Marijuana Dispensary in Puerto Rico:
There are many rules to follow if you want to open, own or operate a legal cannabis business in Puerto Rico. Denver Consulting Group has a team of marijuana consultants that are expert in Puerto Rico’s cannabis rules and regulations. Call us for guidance on how to open a Marijuana dispensary in Puerto Rico.
Here are some of the rules for both businesses and individuals regarding cannabis in Puerto Rico. This list is not comprehensive, not is it updated and should not be taken as a complete and up to date list of current laws:
Doctors are allowed to recommend the use of marijuana for medicinal purposes, in accordance with the provisions of this regulation, up to a maximum of thirty (30) day supply, provided the patient has in his possession more than ten (10) daily ounces of medical marijuana. This recommendation will be issued through a written certification.
The provisions of this Regulation shall not prevent the seizure or confiscation of medical marijuana when the amount possessed by a qualified patient or his authorized Companion is greater than the amount permitted in this regulation or if the use of medical marijuana is not subject to the purposes established therein.
The only media allowed to consume marijuana-containing medicinal products are as follows:
- oral drops
- oral inhalers
- topics, ointments, creams
- vaporization (no smoking)
Medical marijuana may not be dispensed without previously obtaining the identification card for the use of medical marijuana. Prior to obtaining the same, required a written recommendation issued and signed, or generated and transmitted electronically, by a physician registered with license to practice medicine in the Commonwealth of Puerto Rico and prescribe drugs and controlled substances according to the provisions of State and federal law. However, in an emergency, the doctor may prescribe medical marijuana through oral recommendation, which must be put in writing or generate and transmit electronically, and refer to the dispenser within a period of forty-eight (48) hours from the time that the concerned professional prescribed the oral recommendation for that substance. Since the card must be renewed annually, a new medical certification must be issued before processing it.
The recommendation for the medicinal use of marijuana required by this regulation will be retained as part of the record of inventory of the dispensary for ten (10) years.
Any health care provider will take a training every three (3) years, to be offered by the Department, or a natural or legal person authorized by the Department. During the first two (2) years of entry into force of this regulation, the Department will provide training aimed at the medical community at least four (4) times a year. Subsequently, the Department will provide such training two (2) times a year.
The following restrictions and prohibitions are set:
(a) Patients are allowed to use medical marijuana only in the privacy of their homes.
(b) It prohibits the use of medical marijuana, product containing marijuana or any derivative of it in public places or in a commercial establishment even though in the case of a patient authorized under the provisions of this regulation.
(c) The use of medical marijuana is prohibited in the presence of persons under the age of eighteen (18) years of age. Similarly, the sale or donation of medical marijuana, product containing marijuana or any derivative of it, a person under eighteen (18) years of age is prohibited. Under no circumstances may be that medical marijuana is within reach of a less than eighteen (18) years of age.
(d) Is prohibited to possess marijuana, products containing marijuana or any derivatives of this failure to comply with the requirements established in this regulation.
(e) It is forbidden to sell marijuana, products containing marijuana or any derivative of it for medicinal purposes, if not meets the requirements laid down in this regulation.
It is forbidden to sell marijuana or product containing marijuana or any derivative of it for medicinal purposes, that have been grown outside the territorial jurisdiction of the Commonwealth of Puerto Rico. No person is authorized to import or sell marijuana grown outside of the jurisdiction of the Commonwealth of Puerto Rico, unless permitted by law or federal regulation. The provisions of this Regulation apply only to marijuana cultivated and processed within the Commonwealth of Puerto Rico.
(g) It is forbidden to sell any amount of marijuana to a person who does not have the identification card for the use of Medicinal marijuana.
(h) He is forbidden to buy any amount of marijuana, products containing marijuana or any derivative, even when are you for medicinal use, a natural or legal person who is not registered in the Department for those purposes.
(i) It is forbidden to recommend the use of medical marijuana for a medical condition that is not authorised in this regulation.
(j) He is forbidden to the patient drive, operate, or operate a motor vehicle, vessel or aircraft under the influence and effects of marijuana, products containing marijuana or any derivative of it, even though it consumes on the medical recommendation and in accordance with the provisions of this regulation.
(k) it is forbidden to use to cultivate, sow, distribute, sell or process marijuana, products containing marijuana or any derivative of it to a person less than eighteen (18) years of age.
(l) It is forbidden to sell marijuana, products containing marijuana or any derivative of it to one person under the age of eighteen (18) years of age.
