A medical cannabis manufacturer is authorized to transport medical cannabis:
from its manufacturing facility to its distribution facilities;
from its manufacturing facility to a laboratory for testing; and
from its manufacturing facility or distribution facility to a waste-to-energy facility.
A medical cannabis manufacturer must use a manifest system, approved by the commissioner, to track shipping of medical cannabis. The manifest system must include a chain of custody that records:
the name and address of the destination;
the weight and description of each individual package that is part of the shipment, and the total number of individual packages;
the date and time the medical cannabis shipment is placed into the transport vehicle;
the date and time the shipment is accepted at the delivery destination;
the person's identity, and the circumstances, duration, and disposition of any other person who had custody or control of the shipment; and
any handling or storage instructions.
Before transporting medical cannabis, a medical cannabis manufacturer must:
complete a manifest on a form approved by the commissioner; and
transmit a copy of the manifest to the manufacturer's distribution facility, a laboratory, or a waste-to-energy facility, as applicable.
The manifest must be signed by:
an authorized manufacturer employee when departing the manufacturing facility; and
an authorized employee of the receiving distribution facility, laboratory, or waste-to-energy facility.
An authorized employee at the facility receiving medical cannabis must:
verify and document the type and quantity of the transported medical cannabis against the manifest;
return a copy of the signed manifest to the manufacturing facility; and
A manufacturer must maintain all manifests for at least five years and make them available upon request of the commissioner.
A manufacturer must ensure that:
all medical cannabis transported on public roadways is:
packaged in tamper-evident, bulk containers;
transported so it is not visible or recognizable from outside the vehicle; and
transported in a vehicle that does not bear any markings to indicate that the vehicle contains cannabis or bears the name or logo of the manufacturer.
Manufacturer employees who are transporting medical cannabis on public roadways must:
travel directly to the distribution facility; and
If an emergency requires stopping the vehicle, the employee must notify 911 and complete an incident report form provided by the commissioner.
Under no circumstance may any person other than a designated manufacturer employee have actual physical control of the motor vehicle that is transporting the medical cannabis.
A medical cannabis manufacturer must staff all motor vehicles with a minimum of two employees when transporting medical cannabis between a manufacturing facility and a distribution facility. At least one employee must remain with the motor vehicle at all times that the motor vehicle contains medical cannabis. A single employee may transport medical cannabis to an approved laboratory.
Each employee in a transport motor vehicle must have communication access with the medical cannabis manufacturer's personnel, and have the ability to contact law enforcement through the 911 emergency system at all times that the motor vehicle contains medical cannabis.
An employee must carry the employee's identification card at all times when transporting or delivering cannabis and, upon request, produce the identification card to the commissioner or to a law enforcement officer acting in the course of official duties.
A medical cannabis manufacturer must not leave a vehicle that is transporting medical cannabis unattended overnight.
39 SR 1080; 40 SR 1599
June 20, 2016