Minnesota Administrative Rules

9810.1500 SECURITY.

Subpart 1.

Responsibilities.

A.

A cannabis business must provide security at the cannabis business premises.

B.

A cannabis event organizer must provide security while cannabis clones, cannabis seedlings, cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products are on site at a temporary cannabis event.

Subp. 2.

Required security measures.

A.

Security measures under this part must include:

(1)

an alarm system;

(2)

video surveillance;

(3)

lighting;

(4)

locks; and

(5)

an immediate response protocol that must be initiated within 30 minutes after a security event occurs.

B.

A cannabis business may implement additional security features that do not violate local, state, and federal laws.

C.

Cannabis delivery and cannabis transport licensees are exempt from item A, subitem (2).

Subp. 3.

Testing security measures.

A.

A cannabis business must establish a protocol for testing and maintaining security measures required by this part. The protocol for testing and maintaining security measures must include:

(1)

periodic testing and inspection that occurs at least once every 90 days. A cannabis business may fulfill this requirement by contracting with an outside resource capable of meeting testing and inspection needs, such as a security business; and

(2)

prompt repairs as described in this subitem to ensure that the alarm system works properly.

(a)

A cannabis business must complete all repairs of an alarm system within 72 hours after the alarm system's failure. If a business is not able to complete a repair within 72 hours after the alarm system's failure and the alarm system is not able to operate as required by this chapter and Minnesota Statutes, chapter 342, then the business must cease all operations until repairs have been completed.

(b)

If all or part of an alarm system is inoperable due to the need for repair and the business is unable to make the repair within 72 hours after the alarm system's failure, a cannabis business may contact the office to request an extension.

B.

A cannabis business must maintain records of the business's compliance with the protocols for testing and maintaining security measures. A cannabis business must make the compliance records available for inspection by the office upon request.

Subp. 4.

People and resource protection.

A cannabis business must develop, document, implement, and maintain security measures to protect:

A.

business assets;

B.

facilities;

C.

regulated products;

D.

workers;

E.

visitors; and

F.

the community.

Subp. 5.

Theft and diversion.

A cannabis business must develop, document, implement, and maintain effective security measures to guard against:

A.

the theft of cannabis clones, cannabis plants, cannabis seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, hemp-derived consumer products, or currency; and

B.

the diversion of cannabis clones, cannabis plants, cannabis seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, hemp-derived consumer products, or currency.

Subp. 6.

Worker access.

All cannabis workers must have an employment identification badge issued by the cannabis business. The badge must display a visual coding system indicating the activities that the worker may perform and which areas of the premises that the worker may access. Employment identification badges must always be visibly displayed on each worker's person when the worker is conducting activities on behalf of the cannabis business. A cannabis business must post signage, not less than 12 inches in height and not less than 12 inches in width at all points of access to areas containing cannabis stating "Do Not Enter - Access Limited to Authorized Employees Only" in lettering no smaller than one inch in height.

Subp. 7.

Unauthorized access.

A cannabis business must develop, document, implement, and maintain security measures to guard against unauthorized access to:

A.

the premises of the cannabis business;

B.

motor vehicles used in the transport or delivery of cannabis clones, cannabis plants, cannabis seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products;

C.

electronic business and customer records created and maintained by the cannabis business; and

D.

paper records created and maintained by the cannabis business.

Subp. 8.

Alarm requirements.

A.

A cannabis business must install, operate, and maintain in good working order a security alarm system on the business's premises. The alarm system must be active 24 hours per day, seven days per week. The alarm system must be monitored by a contracted security company or a cannabis worker employed by the cannabis business. The alarm system must provide the cannabis business with:

(1)

immediate alerts to authorized personnel and local law enforcement of an unauthorized breach of the cannabis business's premises or an alarm system failure;

(2)

immediate alerts to authorized personnel and local emergency services of any hazardous conditions detected on the business's premises;

(3)

a back-up alarm system that activates immediately and automatically upon the loss of electricity and alerts authorized personnel of the loss of electricity;

(4)

an audible alarm capable of being heard by an individual within a 100-foot radius from entrances and exits of the premises; and

(5)

the capability to remotely disable the audio alarm by authorized personnel.

B.

A cannabis business must promptly notify local law enforcement and the office in the event of an alarm system failure that is expected to last longer than eight hours and must implement alternative security measures according to the security plan required under Minnesota Statutes, section 342.14, subdivision 1, paragraph (a), clause (6).

C.

If no alternative security measure is in place or an alternative security measure fails, a cannabis business must not continue operations until either the primary or alternative security system is operational.

Subp. 9.

Video surveillance requirements.

A.

A cannabis business must maintain video surveillance of all premises associated with the business's license. A cannabis business must ensure that video surveillance is active during the entirety of any temporary cannabis event.

B.

Video surveillance must be active 24 hours per day, seven days per week, on the premises of a cannabis business.

C.

Video surveillance must consist of video cameras that are:

(1)

placed in locations that allow the cameras to clearly record activity occurring within a radius of at least 20 feet from all points of entry and exit;

(2)

affixed to the exterior and interior of the cannabis business's premises to identify individuals entering and exiting the premises, limited-access areas, and restricted-access areas; and

(3)

at temporary cannabis events, mounted in a manner to record activity occurring in the area accessible to the public, including any designated retail areas, and points of entry and exit.

D.

