(1)
General
Requirements.
(a) For purposes of
935
CMR 500.145, Delivery Items means Finished
Marijuana Products, Marijuana Accessories, and Marijuana Establishment Branded
Goods.
(b) A Delivery License or
Delivery Endorsement is a necessary prerequisite for the delivery of Delivery
Items directly to Consumers, and as permitted, Marijuana Couriers, to Patients
or Caregivers. Applications for a Delivery License or Delivery Endorsement
shall be in a form and manner to be determined by the Commission.
(c) Prior to commencing operations, Delivery
Licensee or a Marijuana Establishment with a Delivery Endorsement shall comply
with all operational requirements imposed by:
2.
935
CMR 500.110 as applicable, including
935
CMR 500.110(8);
and
(d) All individuals delivering for a Delivery
Licensee or a Marijuana Establishment with a Delivery Endorsement directly to
Consumers, and as permitted Patients or Caregivers, shall be employees of the
Delivery Licensee or a Marijuana Establishment with a Delivery Endorsement and
shall hold a valid Marijuana Establishment Agent registration.
(e) All Marijuana and Marijuana Products
delivered by a Marijuana Courier shall be obtained from a licensed Marijuana
Retailer or MTC. A Marijuana Courier may deliver Marijuana Establishment
Branded Goods and MTC Branded Goods carrying the Marijuana Courier's brand or
that of a licensed Marijuana Retailer or MTC. A Marijuana Courier may deliver
Marijuana Accessories from a licensed Marijuana Retailer or MTC, or acquire and
deliver their own Marijuana Accessories. A Marijuana Courier may not acquire
electronic vape devices, hardware or batteries utilized in products that
vaporize concentrates and oils, other than from a licensed Marijuana Retailer
or MTC.
1. Marijuana Couriers shall only
obtain Marijuana or Marijuana Products for delivery from a licensed Marijuana
Retailer or MTC with which the Marijuana Courier has a Delivery
Agreement.
2. All agreements
between a Marijuana Courier and a Marijuana Retailer or MTC shall be disclosed
under the requirements of licensure in
935
CMR 500.101 and subject to limitations on
control over Licenses under
935
CMR 500.050(1)(b).
3. The Commission shall be notified in
writing of any Substantial Modification to a Delivery Agreement.
(f) Delivery Operators shall only
deliver Finished Marijuana Products, Marijuana Accessories and Marijuana
Establishment Branded Goods carrying the Delivery Operator's brand or that of a
licensed Marijuana Cultivator, Marijuana Product Manufacturer, Microbusiness or
Craft Marijuana Cooperative. All Finished Marijuana Products delivered by a
Delivery Operator Licensee shall be obtained from a licensed Marijuana
Cultivator, Marijuana Product Manufacturer, Microbusiness or Craft Marijuana
Cooperative and shall comply with
935
CMR 500.105(1)(e). Delivery
Operators may deliver Marijuana Establishment Branded Goods carrying the
Delivery Operator's brand or that of a licensed Marijuana Cultivator, Marijuana
Product Manufacturer, Microbusiness or Craft Marijuana Cooperative.
1. A Delivery Operator shall only obtain
Finished Marijuana Products for delivery from a licensed Marijuana Cultivator,
Marijuana Product Manufacturer, Microbusiness or Craft Marijuana Cooperative
with which the Delivery Operator has a Wholesale Agreement.
2. All Wholesale Agreements between a
Delivery Operator and a Marijuana Cultivator, Marijuana Product Manufacturer,
Microbusiness or Craft Marijuana Cooperative shall be subject to limitations on
control over Licenses under
935
CMR 500.050(1)(b) and shall
be subject to inspection and disclosure under
935
CMR 500.105(9).
3. The Commission shall be notified in
writing of any Substantial Modification to a Wholesale Agreement.
(g) A Delivery Licensee or a
Marijuana Establishment with a Delivery Endorsement and Marijuana Retailer may
use a Third-party Technology Platform Provider to facilitate orders by
Consumers, and as permitted Patients or Caregivers.
