Current through Register Vol. 49, No. 18, September 16, 2024
(1) Any
licensee transporting or storing marijuana product shall comply with the
provisions of this section.
(2)
Transfer of marijuana product, generally.
(A)
A medical or marijuana licensee shall be allowed to transfer marijuana product
between facilities, in compliance with the requirements and prohibitions
provided in this chapter.
(B)
Marijuana product may only be transferred as follows:
1. From a medical facility to another medical
facility or testing facility;
2.
From a comprehensive facility to another comprehensive facility, medical
facility, or testing facility;
3.
From a microbusiness facility to another microbusiness facility or testing
facility; and
4. Marijuana facility
licensees not specifically identified above may transfer marijuana product with
department approval, in compliance with the requirements and prohibitions of
this chapter.
(C) Testing
licensees may only transport marijuana product that they intend to
test.
(D) The agent transferring
marijuana product must-
1. Ensure accuracy of
the transportation manifest;
2.
Ensure marijuana product is stored and transported in a way that prevents
contamination and degradation; and
3. Ensure a secure handoff.
(3) Delivery of
marijuana product, generally.
(A) A dispensary
licensee or a transportation licensee shall be allowed to deliver marijuana
product to consumers, qualifying patients, and primary caregivers in compliance
with the requirements and prohibitions provided in this chapter.
(B) Marijuana product may only be delivered
as follows:
1. From a medical dispensary
facility to a qualifying patient or primary caregiver; or
2. From a comprehensive dispensary facility
or microbusiness dispensary facility to a consumer, qualifying patient, or
primary caregiver.
(C)
Delivery to a consumer, qualifying patient, or primary caregiver may be
completed at any address as directed by the consumer, qualifying patient, or
primary caregiver, as long as the address is a location allowing for the legal
possession of marijuana product.
(D) At the time of delivery, licensees must-
1. Require production of a qualifying patient
or primary caregiver identification card if applicable;
2. Require production of a valid (not
expired) government-issued photo ID confirming the identity of the qualifying
patient, primary caregiver, or consumer and that a consumer is at least
twenty-one (21) years of age;
3. In
the case of marijuana plant purchases, require production of a cultivation
identification card; and
4. Record
the delivery of product in the state-wide track and trace system.
(4) Security
requirements related to transportation, except transfers between licensees
operating on the same premises.
(A) Licensees
authorized by the department to transport marijuana product shall transport all
marijuana product from an originating facility to an authorized destination
within thirty-six (36) hours of taking possession of the marijuana product.
1. If the transfer or delivery is unable to
be completed for any reason, transportation licensees shall return the
marijuana product to the originating licensee.
2. When extenuating circumstances necessitate
holding marijuana product longer than thirty-six (36) hours, the licensee
transporting the marijuana product shall notify the department of the
circumstances and the location of the marijuana product prior to the end of the
thirty-six (36) hour transportation deadline.
(B) All transportation must be completed
using motor vehicles that are not marked in any way that indicates marijuana
product is being transported by that vehicle and that are equipped with at
least-
1. A secure lockbox or locking cargo
area made of smooth, hard surfaces that are easily cleaned for storing
marijuana product during transit;
2. A secure lockbox or lockboxes for storing
payments and video monitoring recording equipment during transit;
3. Video monitoring of the driver and
passenger compartment and of any space where marijuana product is stored or can
be accessed during transit; and
4.
GPS tracking.
(C)
Facility agents transporting marijuana product shall-
1. Prior to transporting marijuana product,
complete and print an inventory manifest for the trip generated from the
state-wide track and trace system, which shall be provided by the facility from
which the marijuana product is transported;
2. During transport-
A. Have facility agent identification card(s)
accessible at all times;
B. Have a
valid (not expired) driver's license accessible at all times;
C. Keep a copy of the applicable inventory
manifest and trip plan in the transportation vehicle, which shall be within
reach of the driver for the duration of the trip; and
D. Have accessible at all times a cell phone
or other means to readily communicate with individuals or entities outside the
transport vehicle, including law enforcement and the department;
3. The facility agent transporting
the marijuana product shall report any vehicle accidents in which the transport
vehicle is involved within one (1) hour to law enforcement and the licensed or
certificated entity for whom the agent is transporting; and
4. After transport, revise the trip plan to
reflect the actual route taken and the end date and time of transportation, and
deliver the revised trip plan to a person designated by the transporting entity
for this purpose.
(D) Any
vehicle accident, vehicle malfunction that occurs during the transport of
marijuana product, theft, attempted theft, or loss of marijuana product shall
be reported to the department within two (2) hours of the licensee becoming
aware of the incident.
(E) All trip
plans and revised trip plans shall be maintained by the facility transporting
the marijuana product for at least five (5) years.
(F) Video and GPS monitoring in
transportation vehicles.
1. Electronic video
monitoring for transportation of marijuana product must include video cameras
with a recording resolution of at least 1920 x 1080, or the equivalent, at a
rate of at least fifteen (15) frames per second, that operate in such a way as
to allow identification of people and activities in the monitored space, in all
lighting levels, and that are installed in manner that will prevent the video
camera from being readily obstructed, tampered with, or disabled.
2. Video cameras must provide coverage of the
driver and passenger compartment of the vehicle, and any space where marijuana
product is stored or can be accessed during transit, including any doors that
lead to where the marijuana product is stored.
3. Licensees must store all recordings from
the video cameras and GPS data for at least sixty (60) days in a secure on-site
or off-site location or through a service or network that provides on-demand
access to the recordings that allows for providing copies of the recordings to
the department upon request, in the requested format, at the expense of the
licensee.
4. Video monitoring must
be active at all times when marijuana product is inside, entering, or exiting
the vehicle.
(5) Security requirements related to
transfers between licensees operating on the same premises.
(A) Facility agents transferring marijuana
product between licensees operating on the same premises shall-
1. Prior to transferring marijuana product,
complete and print an inventory manifest generated from the state-wide track
and trace system, which shall be provided by the facility from which the
marijuana product is transferred.
2. Transfer of marijuana product may be done
by motor vehicle or other secure means. During transfer, facility agents must-
A. Have facility agent identification card(s)
accessible at all times; and
B.
Have a copy of the applicable inventory manifest and trip plan accessible for
the duration of the transfer.
(B) Any incident of theft, attempted theft,
or loss of marijuana product during transfer shall be reported to the
department within two (2) hours of becoming aware of the
incident.
(6) Warehouse
storage, generally.
(A) Licensees shall be
allowed to store marijuana product in compliance with the requirements and
prohibitions provided in this chapter.
(B) Transportation facility certificate
holders may only store marijuana product for purposes related to the
transportation of marijuana product.
(C) Licensees shall store all marijuana
product-
1. At designated location(s) within
the facility where the licensee is approved to operate; or
2. In warehouses that have been approved by
the department in writing, pursuant to this chapter.
(D) Licensees that utilize one (1) or more
warehouses to store marijuana product must apply for and be granted a separate
certificate to operate each warehousing premises.
1. Application requirements are included in
the facility applications section of this chapter.
2. Approved warehouse certificates shall be
associated with an existing facility license.
3. Transportation licensees will not be
granted a warehouse certificate.
4.
Transfers between a licensed facility and its warehouse must comply with the
transportation security requirements provided in this rule.
5. Transfers may not be made between a
licensed facility and a different licensee's warehouse.
6. Warehouses for dispensary licensees must
be located within the congressional district in which the underlying facility
license was awarded.
7. Warehouses
facilities may not share space with any other facility or licensee.