(m) He is prohibited to possess, grow, transport, distribute or sell marijuana, products containing marijuana or any derivative, for recreational purposes. The qualified patient used medical marijuana for his consumption and will not grow the same even though it alleges that you use it for medical purposes. Distribute, sell, or transport ban medical marijuana also extends to other qualified patients or accompanying persons authorised.
(n) It prohibits the use of the proceeds of one of the operations authorized by this regulation for the benefit of criminal enterprises, bargains or posters.
(o) It is forbidden the transportation of marijuana, products containing marijuana or any derivative of it States although it is legal to use.
(p) It prohibits the use of authorized facilities to operate under this Regulation as a subterfuge or pretext for trafficking of drugs or illegal substances, or other illegal activity.
(q) It is forbidden to use marijuana, products containing marijuana or any derivative on the property of the Government of the United States of America.
REQUIREMENTS OF PHYSICAL PLANT AND SECURITY OF A DISPENSARY WHERE THEY DISPENSE MEDICAL MARIJUANA
Marijuana dispensary in Puerto Rico: The clinic should be a building with front and side access. The local must contain, at a minimum, three separate areas:
(1)T he admin area where qualified patients records will be stored under lock and key and inventory control.
(2) Storage area is located where the inventory, which will be isolated and closed locked during nonworking hours. It must be separated from the area of sale.
(3) Area of sale, with frontal access to the street.
(4) Each clinic must have security measures, alarms that detect the entrance outside working hours and a video system with closed circuit in the area of sales, on each of the points of entry and exit to the premises, in the warehouse where the inventory is located and its surroundings. The cargo area, have, shall be closed to the public in general.
(5) All dispensary will have at least one security guard armed the twenty-four (24) hours a day.
(6) The entrance to the premises must be controlled and the security of the dispensary agent must authorize the entrance of each sponsor of the same. Security of the dispensary agents will request to the qualified patient or his authorized companion, that present your identification card for Medicinal marijuana use before allowing access to the site. They may refuse entry to people who do not present the aforementioned card that authorized representatives of the Department of health or public order of the State or federal government officials.
(7) The clinic will contain a record indicating whenever you remove a product of medical marijuana from the inventory of the storage area. Such registration will contain, at least, the following information: the name of the employee of the clinic that removes the product, the date and time that the product, the description of the removed product, removed dose is removed and, if by reason of a sale, the name and number of the qualified patient or authorized companion that you purchased the product.
REQUIREMENTS OF THE PHYSICAL PLANT AND SECURITY MEASURES REQUIRED IN A PLACE OF CULTIVATION, MANUFACTURE OR PRODUCTION OF MARIJUANA OR MEDICINAL PRODUCTS CONTAINING SUCH SUBSTANCE
Marijuana dispensary in Puerto Rico
(1) All premises where they cultivate, manufacture or produce medical marijuana, or products containing that substance will have, at a minimum, the following separate areas:
(2) The area of administration, where is stored the records required by this regulation;
(3) The area of cultivation, manufacture or production;
(4) The storage area of the inventory which will be isolated and closed under lock and key at all times. It must be separated from the area of cultivation, manufacture or production; and
(5) Closed to the public in general cargo area.
(6) Each area must have safety measures and a video system with closed circuit in all areas, except in bathrooms and any other area where there is a legitimate expectation to privacy, on each of the points of entry and exit to the premises and all around the local.
(7) All local will have, at least, two (2) security guards armed the twenty-four (24) hours a day.
(8) Every entrance to the premises must be controlled, so a local security officer must authorize the same.
(9) All premises where medical marijuana is grown outdoors, must be fenced with, at least, a double fence which will not allow the visibility of the crop, leaving a space of three (3) feet between each gate, with a minimum of eighteen (18) feet and mechanisms of security on top of the fence. The owner of the premises shall establish a safety program that ensures the direct and constant supervision by the entire perimeter of the local security guards.
(10)Local security officials must keep a record in which they record all visitor and will include your name, physical address and contact phone. These will request, in addition, the delivery of driver’s license number will be noted along with the other data. Returned to you license when you leave the room.
(11) local security agents refuse entry to visitors who do not wish to comply with the requirements laid down. Any representative of the Department, the public order of the State or federal government agent, will have access to the premises, subject to provide the above information and your access to the site corresponds to official matters related to the functions and duties of his office. This subsection is not intended to deprive the owner of a local, regulated here, their right to be protected against illegal registration in violation of the provisions of the Constitution of the free associated State of Puerto Rico and in the Constitution of the United States of America.
If you have any questions about opening a marijuana dispensary in Puerto Rico, contact Denver Consulting Group.
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