1. All agreements between a Delivery Licensee
or a Marijuana Establishment with a Delivery Endorsement and a Third-party
Technology Platform Provider shall be submitted to the Commission prior to
Final Licensure as part of the requirements for licensure in
935
CMR 500.101 and shall be subject to the
control limitations under
935
CMR 500.050(1)(b).
2. The Commission shall be notified in
writing within five days of the following:
a.
Any Substantial Modification to an agreement.
b. Any new or additional or assigned
agreements between a Delivery Licensee or a Marijuana Establishment with a
Delivery Endorsement and a Third-party Technology Platform Provider.
3. Contracts between Delivery
Licensees and Third-party Technology Platform Providers shall be negotiated at
arm's length and entered into knowingly and willingly by both parties.
a. The terms of a contract between a Delivery
Licensee and a Third-party Technology Platform Provider shall be transparent
and shall describe the methodology for determining the placement of Delivery
Licensees in search results.
b. The
terms of a contract between a Delivery Licensee and a Third-party Technology
Platform Provider shall define the fee structure for payment of services
provided under the contract.
c. The
terms of a contract between a Delivery Licensee and a Third-party Technology
Platform Provider shall include that the placement of Delivery Licensees in
search results shall be based on objective, consumer-oriented criteria which
may include, but shall not be limited to, time to deliver to the Consumer;
Finished Marijuana Product price; and Finished Marijuana Product
availability.
d. Inducements
intended to influence the placement of Delivery Licensees shall be strictly
prohibited. No Delivery Licensee shall directly or indirectly give, permit
other people or entities to give, receive or otherwise accept, an Inducement in
any effort to persuade or influence a Third-party Technology Platform Provider
to list any particular Delivery Licensee, brand or kind of Finished Marijuana
Product, or to persuade or influence a Third-party Technology Platform Provider
from listing any particular Delivery Licensee, brand or kind of Finished
Marijuana Product.
e. Advertising
by a Delivery Licensee on a Third-party Technology Platform Provider shall not
be considered to be an Inducement, provided:
i. The contract terms for Advertising clearly
state that the decision by a Delivery Licensee to advertise or not to advertise
on a Third-party Technology Platform Provider shall not influence the placement
of that Delivery Licensee in search results.
ii. Any advertisement shall include a clear
and conspicuous disclosure on the face of the advertisement that it is paid
Advertising.
iii. No Delivery
Licensee may advertise or market Marijuana or Marijuana Products in conjunction
with a Third-party Technology Platform Provider outside of the technology
platform and shall ensure that the Third-party Technology Platform Provider
does not use the Delivery Licensee's license number, legal business name or
Brand Name on any advertisement or marketing that primarily promotes the
services of the technology platform.
4. A Delivery Licensee, in its engagement
with a Third-party Technology Platform Provider shall ensure compliance with
the consumer and patient protection standards established by M.G.L. c. 94G and
c. 94I and the associated regulations, including, but not limited to
935
CMR 500.820 and
935
CMR 501.820:
Confdentiality,
and other applicable state laws.
5.
A Delivery Licensee shall ensure minimum identifying information regarding the
Delivery Licensee and its products, including but not limited to the Delivery
Licensee's business name and license number, and as specified by the
Commission, is on its menu and any receipt provided to Consumers placing an
order for Marijuana and Marijuana Products through the technology
platform.
(h) The maximum
retail value of Marijuana or Marijuana Products allowed in a Delivery Licensee
or a Marijuana Establishment with a Delivery Endorsement's vehicle at any one
time shall not exceed $5,000; provided, however, that a vehicle with two Agents
shall be allowed to have the maximum retail value up to $10,000. Each Marijuana
Product shall be associated with a specific Individual Order. For purposes of
this provision, "maximum retail value" shall mean the aggregate value of
Marijuana and Marijuana Products as priced on the day of the order for
delivery.
