Plain Text Law

Regulation .02 Cannabis Grower Premises.

Regulation .02 Cannabis Grower Premises.Copy Citation

A.
In this regulation, the following terms have the meanings indicated.
(1)
“Indoor cultivation” means producing cannabis plants in a permanent structure that provides control of environmental conditions using artificial heating, air conditioning, or other climate control.
(2)
“Outdoor cultivation” means producing flowering cannabis plants in an area that is directly or indirectly exposed to outdoor elements.
(3)
“Permanent structure” means a building, shipping container, greenhouse, or other structure that is used for cultivation for 180 days or more in a one year period.
B.
A grower premises shall:
(1)
Be located within Maryland;
(2)
Conform to local zoning and planning requirements; and
(3)
Conspicuously display an Administration-issued grower license at the licensed premises.
C.
Outdoor cultivation premises are subject to the following, additional provisions:
(1)
A grower premises for outdoor cultivation of cannabis shall be situated to maintain the greatest achievable level of privacy and security.
(2)
An area of cultivation shall be securely surrounded by fencing and gates constructed to prevent unauthorized entry.
(3)
Fencing and gates shall be equipped with a security alarm system that:
(a)
Covers the entire perimeter;
(b)
Is continuously monitored; and
(c)
Is capable of detecting power loss.
(4)
The premises shall be protected by a video surveillance recording system to ensure:
(a)
Surveillance of the entire perimeter of the area of cultivation;
(b)
Surveillance over all portions of the security fence and all gates; and
(c)
Adherence to the video surveillance requirements of this chapter.
(5)
A grower may modify its security lighting to protect light-dark cycles for proper cultivation, provided the security lighting complies with §§C(4) and F of this regulation.
(6)
An outdoor cultivation area may not:
(a)
Be enclosed by a permanent structure; or
(b)
Employ any artificial heating, air conditioning, or other climate control.
(7)
In determining whether a cultivation premises qualifies as outdoor, the Administration may consider the number of cultivation cycles that can be produced at the facility.
D.
A grower may not make modifications or renovations:
(1)
Without prior approval by the Maryland Cannabis Administration in a manner prescribed by the Administration; or
(2)
That increase a standard grower’s capacity to greater than the canopy limits prescribed in Alcoholic Beverages and Cannabis Article, §36-402(b), Annotated Code of Maryland.
E.
A grower facility premises shall be constructed to prevent unauthorized entry.
F.
Security Lighting. The grower shall design and install lighting fixtures to ensure proper surveillance of the perimeter of the cultivation area.
G.
Security Alarm Systems.
(1)
A grower shall maintain a security alarm system that covers all:
(a)
Perimeter entry points and portals at all premises;
(b)
Rooms that hold cannabis;
(c)
Locations where records are stored on-site; and
(d)
Locations where records are stored off-site.
(2)
A security system shall:
(a)
Be continuously monitored;
(b)
Be capable of detecting smoke and fire;
(c)
Be capable of detecting power loss;
(d)
Include panic alarm devices mounted at convenient, readily accessible locations throughout the licensed premises;
(e)
Remain operational until a licensed premises no longer has any cannabis, seeds, or cuttings on the premises; and
(f)
Be equipped with auxiliary power sufficient to maintain operation for at least 48 hours.
H.
Video Surveillance Requirements.
(1)
A grower shall maintain a motion-activated video surveillance recording system at all premises that:
(a)
Records all activity in images of high quality and high resolution capable of clearly revealing facial detail;
(b)
Operates 24-hours a day, 365 days a year without interruption; and
(c)
Provides a date and time stamp for every recorded frame.
(2)
A grower shall post appropriate notices advising visitors of the video surveillance.
(3)
A surveillance camera shall be located and operated to capture each exit from the premises.
(4)
A surveillance camera shall capture activity at each:
(a)
Entrance to an area where cannabis is grown, tested, cured, manufactured, processed, or stored; and
(b)
Area where cannabis is trimmed, packaged, cured, or stored.
(5)
The storage of all recordings of security video surveillance shall be:
(a)
Access-limited;
(b)
Secured by a security alarm system that is independent of the main premises security alarm system;
(c)
In a format that can be easily accessed for investigational purposes; and
(d)
Retained for a minimum of 90 calendar days.
(6)
Any recording of security video surveillance shall be made available to the Administration or law enforcement agency for just cause as requested within 48 hours.
(7)
Violation.
(a)
Failure to provide the Administration with any recording of video surveillance within 48 hours of a request from the Administration is a violation of COMAR 14.17.14.04.
(b)
Each day of recording within the timeframe in [§G(5)(d)] §H(5)(d) of this regulation that a grower fails to provide to the Administration constitutes a separate violation..
I.
Handwashing Sinks. A grower shall:
(1)
Ensure that agents engaged in creating usable cannabis products have easy access to a handwashing sink that provides warm water of sufficient volume under pressure for effective handwashing procedures; and
(2)
Maintain at least one handwashing sink for the following number of agents who are engaged in creating usable cannabis products while on duty at the same time:
(a)
Every 15 agents; and
(b)
Any fraction of 15 agents.
J.
Micro growers may not operate a facility greater than the limits established in Alcoholic Beverages and Cannabis Article, §36-401(c)(2)(i), Annotated Code of Maryland.