction services;

7)         Upon a dispensary's prior written request, the Division may approve a request to allow a visitor to enter the limited access area of a dispensary.  The written request must include the name of the dispensing organization agent requesting the visit, the name of the visitor, the reason for the visit, and the date and time of the proposed visit.  Visits must be for a purpose in furtherance of the Act.  The Division must issue written approval before the dispensing organization allows a visitor access to the dispensary.  Visitors are prohibited from entering the restricted access area.

8)         Any person, other than a dispensary agent, authorized to be at a dispensary by this subsection (b) shall be monitored, while in the limited access area, at all times by a dispensing organization agent.

d)         All persons authorized to be at a dispensary pursuant to subsection (a) or (b) must present valid government issued identification with a picture prior to entry.

1)         Once the person is verified, a dispensing organization agent shall record the person in a log with the date, time and purpose of the visit.  The log shall be maintained at the dispensary and made available to the Department, at any time, for a period of five years.

2)         A dispensing organization agent shall issue a numbered identification badge to persons authorized to be in a dispensary.  Identification badges shall be worn while in the dispensary.  All visitor identification badges shall be returned to a dispensing organization agent upon exit.

3)         The dispensing organization shall institute best practices to preserve confidentiality of patient and OAPP participant identity and patient and OAPP participant sales.

(Source:  Added at 43 Ill. Reg. 6593, effective May 20, 2019)