Current through Register Vol. 46, No. 52, December 24, 2024
(a) Transport of cannabis and cannabis
products to an authorized licensee or consumer shall only be performed by a
licensee, licensee's authorized employee(s), or other party authorized under
Cannabis Law.
(b) A licensee shall
ensure the safe and secure transport of any cannabis, or cannabis products,
including the safety of those individuals transporting cannabis.
(c) Employees transporting cannabis and
cannabis products shall be at least 18 years of age, unless providing delivery
of cannabis or cannabis products to a consumer, in which case employee shall be
at least twenty-one (21) years of age. Such individual shall provide
identification as an employee of a licensee or person authorized to transport
cannabis, including the license number of the licensee for whom they are
transporting cannabis or cannabis products, upon request by the Office or law
enforcement.
(d) Cannabis and
cannabis products shall be transported in a manner that will protect the
cannabis and cannabis products against physical, chemical, and microbial
contamination, and deterioration.
(e) All cannabis and cannabis products shall
be transported in a secure manner, in motorized and unmotorized transportation
owned, leased, or operated with an exclusive right to use and operate by the
licensee, including, but not limited to, a vehicle, trailer, bicycle, and
motorcycle.
(1) All transportation shall be
equipped with the following:
(i) temperature
controls designed, maintained, and equipped as necessary to prevent the
cannabis and cannabis products from deteriorating during transport.
(ii) a fully enclosed and locked box,
container, or cage, which shall be used for the secure transport of cannabis
and cannabis products; and
(iii) an
operational Global Positioning System (GPS) device, for identifying the
geographic location of the transportation, either permanently or temporarily
affixed to the transportation while in operation. At all times, the originating
licensee shall be able to identify the geographic location of all individuals
transporting cannabis and cannabis products and shall provide such information
to the Office upon request.
(2) Transportation shall bear no signs,
markings, or advertisements that would either identify or indicate that the
transportation is used to transport cannabis or cannabis products except for
identifying markings required by other applicable laws or
regulations.
(3) A licensee shall
make available to the Office, upon request, information regarding any motorized
or non-motorized transportation including the vehicle's make, model, color,
vehicle identification number, license plate number, and vehicle registration
as applicable.
(4) Transport of
cannabis and cannabis products shall not be made through the use of an unmanned
transportation, which shall include a drone.
(5) For purposes of this Title, any
transportation utilized to transport cannabis or cannabis products shall be
considered an extension of the licensed premises and subject to inspection by
the Office or authorized representative of the Office. Transportation may be
stopped and inspected by the Office at any licensed premises, or while on route
to an authorized licensee or consumer.
(f) Cannabis and cannabis products being
transported shall be in a sealed package, which shall not be opened during
transport, in accordance with the requirements set forth in Part 128 of this
Title.
(g) Shipping manifests.
(1) Prior to transporting any cannabis or
cannabis products, a licensee or person authorized for the transport of
cannabis or cannabis products shall generate a shipping manifest, which may be
maintained electronically but can be displayed during transport upon request,
and shall contain the purpose for the transport as follows:
(i) transport to or from a laboratory
permitted in accordance with Part 130 of this Title;
(ii) transport to or from an authorized
licensee;
(iii) transport for
destruction or disposal pursuant to the requirements set forth in section
125.11 of this Part;
(iv) transport from a licensee authorized for
the retail sale of cannabis to a cannabis consumer pursuant to the requirements
set forth in section
123.20 of this Title; or
(v) for any other activity, as required
pursuant to this Title, or by any other licensing authority recognized by the
Office.
