Connecticut Issues New Guidance Allowing Medical Marijuana Sales Without Pharmacist Physically On Site

Key Points
  • Connecticut regulators clarified that registered employees at medical marijuana dispensaries and hybrid retailers can complete sales without a pharmacist physically present, as per guidance issued under Public Act 26-8.
  • Licensed pharmacists must remain readily available for consultation remotely within two hours and in person within two business days, but are no longer required to work a minimum number of hours on-site or weekly.
  • Pharmacists retain specific responsibilities including uploading data to the Prescription Monitoring and Reporting System and conducting daily audits of sales and patient information to ensure compliance.
  • Registered employees selling medical marijuana must complete four hours of education on products, ethics, privacy laws, and palliative use, while the technician-to-pharmacist ratio remains capped at three to one, with no required ratio for other employees.

Connecticut regulators have issued new guidance clarifying that registered employees at medical marijuana dispensaries and hybrid retailers can prepare and complete sales to patients without a pharmacist physically present at the location.

The Connecticut Department of Consumer Protection issued the guidance September 3 to explain changes enacted under Public Act 26-8, which modified requirements governing medical marijuana sales.

Under the new rules, registered employees may receive an order, select and label marijuana products and complete the transaction through the point-of-sale system even when a pharmacist is not onsite.

A licensed pharmacist must still be readily available for consultation whenever a dispensary facility or hybrid retailer is open to patients and caregivers. The department defines readily available as being accessible for a remote consultation within two hours and for an in-person consultation within two business days of a request.

Pharmacists are no longer required to work at least 20 hours per week for a dispensary or hybrid retailer, nor are they required to be physically present for a minimum number of hours.

The guidance retains several responsibilities specifically for pharmacists and dispensary technicians. Only a licensed pharmacist or a dispensary technician working under the direction of a pharmacist may upload information to the Connecticut Prescription Monitoring and Reporting System, unless the information is uploaded automatically through the retailer’s point-of-sale system.

Pharmacists must also conduct a daily audit comparing sales data with information uploaded to the monitoring system. The review includes examining each patient’s transaction, dosage, provider instructions and controlled substance history and determining whether the marijuana was appropriately provided.

Employees who are not pharmacists or dispensary technicians remain prohibited from accessing the prescription monitoring system.

Registered employees who sell medical marijuana must complete four hours of education covering marijuana products and dosage, professional ethics, patient privacy laws and developments in the palliative use of marijuana.

The existing ratio allowing up to three dispensary technicians for each pharmacist also remains in place. However, the department says there is no required ratio between other registered employees and pharmacists.

The changes stem from Sections 31 and 67 of Public Act 26-8, which became effective upon passage earlier this year. The law made a broader series of changes to Connecticut’s marijuana and hemp regulations, including removing several previous pharmacist requirements for medical marijuana retailers.