(i) The maximum wholesale
value of Marijuana or Marijuana Products allowed in a Marijuana Delivery
Operator Licensee's vehicle at any one time shall not exceed $5,000 when
conducting Wholesale activities with one Marijuana Establishment Agent present;
provided, however, that a vehicle with two Agents shall be allowed to have a
total Wholesale value in excess of $5,000. All Marijuana or Marijuana Products
shall be associated with a specific Individual Order. For purposes of this
provision, "maximum wholesale value" shall mean the aggregate value of
Marijuana and Marijuana Products as priced on the day of the order for
wholesale.
(j) All Marijuana and
Marijuana Product deliveries shall be tracked using the Seed-to-sale SOR as
designated by the Commission.
(k)
Records of sales of Marijuana Accessories and Marijuana Establishment Branded
Goods shall be maintained by the Delivery Licensee or Marijuana Establishment
with a Delivery Endorsement, but may not be tracked in the Seed-to-sale
SOR.
(l) For non-Marijuana or
non-Marijuana Product sales, a Delivery Licensee or Marijuana Establishment
with a Delivery Endorsement shall comply with Massachusetts tax laws, and DOR
rules and regulations including, but not limited to,
830
CMR 62C.25.1:
Record
Retention and DOR Directive 16-1 regarding recordkeeping
requirements.
(m) Deliveries by a
Delivery Licensee or a Marijuana Establishment with a Delivery Endorsement
shall be geographically limited to:
1. The
municipality identified as the Marijuana Establishment License's place of
business;
2. Any municipality which
allows for retail within its borders whether or not one is operational;
or
3. Any municipality which after
receiving notice from the Commission, has notified the Commission that delivery
may operate within its borders.
(n) All deliveries shall be completed between
7:00 A.M. to 11:00 P.M. local time. A Host Community may set alternative
delivery hours by municipal ordinance or by-law; provided, however, that a
municipality shall not set an earlier time to begin deliveries nor set a later
time to complete deliveries.
(o)
Every effort shall be made to minimize the amount of cash carried in a Delivery
Licensee or Marijuana Establishment with a Delivery Endorsement vehicle at any
one time. Marijuana Retailers utilizing a Delivery Licensee or a Marijuana
Establishment with a Delivery Endorsement for Consumer transactions shall use
best efforts to implement platforms for the electronic payment of funds. Where
cash is carried by a Delivery Licensee or a Marijuana Establishment with a
Delivery Endorsement vehicle, cash shall be stored in a locked
compartment.
(p) Delivery Licensees
and Marijuana Establishments with a Delivery Endorsement shall comply with the
requirements of
935
CMR 500.110(7) for purposes
of cash transport to financial institutions.
(q) In addition to complying with
935
CMR 500.105(4), a Delivery
Licensee shall include on any website it operates or that operates on its
behalf the license number(s) issued by the Commission.
(r) In addition to complying with
935
CMR 500.105(4), a Marijuana
Establishment with a Delivery Endorsement shall include on any website it
operates or that operates on its behalf the endorsement number(s) issued by the
Commission.
(2)
Orders Fulfilled by Marijuana Couriers. All orders for
deliveries made by a Marijuana Courier or a Marijuana Establishment with a
Delivery Endorsements shall comply
935
CMR 500.145(1)(e) and the
following requirements:
(a) Orders for
Consumer delivery shall be received by a Marijuana Retailer and transmitted to
a Marijuana Courier for delivery to a Residence.
(b) Only Marijuana Products that are
Shelf-stable may be delivered. Products that are perishable or time and
temperature controlled to prevent deterioration may not be allowed to be
delivered by a Marijuana Courier or a Marijuana Establishment with a Delivery
Endorsement.
(c) A Marijuana
Courier or Marijuana Establishment with a Delivery Endorsements shall deliver
only to the Residence address provided. A Marijuana Courier or a Marijuana
Establishment with a Delivery Endorsement shall be prohibited from delivering
to college-or university-designated dormitories or housing; and federal public
housing identified at
https://resources.hud.gov/.
