16-12-206. Annual, nontransferable dispensing license; adoption of rules; fees.

1. (1)

   Upon request by a licensed pharmacy in this state, the State Board of Pharmacy shall be authorized to develop an annual, nontransferable specialty dispensing license for an independent pharmacy with a registered office located within this state to dispense low THC oil and products to registered patients. The State Board of Pharmacy shall develop rules and regulations regarding dispensing pharmacies in this state in accordance with the requirements contained in subsection (b) of this Code section.#

2. (2)

   The commission shall be authorized to issue five dispensing licenses to each Class 1 production licensee and each Class 2 production licensee for retail outlets to dispense low THC oil and products to registered patients. The commission shall ensure that dispensing licenses shall be issued so that retail outlets are dispersed throughout the state. The commission shall develop rules and regulations regarding retail dispensing licensees in this state in accordance with the requirements contained in subsection (b) of this Code section. The commission shall be authorized to issue one additional dispensing license to each Class 1 and Class 2 production licensee when the Low THC Oil Patient Registry established and maintained pursuant to Code Section 31-2A-18 reaches 25,000 patients and for every increase of 10,000 patients thereafter.#

The State Board of Pharmacy and the commission shall separately adopt rules relating to the dispensing of low THC oil and products, with the State Board of Pharmacy promulgating rules and regulations for pharmacies that dispense low THC oil and products and the commission promulgating rules and regulations for other retail outlets that dispense low THC oil and products. Such rules shall include but not be limited to:#

1. (1)

   Standards, procedures, and protocols for the effective use of low THC oil and products as authorized by state law and related rules and regulations;#

2. (2)

   Standards, procedures, and protocols for the dispensing of low THC oil and products by a pharmacy with a dispensing license and by retail dispensing licensees and for the utilization of a tracking system;#

3. (3)

   Procedures and protocols to provide that no low THC oil or products may be sold to or transferred to a location outside of this state;#

4. (4)

   The establishment of standards, procedures, and protocols for determining the amount of usable low THC oil and products that is necessary to constitute an adequate supply for registered patients in this state to ensure uninterrupted availability for a period of one month, including amounts for topical treatments;#

5. (5)

   The establishment of standards, procedures, and protocols to ensure that all low THC oil and products dispensed are consistently pharmaceutical grade;#

6. (6)

   The establishment of standards and procedures for the revocation, suspension, and nonrenewal of dispensing licenses;#

7. (7)

   The establishment of other licensing, renewal, and operational standards which are deemed necessary by the State Board of Pharmacy and the commission;#

8. (8)

   The establishment of standards and procedures for testing low THC oil and products for levels of tetrahydrocannabinol or other testing parameters deemed appropriate by the State Board of Pharmacy and the commission;#

9. (9)

   The establishment of health, safety, and security requirements for pharmacies and retail dispensing licensees dispensing low THC oil and products; and#

10. (10)

    Requirements for the issuance of dispensing licenses to pharmacies and Class 1 and Class 2 production licensees.#

The commission shall be authorized, by rules and regulations, to establish fees for dispensing licenses to Class 1 and Class 2 production licensees commensurate with the location of the retail outlet and demand for low THC oil and products at such location.#