Current through Register Vol. 35, No. 18, September 24, 2024
A.
Division application forms:
All applications for licensure authorized pursuant to the Cannabis Regulation
Act shall be made upon current forms prescribed by the division found on the
division website.
B.
License
required: Unless licensed pursuant to the Cannabis Regulation Act and
division rules, a person shall not transport cannabis products directly to
qualified patients, primary caregivers or reciprocal participants, or directly
to consumers.
C.
Consumer
delivery:
(1) A licensee may deliver
cannabis or cannabis products from a licensed retail establishment to a
qualified patient who is at least 18 years of age, a primary caregiver or a
reciprocal participant, or a consumer who is at least 21 years of
age.
(2) Licensees shall only
deliver to the person who is identified by the retail cannabis licensee as an
intended, authorized recipient.
(3)
Licensees shall only deliver cannabis, cannabis products, or products not
containing THC that are for sale within the licensed retail establishment from
which the sale and delivery is initiated.
D.
Operational requirements:
(1) All cannabis and cannabis products
delivered by a licensed cannabis courier shall be obtained from a retail
cannabis licensee with which the cannabis courier is employed or has a delivery
agreement.
(2) All delivery
agreements between a retail cannabis licensee and a cannabis courier licensee
shall be disclosed to the division. The division shall be notified in writing
of a new delivery agreement or modification to a delivery agreement prior to
delivery of cannabis or cannabis products under a new or modified delivery
agreement.
(3) Licensees shall not
transport or deliver cannabis or cannabis products that are not individually
packaged, or that are not labeled in accordance with the Cannabis Regulation
Act and division rules.
(4) Upon
obtaining a package of cannabis or cannabis product from a retail cannabis
licensee, the cannabis courier shall hold the package in a secure area or areas
that are locked and otherwise resistant to tampering or theft, until the
package is delivered to its intended recipient or returned to the retail
cannabis licensee.
(5) Licensees
shall not relinquish possession of cannabis or cannabis products unless and
until the package of cannabis or cannabis products is either successfully
delivered to its intended recipient or returned to the retain cannabis
licensee. For purposes of this section, a package of cannabis or cannabis
product is successfully delivered only upon the licensee's verification that an
intended recipient has taken actual, physical possession of the package.
Licensees shall not leave a package at any location for any reason, unless the
package is successfully delivered to its intended recipient.
(6) At the time of delivery, a licensee shall
verify the recipient's identity by requiring presentation of the recipient's
photo identification issued by a federal or state government that includes the
name, date of birth, and picture of the intended recipient. Identification must
match the pre-verified identification of the consumer who placed the order for
delivery. Licensees shall not deliver cannabis or cannabis product to any
person whose identity is not verified in accordance with this rule. Upon
delivery to the intended recipient, the licensee shall certify having verified
the recipient's identification in accordance with this rule for each
transaction. Licensee shall view proof of the order generated at the time of
the order and receive the signature of the consumer who ordered the cannabis or
cannabis product.
(7) Licensees
shall not possess a delivery package of cannabis or cannabis product for a time
period greater than 24 hours. Licensees shall return any cannabis or cannabis
product that is not successfully delivered to its intended recipient to the
originating retail cannabis licensee within this time-period.
(8) Licensees shall not, when transporting
cannabis or cannabis products utilize a delivery vehicle that advertises or
otherwise displays signage, logos, or symbols that would indicate that the
vehicle is used for the transport of cannabis.
(9) Only shelf stable cannabis cannabis
products, and products not containing THC that are for sale within the licensed
retail establishment from which the sale and delivery is initiated may be
delivered. Products that are perishable or time and temperature controlled to
prevent deterioration may not be delivered.
E.
Confidentiality: Licensees
shall at all times take measures to ensure confidentiality and safety in the
transport and delivery of cannabis and cannabis product. A licensee may obtain
contact information of a purchasing qualified patient or primary caregiver, and
a reciprocal participant, as permitted by agreement between the licensee and a
respective retail cannabis licensee, and may utilize such information solely
for the purpose of arranging a delivery location and time with the qualified
patient or primary caregiver, or reciprocal participant. Licensees shall not
otherwise disseminate, disclose, or use identifying information or contact
information concerning a qualified patient or primary caregiver, or reciprocal
participant.
F.
Maximum
retail value: The maximum retail value allowed in a cannabis courier's
vehicle at any one time shall be $10,000 and each product shall be associated
with a specific order for delivery. For purposes of this provision, "maximum
retail value" shall mean the aggregate value of cannabis, cannabis products,
and products not containing THC that are for sale within the licensed retail
establishment from which the sale and delivery is initiated as priced on the
day of the order for delivery.
G.
Track and trace: All cannabis and cannabis product deliveries
shall be tracked using the track and trace system as designated by the
division. Records of sales of cannabis accessories shall be maintained by the
cannabis courier, but may not be tracked in the track and trace system
designated by the division.
H.
Record retention: Delivery records, including certification of
delivery, the cannabis and cannabis product delivered, the date of delivery,
and the time of delivery, shall be maintained by the cannabis courier for a
minimum of 12 months.
I.
Delivery time and location:
(1)
Limitations on the time of delivery shall comply with all local laws.
(2) Licensees shall only deliver packages of
cannabis or cannabis products to the address provided by the retail cannabis
licensee.
(3) Licensees are
prohibited from delivery to an individual consumer of more than two ounces of
cannabis, 16 grams or cannabis extract and 800 milligrams of edible
cannabis.