(d) A Marijuana Courier shall only acquire
from a Marijuana Retailer and deliver Marijuana or Marijuana Products for which
a specific order has been received by a licensed Marijuana Retailer with which
the Marijuana Courier has a Delivery Agreement. A Marijuana Courier is
prohibited from delivering Marijuana or Marijuana Products without a specific
order destined for an identified Residence. An order may be generated directly
through a Marijuana Retailer or through a Third-party Technology Platform
identified to the Commission under
935
CMR 500.145(1)(g).
(e) A Marijuana Establishments with a
Delivery Endorsement shall only acquire from its inventory at the Marijuana
Establishment premises and deliver Marijuana or Marijuana Products for which a
specific order has been received. Marijuana Establishments with a Delivery
Endorsement are prohibited from delivering Marijuana or Marijuana Products
without a specific order destined for an identified Residence. An order may be
generated directly through a Marijuana Establishments with a Delivery
Endorsement or through a Third-party Technology Platform identified to the
Commission under
935
CMR 500.145(1)(g).
(f) Delivery Licensees or a Marijuana
Establishments with a Delivery Endorsements are prohibited from delivery of
more Marijuana or Marijuana Products to an individual Consumer than the
individual possession amounts authorized by M.G.L. c. 94G, § 7(a)(1). An
Individual Order may not exceed one ounce of Marijuana or its dry-weight
equivalent. The Individual Order shall only be delivered to the individual
Consumer identified on the order after verification of the individual's
identity consistent with the requirements of
935
CMR 500.140(2)(d) and
500.145(4).
A Marijuana Courier or a Marijuana Establishment with a Delivery Endorsements
shall only deliver one Individual Order, per Consumer, during each
delivery.
(g) A Marijuana Courier
or a Marijuana Establishment with a Delivery Endorsement may not deliver to the
same Consumer at the same Residence more than once each calendar day and only
during authorized delivery hours.
(h) For Consumer delivery, each order shall
be packaged and labeled in accordance with
935
CMR 500.105(5) and (6)
originating the order prior to transportation by the Marijuana Courier or a
Marijuana Establishment with a Delivery Endorsement to the Consumer.
(i) Any Delivery Item that is undeliverable
or is refused by the Consumer shall be transported back to the originating
Marijuana Establishment that provided the product once all other deliveries
included on a delivery manifest have been made. A Marijuana Courier or
Marijuana Establishment with a Delivery Endorsement is prohibited from
maintaining custody overnight of Marijuana or Marijuana Products intended for
delivery. It shall be the responsibility of the Marijuana Courier or Marijuana
Establishment with a Delivery Endorsement, in conjunction with the Marijuana
Retailer with which there is a Delivery Agreement, to ensure that any
undelivered product is returned to the appropriate Marijuana Retailer and not
retained by the Marijuana Courier or Marijuana Establishment with a Delivery
Endorsement. A process for ensuring that undelivered Marijuana and Marijuana
Products can be returned to the Marijuana Retailer by the Marijuana Courier
shall be a term of the Delivery Agreement.
(3)
Orders Fulfilled by Delivery
Operators. All orders for deliveries made by a Delivery Operator
shall comply with
935
CMR 500.145(1)(f) and the
following requirements:
(a) Orders for
Consumer delivery by a Delivery Operator shall be received by the Delivery
Operator.
(b) Only Finished
Marijuana Products that are Shelf-stable may be delivered. Products that are
perishable or time and temperature controlled to prevent deterioration may not
be allowed to be delivered by a Delivery Operator.
(c) A Delivery Operator shall deliver only to
the Residence address provided. A Delivery Operator shall be prohibited from
delivering to college- or university-designated dormitories or housing; and
federal public housing identified at
https://resources.hud.gov/.
(d) A Delivery Operator shall only acquire
from its inventory at its Warehouse and deliver Finished Marijuana Products for
which a specific order has been received by the Licensee. Delivery Operators
are prohibited from loading a delivery vehicle for deliveries and delivering
Finished Marijuana Products without a specific order destined for an identified
Residence. An order may be generated directly through a Delivery Operator or
through a Third-party Technology Platform identified to the Commission under
935
CMR 500.145(1)(g).
