Current through Register Vol. 35, No. 18, September 24, 2024
A.
General requirements: The
following requirements apply when disposing of wasted cannabis or cannabis
plants or transporting cannabis or cannabis products between licensees or
licensed premises:
(1) transportation of
cannabis or cannabis products shall only be conducted by persons holding a
cannabis establishment license under the Cannabis Regulation Act or designated
employees, or contractors, of a licensee;
(2) prior to transporting any cannabis or
cannabis products to another licensee, the licensee shall have a completed
transfer or sales invoice or receipt and a chain of custody form, the licensee
shall only transport cannabis or cannabis products listed on the invoice or
receipt and chain of custody form, and the invoice or receipt and chain of
custody form may not be altered or changed once transport begins;
(3) transportation of cannabis or cannabis
products by means of a human powered vehicle or unmanned vehicle is
prohibited;
(4) cannabis or
cannabis products shall only be transported inside of a motor vehicle or
trailer in reasonable operating condition and shall not be visible or
identifiable from outside of the vehicle or trailer;
(5) cannabis or cannabis products shall be
locked in a box, container, or cage that is secured within the inside of the
vehicle or trailer, including when such a box, container, or cage is located
inside of the trunk;
(6) vehicles
and trailers shall be locked and secured while left unattended;
(7) licensees shall not leave a vehicle or
trailer containing cannabis or cannabis products unattended in a residential
area;
(8) vehicles shall have a
vehicle alarm system;
(9) packages
or containers holding cannabis or cannabis products shall not be tampered with,
or opened, during transport;
(10)
when engaged in the transportation of cannabis or cannabis products, a licensee
shall only travel between licensees shipping or receiving cannabis or cannabis
products and its own licensed premises;
(11) licensees may transport multiple
shipments of cannabis or cannabis products at one time in accordance with
applicable laws;
(12) licensees
shall not deviate from the travel requirements described in this section,
except for necessary rest, fuel, or vehicle repair stops;
(13) under no circumstances may alcoholic
beverages be transported with cannabis or cannabis products;
(14) vehicles and trailers transporting
cannabis or cannabis products are subject to inspection by the division at any
licensed premises or during transport at any time;
(15) notwithstanding subsection A of this
section, cannabis or cannabis products may be transported by foot, hand truck,
forklift, or other similar means if it is not operationally feasible to
transport cannabis products inside of a vehicle or trailer because the licensed
premises that the cannabis products will be transported from and the licensed
premises that will be receiving the cannabis products are located within the
same building or on the same premises;
(16) storage and transportation of cannabis
and cannabis products shall be under conditions that will maintain and protect
the cannabis or cannabis products against physical, chemical, and microbial
contamination as well as against deterioration of the cannabis or cannabis
products and the container;
(17)
the vehicle must be properly registered with the New Mexico motor vehicle
division; and
(18) the driver of
the vehicle must be prepared to show proper identification, including a
licensee employee badge, driver's license, vehicle registration and proof of
insurance, and the appropriate shipping manifest and chain of custody form to
law enforcement and the division when requested.
B.
Shipping manifest: Prior to
transporting cannabis or cannabis products, a licensee shall generate a
shipping manifest through the track and trace system for the following
activities:
(1) testing and sampling of
cannabis or cannabis products;
(2)
sale of cannabis or cannabis products to a licensee;
(3) destruction, wastage, or disposal of
cannabis or cannabis products; and
(4) any other activity, as required by the
division or any other government authority.
C.
Transmittal of manifest:
Licensees shall transmit the shipping manifest to the division and (if
applicable) the licensee that will receive the cannabis or cannabis products
via the online track and trace portal prior to transporting the cannabis or
cannabis products.
D.
Verification of manifest: Licensees shall ensure and verify that
the cannabis or cannabis products being taken into possession for transport at
the originating licensed premises are described and accurately reflected in the
shipping manifest. For purposes of this section, the licensee may verify that
the cannabis or cannabis products are accurately reflected in the shipping
manifest by confirming that the number of boxes of cannabis or cannabis
products, type of cannabis or cannabis products, or the units of cannabis or
cannabis products matches the label on the boxes containing the cannabis or
cannabis products.
E.
Rejection of shipment: Licensees shall not take into possession or
transport:
(1) Any cannabis or cannabis
products that are not on the shipping manifest; or
(2) Any cannabis or cannabis products that
are less than or greater than the amount reflected on the shipping manifest,
with the exception of marginal weight difference due to curing during
transport.
F.
Responsibility for discrepancy: The licensee transporting the
cannabis or cannabis product is responsible for any discrepancies between the
shipping manifest and the cannabis or cannabis products in its possession
during transport, and subject to any enforcement or disciplinary action related
to such discrepancy.
G.
Void
or change prohibited: Licensees shall not void or change a shipping
manifest after departing from the originating licensed premises.
H.
Documentation of all
transport: A shipping manifest and chain of custody form shall accompany
every transport of cannabis products.
I.
Alternative notice of
shipment: Notwithstanding any provision of this section to the contrary,
if a transporting licensee cannot obtain access to the track and trace system,
the licensee shall complete the shipping manifest outside of the track and
trace system and promptly transmit it to the division and the licensee
receiving the shipment by electronic mail. If the transporting licensee has
access to the track and trace system and the licensee receiving the shipment
does not have access to the track and trace system, the transporting licensee
shall complete the shipping manifest in the track and trace system, transmit it
to the division, and send a copy to the licensee receiving the shipment by
electronic mail.
