§329D-16 Criminal offense; unauthorized access to production centers.

451 words·~2 min read·/hi/329d-16

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No person shall intentionally or knowingly enter or remain upon the premises of a medical cannabis production center unless the person is:

(1)An individual licensee or registered employee of the production center;

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

(3)Previously included on a current department-approved list provided to the department by the licensee of those persons who are allowed into that production center for a specific purpose for that production center, including but not limited to construction, maintenance, repairs, legal counsel, or investors; provided that:

(A)The person has been individually approved by the department to be included on the list;

(B)The person is at least twenty-one years of age, as verified by a valid government issued identification card;

(C)The department has confirmed that the person has no felony convictions;

(D)The person is escorted by an individual licensee or registered employee of the production center at all times while in the production center; provided that construction and maintenance personnel not normally engaged in the business of cultivating, processing, or selling medical cannabis need not be accompanied on a full-time basis, but shall be reasonably monitored by an individual licensee or registered employee of the production center while in areas not containing any cannabis or manufactured cannabis products;

(E)The person is only permitted within those portions of the production center as necessary to fulfill the person's purpose for entering;

(F)The person is only permitted within the production center during the times and for the duration necessary to fulfill the person's purpose for entering;

(G)The production center shall keep an accurate record of each person's identity, date and times upon entering and exiting the production center, purpose for entering, and the identity of the escort; and

(H)The approved list shall be effective for one year from the date of department approval.

(b)No individual licensee or registered employee of a medical cannabis dispensary with control over or responsibility for a production center shall intentionally or knowingly allow another to enter or remain upon the premises of the production center, unless the other is permitted to enter and remain as specified in subsection (a), except in an emergency situation to repair infrastructure at a production center by a person not on the department-approved list; provided that the repair worker shall be escorted at all times, and the licensee shall notify the department of the use of this individual immediately.

(c)Unauthorized access to a production center is a class C felony. [L 2015, c 241, pt of §2; am L 2017, c 170, §2; am L 2023, c 108, §9]