Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Marijuana Commissioner
5000
5001 - Rules of the Office of the Marijuana Commissioner
Section 5001-7.0 - Tracking, Transportation, and Record Keeping

7.1.2.1 A complete inventory of all seeds, marijuana plants, immature marijuana plants, mother plants and flowering plants, marijuana, and marijuana products in the possession, control, or ownership of the marijuana establishment;

7.1.2.2 When cuttings are propagated, or seeds germinate;

7.1.2.3 Any changes to inventory of any marijuana plants, marijuana, and marijuana products;

7.1.2.4 When marijuana plants are partially or fully harvested or destroyed;

7.1.2.5 When marijuana waste is destroyed;

7.1.2.6 When an authorized transfer occurs;

7.1.2.7 Any unauthorized diversion, irregular movement, or discrepancies in inventory of marijuana plants, marijuana, or marijuana products;

7.1.2.8 All sales records;

7.1.2.9 All testing samples, including samples for research and development, and mandatory compliance test results;

7.1.2.10 The application of any substances for controlling pests, fungi, or other plant health issues; and

7.1.2.11 Any other information required by the seed-to-sale tracking system or specified by the Commissioner.

7.3.3.1 Only employees of the marijuana establishment are authorized to access the seed-to-sale tracking system.

7.3.3.2 Employees must be trained before being given access to the seed-to-sale tracking system.

7.3.3.3 The marijuana establishment is accountable for all actions employees take while logged into the seed-to-sale tracking system.

7.3.3.4 Each individual user is accountable for their actions while logged into the seed-to-sale tracking system.

7.3.3.5 Each individual user shall only log activities in the seed-to-sale tracking system under the user's own unique seed-to-sale tracking system account.

7.5.1.1 Indicate the creation of a harvest batch or production batch including the assigned harvest batch or production batch number.

7.5.1.2 Identify when inventory is no longer on the premises or is part of a transfer to another marijuana establishment, including samples for mandatory compliance testing.

7.5.1.3 Indicate test results from a licensed testing facility, as applicable.

7.5.1.4 Record all remediation steps taken to remediate any batches of marijuana or marijuana products that fail testing.

7.5.1.5 Indicate the seed-to-sale tracking system item categories for all marijuana and marijuana products.

7.5.1.6 Record the actual wholesale price of all marijuana and marijuana products sold or transferred to another marijuana establishment.

7.5.1.7 Record the actual retail price of all marijuana and marijuana products sold to a consumer.

7.5.2.1 The plan for continuing operations during temporary seed-to-sale tracking system failures must be operational on the first day the marijuana establishment is open for business and include specific forms or procedures to be used. Marijuana establishments must immediately notify the Commissioner and must keep and maintain comprehensive records detailing all marijuana plants, marijuana, and marijuana product tracking activities that were conducted during the loss of access.

7.5.2.2 Once access is restored, all marijuana plants, marijuana, and marijuana product tracking activities that occurred during the loss of access must be entered into the seed-to-sale tracking system and the Commissioner shall be notified access has been restored. Records maintained during the tracking system outage must be retained for at least 2 years.

7.5.2.3 In the event of a statewide outage of the seed-to-sale tracking system that is expected to last more than 24 hours, the Commissioner shall notify marijuana establishments of any interim tracking procedures or requirements for the duration of the outage.

7.6.1.1 Transportation may only be conducted between marijuana establishments;

7.6.1.2 Transportation may only be conducted with a transport manifest generated by the seed-to-sale tracking system;

7.6.1.3 Transportation may only be conducted while the marijuana plants, marijuana, or marijuana products are contained within an enclosed, locked area in the transport vehicle;

7.6.1.4 Transportation method must maintain the integrity and safety of packaging and products; and

7.6.1.5 All marijuana plants, marijuana, and marijuana products must be shielded from public view.

7.6.3.1 To accommodate meals and rest periods required by law.

7.6.3.2 To refuel the transport vehicle.

7.6.3.3 Emergency stops, in which case the marijuana establishments transporting the marijuana plants, marijuana, or marijuana products must promptly notify the Commissioner of the reasons for the stop;

7.6.3.4 The marijuana establishments may make multiple deliveries to other licensed premises; and

7.6.3.5 During any stop while transporting product, personnel with a valid employee identification badge issued by the Commissioner must stay with the vehicle at all times.

7.6.4.1 Be insured at or above the legal requirements in Delaware;

7.6.4.2 Be equipped with a functional alarm system;

7.6.4.3 Allow only personnel with valid employee identification badge issued by the Commissioner pursuant to subsection 6.4.4 in transport vehicles while transporting marijuana plants, marijuana, or marijuana products;

7.6.4.4 Be equipped with a GPS tracking device; and

7.6.4.5 If requested by the Commissioner, pass an inspection by the Commissioner or the Division before transporting marijuana plants, marijuana, and marijuana products.

7.6.5.1 Verify the condition and quantity of marijuana plants, marijuana, or marijuana products included in the transport manifest;

7.6.5.2 Record in the seed-to-sale tracking system and any other relevant business records any refused marijuana plants, marijuana, or marijuana products, or other discrepancies found between the marijuana plants, marijuana, or marijuana products delivered and the marijuana plants, marijuana, or marijuana products on the transport manifest;

7.6.5.3 Enter the received marijuana plants, marijuana, or marijuana products in the seed-to-sale tracking system in accordance with subsection 7.1.2 of this regulation; and

7.6.5.4 Provide an authorized signature of the personnel receiving the marijuana plants, marijuana, or marijuana products on the transport manifest belonging to the party transporting the marijuana plants, marijuana, or marijuana products.

7.6.7.1 Log into the electronic manifest.

7.6.7.2 Take custody of a shipment of products containing marijuana.

7.6.7.3 Confirm that:

7.6.7.4 Record the confirmations in the electronic manifest.

7.6.7.5 Obtain in the electronic manifest the signature or identification number of the transportation personnel who delivers the shipment.

7.6.7.6 Record in the electronic manifest the date and time the receiving personnel takes custody of the shipment.

7.6.7.7 Enter the products containing marijuana into the inventory control system.

7.6.7.8 Segregate the items in the shipment from the inventory until the item can be inspected.

7.6.7.9 Inspect each item to ensure that the packaging of each item is undamaged, accurate and complete.

7.6.7.10 Upon determining the item passes inspection, release the item into the stock.

7.6.11.1 A discrepancy between the electronic manifest and the shipment, must be reported to a supervisor.

7.6.11.2 If a discrepancy can be immediately rectified, the accepting manufacturer supervisor must record the rectification in the electronic manifest.

7.6.11.3 A discrepancy that cannot be immediately rectified must be reported to the Commissioner by the marijuana product manufacturing facility receiving delivery within 24 hours of the observation of the discrepancy. The marijuana establishment conducting the shipping must immediately investigate the discrepancy. The marijuana establishment conducting shipping must provide a preliminary report to the Commissioner within 7 business days of observation of the discrepancy, and a final report within 30 days.