36-2816. Violations; classifications; civil penalties

 

(Caution:  1998 Prop. 105 applies)

 

A. A registered qualifying patient may not directly, or through the patient's designated caregiver, obtain more than two and one-half ounces of marijuana from registered nonprofit medical marijuana dispensaries in any fourteen-day period.

B. A registered nonprofit medical marijuana dispensary or agent may not dispense, deliver or otherwise transfer marijuana to a person other than:

1. Another registered nonprofit medical marijuana dispensary.

2. A registered qualifying patient.

3. A registered qualifying patient's registered designated caregiver.

4. A certified independent third-party laboratory or an independent third-party laboratory agent for purposes prescribed in sections 36-2803 and 36-2806 and department rule.

C. A registered nonprofit medical marijuana dispensary may not acquire usable marijuana or mature marijuana plants from any person other than another registered nonprofit medical marijuana dispensary, a registered qualifying patient or a registered designated caregiver. A knowing violation of this subsection is a class 2 felony.

D. It is a class 1 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter.

E. Making false statements to a law enforcement official about any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution is subject to a civil penalty of not more than $500, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this chapter.

F. Subject to title 41, chapter 6, article 10, the director may deny, suspend or revoke, in whole or in part, any registration issued under this chapter if the registered party or an officer, agent or employee of the registered party is not in substantial compliance with the provisions of this chapter or any rule adopted pursuant to this chapter or if the  nature or number of violations revealed by any type of inspection or investigation constitutes a threat, or direct risk, to the life, health or safety of a qualifying patient or the public.

G. In addition to any other penalties authorized by this chapter, the director may assess a civil penalty for violations of this chapter or any rule adopted pursuant to this chapter in an amount not to exceed $1,000 for each violation.  Each day a violation occurs constitutes a separate violation.  The maximum amount of any assessment is $5,000 for any thirty-day period.

H. The director shall issue a notice of assessment that includes the proposed amount of the assessment. In determining the amount of a civil penalty assessed against a person under subsection G of this section, the department shall consider all of the following:

1. Repeated violations of this chapter or the rules adopted pursuant to this chapter.

2. Patterns of noncompliance.

3. The types of violations.

4. The severity of the violations.

5. The potential for and occurrences of actual harm.

6. Threats to health and safety.

7. The number of violations.

8. The number of persons affected by the violations.

9. The length of time the violations have been occurring.