(e) Delivery Operators are prohibited from
delivery of more Finished Marijuana Products to an individual Consumer than the
individual possession amounts authorized by M.G.L. c. 94G, § 7(a)(1). An
Individual Order may not exceed one ounce of Marijuana or its dry-weight
equivalent. The Individual Order shall only be delivered to the individual
Consumer identified on the order after verification of the individual's
identity consistent with the requirements of
935
CMR 500.145(5). A Delivery
Operator shall only deliver one Individual Order, per Consumer, during each
delivery.
(f) A Delivery Operator
may not deliver to the same Consumer at the same Residence more than once each
calendar day and only during authorized delivery hours.
(g) Prior to fulfilling an Individual Order
for delivery to a Consumer, each Finished Marijuana Product shall be packaged
and labeled in accordance with
935
CMR 500.105(5) and (6)
before transportation by the Delivery Operator.
(h) Any Delivery Item that is undeliverable
or is refused by the Consumer shall be transported back to the originating
Delivery Operator's Warehouse that provided the product once all other
deliveries included on a delivery manifest have been made.
(4)
Marijuana Courier Consumer
Age Verification.
(a) A Marijuana
Retailer shall require any Consumer making a purchase for delivery by a
Marijuana Courier or a Marijuana Establishment with a Delivery Endorsement to
have the valid government-issued identification card a Consumer intends to use
to verify her or his age at the time of delivery examined and authenticated by
the Marijuana Retailer prior to the first Individual Order.
(b) Pre-verification of the Consumer's
identification shall be performed prior to the initial delivery, by using one
of the following Pre-verification methods:
1.
In-person at the Marijuana Retailer's physical location or through a Commission
approved electronic means, which may include a Commission-approved Third-party
Technology Platform, and shall include examination of the Consumer's valid,
unexpired government-issued photo identification that bears a date of birth in
accordance with
935
CMR 500.140(2)(d). A
Marijuana Courier or Marijuana Establishment with a Delivery Endorsement is
prohibited from performing a delivery to any Consumer who has not established
an account for delivery through Pre-verification of the Consumer's
government-issued identification card by the Marijuana Retailer; or
2. Through a Commission-approved electronic
means and shall include examination of the Consumer's valid, unexpired
government-issued photo identification that bears a date of birth. A Marijuana
Establishment with a Delivery Endorsement is prohibited from performing a
delivery to any Consumer who has not established an account for delivery
through Pre-verification of the Consumer's government-issued identification
card.
(c) A Marijuana
Courier or a Marijuana Establishment with a Delivery Endorsement may not
deliver Delivery Items to any Person other than the Consumer who ordered the
Delivery Items.
(d) A Marijuana
Courier or a Marijuana Establishment with a Delivery Endorsement shall verify
the age and identity of the Consumer at the time at which the Delivery Items
are delivered to the Consumer at a Residence to ensure that Marijuana and
Marijuana Products are not delivered to individuals younger than 21 years old.
Prior to relinquishing custody of the Marijuana or Marijuana Products to the
Consumer, the Marijuana Establishment Agent conducting the delivery shall
verify that the government-issued identification card of the Consumer receiving
the Marijuana or Marijuana Products matches the pre-verified government-issued
identification card of the Consumer who placed the order for delivery by:
1. Viewing the government-issued
identification as provided for Pre-verification under
935
CMR 500.145(4)(a);
2. Viewing proof of order generated at the
time of order; and
3. Receiving the
signature of the Consumer who ordered the Delivery Items and verifying that the
signature matches the government-issued photo identification card
presented.
(5)
Delivery Operator Consumer Age Verification.
(a) A Delivery Operator shall require any
Consumer making a purchase for delivery to have the valid government-issued
identification card a Consumer intends to use to verify her or his age at the
time of delivery examined and authenticated by the Delivery Operator prior to
the first Individual Order.
