Current through Register Vol. 35, No. 6, March 26, 2024
A.
Approval of couriers: The
department may approve a courier for the purpose of transporting usable
cannabis from one or more licensed non-profit producers to qualified patients,
primary caregivers, other non-profit producers, approved manufacturers and
approved laboratories.
B.
Application requirements: An applicant who seeks department approval to
operate as a courier shall provide the following materials and information to
the department in order to be considered for approval; and an approved courier
shall promptly submit revisions in the event that the materials or information
changes:
(1) a plan for delivery;
(2) a plan for security, including a
description of facilities and containers intended for use in storing and
transporting usable cannabis;
(3) a
plan for safety, to include at a minimum a description of measures to be taken
by the courier and its employees to ensure the safety of qualified patients,
primary caregivers, and courier staff;
(4) a description of all vehicles used or
intended to be used for the transport of usable cannabis;
(5) a complete list of employees;
(6) clear, legible photocopies of current New
Mexico state-issued identification cards of all courier personnel;
(7) completed nationwide and statewide
criminal history screening documentation;
(8) a description of the courier's hours of
operation;
(9) a description of the
locations or type(s) of locations where the courier will offer delivery of
usable cannabis;
(10) a description
of all licensed non-profit producers for whom the courier will deliver usable
cannabis, and copies of all agreements between the courier and licensed
non-profit producers for the delivery of usable cannabis;
(11) a description of all fees to be charged
by the courier;
(12) protocols for
contacting and communicating with qualified patients and primary caregivers
regarding deliveries;
(13) training
materials for drivers;
(14)
confidentiality training materials that address the confidentiality of
qualified patient and primary caregiver information;
(15) proof that the applicant is in good
standing with the New Mexico taxation and revenue department (TRD);
(16) copies of the applicant's articles of
incorporation or organization, as applicable;
(17) copies of the applicant's by-laws, as
applicable;
(18) a list of all
persons or business entities having direct or indirect authority over the
management or policies of the courier, as applicable;
(19) a list of all persons or business
entities having any ownership interest in any property utilized by the courier,
whether direct or indirect, whether the interest is in land, building(s), or
other material;
(20) proof that no
buildings to be used by the courier are located within 300 feet of any school,
church, or daycare center; or alternatively, proof that any school, church, or
daycare center that is located within 300 feet of a building to be used by the
applicant did not occupy that location prior to the applicant initially seeking
to become licensed to operate at the location;
(21) if the courier will base its business at
a location that is not owned by the applicant: a written statement from the
property owner or landlord of the location that grants to the courier
permission to possess cannabis on the premises;
(22) an attestation that the courier will not
distribute cannabis within 300 feet of a school, church or daycare center, in
accordance with the provisions of this rule;
(23) an attestation that no firearms will be
permitted on any premises or in any vehicle used by the courier; and that no
employee will possess a firearm when transporting or distributing cannabis;
and
(24) an attestation that the
courier will not transport cannabis across state lines.
C.
Application fee: A courier
applicant shall submit to the program with each initial application and renewal
application for continued approval a non-refundable application fee of
one-thousand-five-hundred dollars ($1,500), payable to the medical cannabis
program.
D.
General
requirements: An approved courier shall adhere to each of the following
requirements:
(1) a courier may contract with
a licensed non-profit producer to deliver usable cannabis from the non-profit
producer to qualified patients, primary caregivers, other non-profit producers,
approved manufacturers and approved laboratories; a courier that provides
service to more than one licensed non-profit producer shall offer their service
at a uniform price for all non-profit producers for whom they deliver; an
approved courier shall not transport a cannabis product that is not
individually packaged, or that is not labeled in accordance with this
rule;
(2) an approved courier shall
not request or receive payment from a qualified patient or primary;
(3) upon obtaining a package of usable
cannabis from a licensed non-profit producer, an approved courier shall hold
the package in a secured 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 licensed non-profit producer;
(4) an approved courier shall not relinquish
possession of usable cannabis unless and until the package of usable cannabis
is either successfully delivered or returned to the licensed non-profit
producer; for purposes of this section, a package of usable cannabis is
successfully delivered only upon the approved courier's verification that an
intended recipient has taken actual, physical possession of the package; an
approved courier shall not leave a package at any location for any reason,
unless the package is successfully delivered to its intended
recipient;
(5) an approved courier
shall not deliver a package to any person or entity who is not identified by
the licensed non-profit producer as an intended, authorized
recipient;
(6) at the time of
delivery, an approved courier shall verify the recipient's identity by
requiring presentation of the recipient's department-issued medical cannabis
identification card and New Mexico-issued photo identification card or a
passport; an approved courier shall not deliver usable cannabis to any person
whose identity is not verified in accordance with this rule; an approved
