Md. Code Regs. 14.17.09.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.17.09.03 - Transport Operations

A. This regulation governs the transport of cannabis or cannabis products by a licensed grower, processor, dispensary, or a registered transporter business between the premises of licensees, independent testing laboratories, the State Cannabis Testing Laboratory, and for green waste disposal.

B. A licensee or registrant shall ensure:

(1) Agents have on their person their current, active driver's license;

(2) Agents have on their person Administration-issued proof of:

(a) The licensee's or registrant's current licensure or registration; and

(b) Their own registration;

(3) While in transit, agents do not wear any clothing or symbols that may indicate ownership or possession of cannabis;

(4) Each vehicle used to transport cannabis is operated by at least one registered agent; and

(5) All cannabis is transported in one or more locked and secure storage containers which may not be accessible while in transit.

C. A vehicle used to transport cannabis:

(1) Shall have and display current vehicle registration;

(2) Shall be insured as required by law;

(3) Shall be equipped with locked and secure storage containers anchored to the inside of the vehicle;

(4) Shall conceal storage containers so they are not visible or identifiable from outside of the vehicle; and

(5) May not display any sign or illustration related to cannabis or a licensee.

D. The requirements in §C(2) and (3) do not apply to a registrant that only disposes of green waste.

E. Electronic Manifest.

(1) A shipping licensee shall create an electronic manifest to record the chain of custody for each cannabis shipment.

(2) The electronic manifest shall record:

(a) The name and address of the shipping licensee;

(b) The shipping licensee's shipment identification number;

(c) The weight and description of each individual package that is part of the shipment, and the total number of individual packages;

(d) The name of the registered grower agent, processor agent, or dispensary agent that prepared the shipment;

(e) The name and address of the receiving licensee or other receiving party if applicable; and

(f) Any handling or storage instructions.

(3) The electronic manifest shall contain the following entries as points in the chain of custody:

(a) An entry by a registered grower agent, registered processor agent, or registered dispensary agent who has prepared the shipment, including the date and time of preparation;

(b) An entry by a registered grower agent, processor agent, or dispensary agent of the date and time of the placement of the shipment into the secure cannabis transport vehicle;

(c) An entry by the receiving licensee's agent receiving the shipment, including the date and time of the acceptance; and

(d) If any other person had custody or control of the shipment, that person's identity, the circumstances, duration, and disposition.

F. Delivering and Receiving Cannabis Shipments.

(1) Upon arrival of a secure cannabis transport vehicle, the shipping licensee agent who delivers the shipment shall notify an appropriate receiving licensee agent to continue the chain of custody in the electronic manifest of the shipment of cannabis or cannabis products.

(2) An agent of the receiving licensee shall:

(a) Log into the seed-to-sale tracking system;

(b) Take custody of a shipment of products containing cannabis;

(c) Confirm that:

(i) The agent who delivers the shipment is carrying appropriate identification;

(ii) The packaging is secure, undamaged, and appropriately labeled;

(iii) Each package in the shipment is labeled as described in the electronic manifest; and

(iv) The contents of the shipment are as described in the electronic manifest;

(d) Record the confirmations in the electronic manifest;

(e) Obtain in the electronic manifest the signature or identification number of the agent who delivers the shipment;

(f) Record in the electronic manifest the date and time the receiving licensee agent takes custody of the shipment;

(g) Enter the products containing cannabis into the seed-to-sale tracking system;

(h) Segregate the items in the shipment from the inventory until the item can be inspected;

(i) Inspect each item to ensure that the packaging of each item is undamaged, accurate, and complete; and

(j) Upon determining the item passes inspection, release the item into the stock.

(3) The agent who delivers the shipment shall provide a copy of the electronic manifest for the shipment to the receiving licensee.

(4) The agent who delivers the shipment shall provide the completed electronic manifest to the shipping licensee.

(5) The shipping licensee shall retain the electronic manifest for the shipment for 2 years.

(6) Discrepancy in the Shipment.

(a) A discrepancy between the electronic manifest and the shipment, identified by an agent who delivers the shipment or a receiving agent, shall be reported by each agent to the agent's supervisor.

(b) If a discrepancy can be immediately rectified, the accepting processor supervisor shall record the rectification in the electronic manifest.

(c) A discrepancy that cannot be immediately rectified shall be reported to the Administration by the receiving licensee within 24 hours of the observation of the discrepancy and the shipping licensee shall initiate an investigation of the discrepancy.

(d) The shipping licensee shall submit to the Administration:

(i) Within 7 calendar days of the observation of the discrepancy, a preliminary report of an investigation of a discrepancy; and

(ii) Within 30 calendar days, a final report of the investigation.

G. Licensees and registrants transporting or receiving edible cannabis products shall comply with COMAR 14.17.11.14.

H. A registered transporter business may not deliver cannabis to qualifying patients, registered caregivers, or adult-use consumers.

Md. Code Regs. 14.17.09.03

Regulation .03 adopted effective 50:14 Md. R. 559, eff. 7/1/2023 (EMERGENCY); adopted effective 51:14 Md. R. 676, eff. 6/7/2024, exp. 8/31/2024 (Emergency); adopted effective 51:14 Md. R. 678, eff. 7/22/2024.