(b)
Pre-verification of the Consumer's identification shall be performed prior to
the initial delivery through a Commission approved electronic means, which may
include a Commission-approved Third-party Technology Platform, and shall
include examination of the Consumer's valid, unexpired government-issued photo
identification that bears a date of birth.
(c) A Delivery Operator may not deliver
Finished Marijuana Products to any Person other than the Consumer who ordered
the Finished Marijuana Product.
(d)
A Delivery Operator shall verify the age and identity of the Consumer at the
time at which the Finished Marijuana Products are delivered to the Consumer at
a Residence to ensure that Finished Marijuana Products are not delivered to
individuals younger than 21 years old. Prior to relinquishing custody of the
Finished Marijuana Products to the Consumer, the Marijuana Establishment Agent
conducting the delivery shall verify that the government-issued identification
card of the Consumer receiving the Finished Marijuana Products matches the
pre-verified government-issued identification card of the Consumer who placed
the order for delivery by:
1. Viewing the
government-issued identification as provided for Pre- verification under
935
CMR 500.145(5)(a);
2. Viewing proof of order generated at the
time of order; and
3. Receiving the
signature of the Consumer who ordered the Delivery Items and verifying that the
signature matches the government-issued photo identification card
presented.
(6)
Vehicle and Transport Requirements for Consumer
Delivery.
(a) Vehicles used for
Consumer delivery by a Delivery Licensee or a Marijuana Establishment with a
Delivery Endorsement shall be owned or leased by the Delivery Licensee or a
Marijuana Establishment with a Delivery Endorsement, shall be properly
registered as commercial vehicles, and inspected and insured in the
Commonwealth of Massachusetts.
(b)
Vehicles used for Consumer delivery by a Delivery Licensee or a Marijuana
Establishment with a Delivery Endorsement may be parked overnight at the
address identified as the Licensee's place of business or another location,
provided that keeping the vehicle at the identified location complies with all
general and special bylaws of the municipality.
(c) Vehicles used for Consumer delivery by a
Delivery Licensee or a Marijuana Establishment with a Delivery Endorsement
shall carry liability insurance in an amount not less than $1,000,000 combined
single limit.
(d) Any vehicle used
to transport or deliver Marijuana or Marijuana Products shall comply with
applicable Massachusetts Registry of Motor Vehicles (RMV) requirements, but may
not include any additional external marking that indicate the vehicle is being
used to transport or deliver Marijuana or Marijuana Products.
(e) A Delivery Licensee or a Marijuana
Establishment with a Delivery Endorsement transporting Marijuana and Marijuana
Products for Consumer delivery shall ensure that all vehicles used for
deliveries are staffed with a minimum of one Marijuana Establishment Agent. The
Agent or Agents shall remain inside the vehicle at all times that the vehicle
contains Marijuana or Marijuana Products, unless completing a Consumer
delivery.
(f) Marijuana
Establishment Agent or Agents shall take all necessary steps to secure the
vehicle at all times when Marijuana or Marijuana Products are in the
vehicle.
(g) Marijuana and
Marijuana Products must not be visible from outside the vehicle.
(h) A Delivery Licensee or a Marijuana
Establishment with a Delivery Endorsement shall transport Marijuana and
Marijuana Products in a secure, locked storage compartment that is a part of
the vehicle and complies with the requirements of
935
CMR 500.110(8).
(i) A Delivery Licensee or a Marijuana
Establishment with a Delivery Endorsement shall maintain, in each vehicle used
for deliveries, a secure, locked storage compartment for the purpose of
transporting and securing cash used as payment. This compartment shall be
separate from compartments required under
935
CMR 500.145(5)(g) for the
transport of Marijuana and Marijuana Products.
(j) In the case of an emergency stop during
the transportation of Delivery Items, a log shall be maintained describing the
reason for the stop, the duration, the location, and any activities of
personnel exiting the vehicle. The Marijuana Establishment Agents in the
vehicle shall provide notice of the location of the stop and employ best
efforts to remain in contact with the Delivery Licensee or a Marijuana
Establishment with a Delivery Endorsement.