Video cameras must monitor each entry and exit point of the perimeter, limited-access areas, and restricted-access areas of a cannabis business's premises. Video cameras must be permanently placed around the cannabis business's premises to allow the viewing, in its entirety, of any areas where:

(1)

cannabis is cultivated;

(2)

cannabis is manufactured;

(3)

cannabis is stored;

(4)

cannabis is packaged and labeled;

(5)

cannabis is prepared for transfer;

(6)

cannabis is displayed or sold at a point-of-sale area;

(7)

cannabis is collected as samples for mandatory testing and prepared and sealed for transport to a cannabis testing facility; and

(8)

cannabis waste is destroyed or made unusable.

E.

Video cameras must have:

(1)

video files produced by the video surveillance system that the cannabis business stores in a secure place for a minimum of 90 days;

(2)

24-hour recording at a minimum of 15 frames per second;

(3)

a minimum camera resolution of 720p;

(4)

date-and-time stamps on all recordings; and

(5)

the capability to continue recording for an additional eight hours during a power outage.

F.

A cannabis business must ensure that 24-hour recordings from all video cameras are:

(1)

available for viewing by the office upon request;

(2)

saved in an industry standard file format that can be played by office staff without the purchase of particular software or equipment;

(3)

retained for at least 90 calendar days;

(4)

maintained free of alteration or corruption; and

(5)

erased and destroyed before disposal.

Subp. 10.

Lighting.

A cannabis business must maintain all lighting in good working order inside and outside the business's premises and any temporary cannabis event. Lighting must deter nuisance and criminal activity by allowing observers to see and cameras to record any activity within a radius of at least 20 feet around all entrances and exits. A cannabis business must ensure that exterior lighting does not disturb surrounding businesses or neighbors by adjusting the lumens or radius of exterior lighting to only illuminate the areas described in this part. A cannabis business must repair any deficient or inoperable lighting within 48 hours of detecting the deficiency or inoperability of the lighting.

Subp. 11.

Motion sensors.

A cannabis business may install motion sensors on the cannabis business's premises to:

A.

provide lighting in required areas that have low-light conditions; or

B.

protect cultivation light-dark cycles.

Subp. 12.

Locks.

A cannabis business must ensure that all external entrances to indoor facilities and perimeter windows on the business's premises are in good condition and can be locked. A cannabis business must ensure that all doors, windows, gates, and fences have commercial-grade locks. All perimeter entry doors must have electronic locks and keypads.

Subp. 13.

Access to restricted areas.

An individual must meet the requirements under Minnesota Statutes, section 342.24, subdivision 3, to enter a restricted area of a cannabis business's premises. A cannabis business must maintain a record of the names of individuals who enter restricted areas for at least three years. A cannabis business must make the records available to the office upon request.

Subp. 14.

Fencing.

Unless required under this chapter or Minnesota Statutes, chapter 342, a cannabis business may erect a commercial-grade fence around the perimeter of the cannabis business's premises. Fencing on a cannabis business's premises must meet the requirements of local law.

Subp. 15.

Outdoor cultivation areas.

A cannabis business must ensure that an outdoor cultivation area is enclosed by fencing and locked gates to prevent access to the area by unauthorized persons. A cannabis business must ensure that all fencing and gates are secure, are at least six feet high, and obscure or have a cover that obscures the fenced area from being readily viewed from outside the fenced area. A cannabis business must ensure that fencing around an outdoor cultivation area on the business's premises is commercial or security grade, is not agricultural or residential grade, and is designed to prevent access to the cultivation area by unauthorized persons.

Subp. 16.

Security personnel.

Except when required under Minnesota Statutes, section 342.40, a cannabis business may employ or contract with security guards, as defined under Minnesota Statutes, section 326.32, subdivision 13. A security guard for a cannabis business must be at least 21 years of age or older and meet the training requirements in Minnesota Statutes, section 326.3361.

Subp. 17.

Transportation security requirements.

A.

This subpart applies to persons and businesses engaged in the transport or delivery of cannabis.

B.

A cannabis business must ensure that each transport and delivery vehicle:

(1)

is equipped with a storage compartment that complies with Minnesota Statutes, section 342.36, subdivision 3, or 342.42, subdivision 5, as applicable;

(2)

is equipped with a global positioning system (GPS) device for identifying the geographic location of the vehicle at all times when the vehicle is in operation, regardless of whether the vehicle's engine is running, either permanently or temporarily affixed to the vehicle while the vehicle is in operation. GPS data identifying the geographic location of the vehicle must be saved and maintained for at least 30 days. A cannabis business must make GPS data of all cannabis transportation vehicles and cannabis delivery vehicles available for inspection by the office upon request;

(3)

is equipped with functioning heating and air conditioning systems that maintain appropriate temperatures for properly storing cannabis;

(4)

carries the appropriate amount of insurance as required by the Department of Transportation, Department of Commerce, and applicable federal regulations; and

(5) is equipped with a secure form of communication for a cannabis worker's use, such as a mobile phone, at all times when transporting or delivering regulated products.

C.

A cannabis worker must:

(1)

possess a cannabis business identification card and the worker's own valid nonprobationary driver's license appropriate for the type of delivery vehicle driven at all times while transporting or delivering cannabis and must present the identification card and valid driver's license to the office or law enforcement officials upon request;

(2)

not leave cannabis clones, cannabis plants, cannabis seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products in an unattended vehicle; and

(3)

not leave cannabis in a vehicle overnight or outside the operating hours of the cannabis business conducting the transportation or delivery of cannabis.

Statutory Authority:

MS s 342.02

History:

49 SR 1143

Published Electronically:

April 25, 2025