courier shall document having verified the recipient's identification in
accordance with this rule for each transaction;
(7) an approved courier shall not possess
usable cannabis for a time period greater than seven days; an approved courier
shall return any usable cannabis that is not successfully delivered to its
intended recipient to a licensed non-profit producer within this time
period;
(8) an approved courier
shall not distribute cannabis at locations that are within 300 feet of a
school, church, or daycare center; provided that, for purposes of this
provision, delivery to the residence of a qualified patient or primary
caregiver shall not be deemed "distribution";
(9) an approved courier and its personnel
shall at all times take measures to ensure confidentiality and safety in the
transport and delivery of usable cannabis;
(10) an approved courier shall appropriately
train its personnel regarding the confidentiality of information concerning
qualified patients and primary caregivers; confidentiality training shall
describe confidentiality requirements applicable under both federal and state
law; an approved courier shall conduct confidentiality training of its
personnel at least once annually, and shall maintain training materials on its
premises, and document the training of individual staff;
(11) personnel of an approved courier shall
not possess a firearm while distributing or otherwise possessing cannabis; an
approved courier shall not possess or permit the possession of a firearm on any
premises, including a building or vehicle, utilized by the courier;
and
(12) an approved courier shall
not, when transporting usable cannabis to a qualified patient or primary
caregiver, 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.
E.
Identification cards: The
department shall issue an identification card to each authorized employee of an
approved courier authorizing that individual to transport cannabis from a
non-profit producer to a qualified patient or primary caregiver. An employee of
an approved courier shall carry their department issued employee identification
card at all times during their work, and shall present the card to law
enforcement officials and to department officials upon request. An employee who
is unable to produce their department issued identification card upon request
shall not remain on the licensed premises, and shall produce the card for the
department's inspection prior to returning to the licensed premises.
Identification cards issued by the department are the property of the
department and shall be returned to the department upon an approved courier's
withdrawal from the program, upon the termination of a card holder's employment
with the approved courier, upon suspension or revocation, or upon demand of the
department.
F.
Term of
approval: Department approval of a courier shall be for a term of one
year, and shall expire after that year, or upon closure of the courier. A
courier shall apply for renewal of approval annually no later than 30 days
prior to expiration.
G.
Amended license:
(1) An approved
courier shall submit to the department an application form for an amended
license, and shall obtain approval from the department, at least 30 business
days prior to implementing any:
(a) change of
location of the courier's facilities, change of directors, change of ownership
of the courier's facilities, change of company name, and any physical
modification or addition to the courier's facilities; and
(b) substantial change to the courier's
methods for storing, transporting and delivering cannabis-derived products, and
any substantial change to the courier's security plan.
(2)
Process for incomplete application
for amended license: In the event that an application for amended
licensure is determined by the program to be incomplete, the program will
specify the information or materials that remain to be submitted. If the
courier does not submit the requested information or material, and does not
otherwise contact the department regarding the application, within thirty days
of receiving notice of the deficiency, the application will be closed as
incomplete, and the courier will be required to resubmit the application in
order to recommence the application process.
H.
Reporting of theft to
department: A courier shall submit to the department notification of any
theft, robbery, break-in, or security breach that occurs on the courier's
premises, no later than 10 calendar days after the courier first becomes aware
of the event. The description shall include a description of any property that
was stolen or destroyed, and the quantity of any usable cannabis that was
stolen.
I.
Drugs and alcohol:
A courier shall prohibit its employees and contractors from being under
the influence of drugs or alcohol in the workplace.
J.
Inventory and sales
equipment: The department may require a licensed courier to utilize
specified equipment, software, and services for purposes of tracking
distribution, inventory, and other information, and for the purpose of
reporting that information to the department of health.
K.
Chain of custody: A courier
shall adopt, maintain, and enforce chain of custody procedures and
documentation requirements to ensure appropriate tracking and inventory of
usable cannabis. A courier shall also adopt, maintain, and enforce security
requirements to ensure that usable cannabis transported by the courier is
secured, and to promote the safety of courier personnel, as well as qualified
patients and primary caregivers who receive packages from the
courier.
L.
Confidentiality: An approved courier may obtain contact
information of a purchasing qualified patient or primary caregiver, as
permitted by agreement between the courier and a respective licensed non-profit
producer, and may utilize such information solely for the purpose of arranging
a delivery location and time with the qualified patient or primary caregiver.
An approved courier shall not otherwise disseminate, disclose, or use
identifying information or contact information concerning a qualified patient
or primary caregiver.
