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4770.1100 TRANSPORTATION OF MEDICAL CANNABIS.

Subpart 1.

Transportation of medical cannabis and plant material; when authorized.

A.

A medical cannabis manufacturer is authorized to transport medical cannabis:

(1)

from its manufacturing facility to its distribution facilities;

(2)

from its manufacturing facility to a laboratory for testing; and

(3)

from its manufacturing facility or distribution facility to a waste-to-energy facility.

B.

A medical cannabis manufacturer is authorized to transport plant material:

(1)

from its manufacturing facility to a waste disposal site; and

(2)

when a specific nonroutine transport request from the manufacturer is approved by the commissioner.

Subp. 2.

Transporting medical cannabis.

A.

Before transporting medical cannabis, a medical cannabis manufacturer must:

(1)

complete a transport manifest on a form provided by the commissioner;

(2)

transmit a copy of the transport manifest to the manufacturer's distribution facility; and

(3)

maintain all transport manifests for at least five years and make them available upon request of the commissioner.

B.

The transport manifest must be signed by an authorized medical cannabis manufacturer employee upon departure from the manufacturing facility and by an authorized medical cannabis manufacturer employee upon receipt at a distribution facility.

C.

An authorized employee of the manufacturer at a distribution facility must:

(1)

verify and document the type and quantity of the transported product against the transport manifest;

(2)

return a copy of the signed transport manifest to the manufacturing facility; and

(3)

receive the medical cannabis that is received as inventory according to part 4770.1800.

Subp. 3.

Transportation of medical cannabis; vehicle requirements.

A.

A manufacturer must ensure that:

(1)

all medical cannabis transported on public roadways is:

(a)

packaged in tamper-evident containers;

(b)

transported so it is not visible or recognizable from outside the vehicle; and

(c)

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.

B.

Manufacturer employees who are transporting medical cannabis on public roadways must:

(1)

travel directly to the distribution facility; and

(2)

document refueling and all other stops in transit, including:

(a)

the reason for the stop;

(b)

the duration of the stop;

(c)

the location of the stop; and

(d)

all activities of employees exiting the vehicle.

C.

If an emergency requires stopping the vehicle, the employee must notify 911 and complete an incident report form provided by the commissioner.

D.

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.

E.

A medical cannabis manufacturer must staff all transport motor vehicles with a minimum of two employees. At least one employee must remain with the motor vehicle at all times that the motor vehicle contains medical cannabis.

F.

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.

G.

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.

H.

A medical cannabis manufacturer must not leave a vehicle that is transporting medical cannabis unattended overnight.

Statutory Authority:

MS s 14.389; 152.25; 152.26

History:

39 SR 1080

Published Electronically:

February 20, 2015