Patients and caregivers who are growing plants are required to have tags on their plants by April 1. Please scroll down on this website for more info. One of the most frequent questions is whether or not patient and caregiver gardens will be subject to routine or surprise inspections by DBR or Health Dept. The short answer is no. There is a provision in the new DBR regulations for inspections but they will not be routine or surprise. If DBR has reason to believe their is non-compliance, they can send a letter expressing those concerns to the patient or caregiver. If no response after 10 days, they can send another letter. If still no response they can call or possibly email. Only after that can they even attempt to schedule a visit to the garden. DBR does not have the right to just show up and demand access to anyone’s garden. Here are the inspection regulations:
DBR Processes for Monitoring and Verifying Compliance with Tagging Requirements and Marijuana Plant Possession Limits
1. If DBR has reasonable grounds to believe that a medical marijuana plant tag holder, a primary caregiver who has not obtained or renewed tags, or a qualified patient cardholder who has made an election to grow who has not obtained or renewed tags, may be in violation of the tagging requirements and/or plant possession limits set forth in the Act and/or these regulations, the below steps may be taken to verify compliance or prompt the person to come into compliance.
2. First Written Notice: A written notice may be sent to the person explaining the tagging requirements and plant possession limits set forth in the Act and these regulations and why the DBR has reason to believe the person may be out of compliance and outlining the information the person may provide and/or the action(s) the person may take to verify or come into compliance. The recipient will have ten (10) business days from the date of mailing to reply to this notice.
3. Second Written Notice: If the recipient fails to respond to the first written notice with information that verifies compliance or fails to take the necessary actions to come into compliance, a second written notice may be sent and the recipient will have an additional ten (10) business days from the date of mailing to reply.
4. Alternative Contact Attempt: If the recipient fails to respond to the second written notice with information that verifies compliance or fails to take the necessary actions to come into compliance, the DBR may attempt to contact the person utilizing other contact methods through information provided on any tag purchasing form submitted to DBR (e.g. telephone) or other contact information reasonably obtained by DBR (e.g. public telephone listings).
5. Reasonable Inspection: If an alternative contact attempt has been unsuccessful or, if after ten (10) business days following an alternative contact, the person has not yet provided information that verifies compliance or taken the necessary actions to come into compliance, then the person may be subject to reasonable inspection by DBR to ensure compliance with the tagging requirements and plant possession limits set forth in the Act and these regulations. DBR shall make an effort to schedule inspections in advance.