(k) The Marijuana Establishment Agent or
Agents transporting Delivery Items for Consumer delivery shall contact the
Delivery Licensee's or a Marijuana Establishment with a Delivery Endorsement's
fixed location when completing any delivery or when making any unscheduled
stops.
(l) The Delivery Licensee or
a Marijuana Establishment with a Delivery Endorsement shall maintain a separate
log for each vehicle in use for Consumer deliveries. For each delivery, the
Delivery Licensee's or a Marijuana Establishment with a Delivery Endorsements
shall record:
1. The location of the
originating Marijuana Establishment and date and time the vehicle leaves the
location;
2. The mileage of the
transporting vehicle at departure from the Marijuana Establishment mileage on
arrival at each Consumer destination, and mileage on return to the Marijuana
Establishment;
3. The date and time
of departure from the Marijuana Establishment and arrival at each Consumer
destination for each delivery; and
4. An entry indicating the date and time of
the last delivery in an order.
(m) A Delivery Licensee or a Marijuana
Establishment with a Delivery Endorsement shall ensure that all delivery routes
remain within the Commonwealth of Massachusetts at all times.
(n) A Delivery Licensee or a Marijuana
Establishment with a Delivery Endorsement shall make every effort to randomize
its delivery routes.
(o) A Delivery
Licensee or a Marijuana Establishment with a Delivery Endorsements may not
transport products other than Delivery Items during times when the Delivery
Licensee or a Marijuana Establishment with a Delivery Endorsements are
performing Consumer deliveries.
(p)
Firearms are strictly prohibited from Delivery Licensee or a Marijuana
Establishment with a Delivery Endorsement vehicles and from Marijuana
Establishment Agents performing Consumer deliveries.
(7)
Manifests.
(a) Every Consumer delivery shall have a
manifest produced by the originating Marijuana Establishment. A Marijuana
Retailer shall provide the manifest to the Delivery Licensee or Marijuana
Establishment with a Delivery Endorsement. A Delivery Operator shall produce
its manifests. A manifest shall be completed in duplicate, with the original
manifest remaining at the premises of the originating Marijuana Establishment,
whether it is a Marijuana Retailer or a Delivery Operator, and a copy to be
kept with the Delivery Licensee agent or a Marijuana Establishment with a
Delivery Endorsement agent during the delivery.
The manifest shall be signed by the Consumer, and as applicable
Patient or Caregiver receiving the Marijuana or Marijuana Products and the
Marijuana Establishment Agent acting on behalf of the Delivery Licensee or a
Marijuana Establishment with a Delivery Endorsement. A signed manifest shall
serve as the written record of the completion of the delivery. A manifest does
not need to include Marijuana Accessories or Marijuana Establishment Branded
Goods, however, the Delivery Licensee or Marijuana Establishment with a
Delivery Endorsement shall maintain a record of the sale of all Delivery
Items.
(b) The manifest
shall, at a minimum, include:
1. The
originating Marijuana Retailer's or Delivery Operator's name, address, and
License number;
2. The name and
License number of the Delivery Licensee or a Marijuana Establishment with a
Delivery Endorsement performing the Consumer delivery;
3. The names and Marijuana Establishment
Agent numbers of the Marijuana Establishment Agents performing the
delivery;
4. The Consumer's,
Patient's or Caregiver's name and address;
5. A description of the Marijuana or
Marijuana Products being transported, including the weight or count, and form
or type of product;
6. Signature
lines for the agents who transported the Marijuana or Marijuana
Products;
7. A signature line for
Consumer, Patient or Caregiver who receives the Marijuana or Marijuana
Products; and
8. The Delivery
Licensee or a Marijuana Establishment with a Delivery Endorsement vehicle make,
model, and license plate number.
(c) The manifest shall be maintained within
the vehicle during the entire transportation process, until all the deliveries
are completed.
(d) A Marijuana
Establishment shall retain all transportation manifests for no less than one
year and make them available to the Commission on request.