[§329D-15] Criminal offense; unauthorized access to retail dispensing location. (a) No person shall intentionally or knowingly enter or remain upon the premises of a medical marijuana retail dispensing location unless the individual is:
(1) An individual licensee or registered employee of the dispensary;
(2) A qualifying patient or primary caregiver of a qualifying patient;
(3) A government employee or official acting in the person's official capacity; or
(4) Previously 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, 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 dispensary at all times while in the dispensary facility;
(E) The person is only permitted within those portions of the dispensary facility as necessary to fulfill the person's purpose for entering;
(F) The person is only permitted within the dispensary facility during the times and for the duration necessary to fulfill the person's purpose for entering;
(G) The dispensary shall keep an accurate record of each person's first and last name, date and times upon entering and exiting the dispensary facility, purpose for entering, and the identity of the escort; and
(H) The approved list shall be effective for one year from the date of the department approval.
(b) No individual licensee or registered employee of a medical marijuana dispensary with control over or responsibility for a retail dispensing location shall intentionally or knowingly allow another to enter or remain upon the premises of the retail dispensing location, unless the other is permitted to enter and remain as specified in subsection (a).
(c) Unauthorized access to a retail dispensing location is a class C felony. [L 2015, c 241, pt of §2]
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