(2) Licensees
shall transmit a shipping manifest to any licensee, permittee, or other
authorized party that will receive cannabis or cannabis products being
transported. Shipping manifests shall be available for inspection at the
request of the Office. The shipping manifest shall contain, at a minimum, the
following information;
(i) the name, physical
address, lot number, and license or permit number of the originating licensee
or permittee;
(ii) the name,
physical address, and license number, if applicable, of the receiving
party;
(iii) the unique
identification numbers for all cannabis and cannabis products being
transported;
(iv) the name, product
type, and weight or count, as applicable, of cannabis or cannabis products
being transported;
(v) the
estimated date and time of departure from the licensed premises;
(vi) the estimated date and time of arrival
at each licensed premises or the cannabis consumer's address;
(vii) the driver's license number of the
employee transporting the cannabis or cannabis products if motorized
transportation is being conducted by the licensee producing the shipping
manifest;
(viii) the make, model,
and license plate number of the motorized transportation if the transport is
being conducted by the licensee producing the shipping manifest; and
(ix) any other information as determined by
the Office.
(3) With the
exception of those samples being transported to a permitted laboratory for
testing, a certificate of analysis shall accompany cannabis products being
transported for distribution to licensees authorized for the retail sale of
cannabis. The certificate of analysis may be transmitted electronically to the
receiving licensee.
(4) Licensees
authorized to conduct delivery to a cannabis consumer shall generate an invoice
to the consumer, which may also be the consumer's receipt and shall include:
(i) all information required to be on the
consumer's receipt pursuant to paragraph (2) of subdivision (f) of section
123.10 of this Title;
(ii) the name, address, and signature or
electronic signature of the cannabis consumer;
(iii) the first name and last initial and
signature or electronic signature of each employee performing or accompanying
the delivery of the cannabis products;
(iv) the name and license number of the
licensee conducting the delivery, if it is not the retail dispensary whose
information is on the receipt; and
(v) any other information as determined by
the Office.
(5)
Employees conducting the transport of cannabis or cannabis products shall
possess a copy of the shipping manifest, and invoice for delivery to consumers,
at all times when transporting cannabis products and shall produce it to the
Office, the Office's authorized representative or law enforcement official upon
request.
(6) A licensee shall not
void, modify, or change a shipping manifest or invoice after departing from the
originating licensed premises, unless updating such manifest upon the
fulfillment of a delivery order to reflect accurate inventory on the delivery
operator, as authorized under this Part.
(7) The licensee receiving and taking
possession of cannabis or cannabis products shall ensure and verify that the
cannabis or cannabis products being received and taken into possession for
transport at the originating licensed premises are as described and accurately
reflected in the shipping manifest.
(8) The licensee shall not take into
possession or transport:
(i) any cannabis or
cannabis products that are not on the shipping manifest; or
(ii) any cannabis or cannabis products that
are less than or greater than the amount reflected on the shipping or delivery
manifest, unless a reconciliation process determined the cause of the
discrepancy.
(9)
Licensees shall capture shipping manifest data in their inventory tracking
system and make such data available to the Office's inventory tracking system
in a manner determined by the Office.
(10) The licensee conducting the transport is
responsible for any discrepancies between the shipping manifest and the
cannabis and cannabis products in its possession during transport, and subject
to any enforcement action related to such discrepancy.
(11) Shipping manifests and any invoices
shall be made readily available to the Office, for inspection upon request, for
a period of five (5) years.
(h) Employees of the licensee transporting
cannabis and cannabis products shall:
(1) not
make any unnecessary stops in between destinations;
(2) randomize transport times;
(3) have the ability to communicate with
employees at the licensed entity at all times that the vehicle contains
cannabis and cannabis products;
(4)
only transport cannabis and cannabis products within the borders of New York
State; and
(i) Where a
transport is attempted and not completed and the cannabis item remains in the
possession of the employee conducting the transport, the employee shall return
the cannabis or cannabis product to the licensed premises of the employee. The
returned inventory may be restocked if the inventory is in a new, unopened
condition and was handled in a manner that did not compromise the integrity of
the cannabis or cannabis products; and
(j) Only licensees, or employees thereof, may
be in any vehicle as it is being used to transport cannabis or cannabis
products.
