N.H. Admin. Code § He-C 402.11

Current through Register No. 45, November 7, 2024
Section He-C 402.11 - Acquisition and Transportation of Cannabis
(a) An ATC may acquire cannabis and CIP from, or sell cannabis and CIP to, another New Hampshire ATC.
(b) Transportation of cannabis and CIP shall be permitted as follows:
(1) Between ATCs;
(2) From an ATC to a laboratory for testing;
(3) From an ATC to a waste disposal or compost site, except that the requirements in this section shall not apply to the transportation of cannabis waste rendered unusable in accordance with He-C 402.22; and
(4) To and from different locations of the registered ATC.
(c) Transportation of cannabis and CIP shall be conducted by at least one ATC employee.
(d) An ATC shall create a transport manifest for each transportation event, to include:
(1) Departure date and time of departure;
(2) Name, location address, and registration certificate number of the originating ATC;
(3) Name, location address, and registration certificate number, as applicable, of the destination entity;
(4) Product type and quantity, in weight, of all product to be transported;
(5) Estimated time of arrival, which shall be the on same date as the product's departure; and
(6) Name(s) of the ATC employee(s) transporting the product.
(e) The originating ATC shall transmit a copy of the transport manifest to the destination entity prior to transport.
(f) The transport manifest shall be signed and dated by an ATC authorized employee upon departure at the originating ATC, other than an employee providing transport, and by an authorized employee of the receiving entity upon arrival, other than an employee providing transport.
(g) The destination entity shall verify and document the type and quantity of the transported product against the transport manifest transmitted in (e) above and return a copy of the signed and verified transport manifest to the originating ATC.
(h) All cannabis and CIP transported shall be tracked as inventory in accordance with He-C 402.13.
(i) All cannabis and CIP transported shall be packaged in accordance with He-C 402.19(b) (5) .
(j) All cannabis and CIP shall be transported in containers so as not to be visible or recognizable from outside the vehicle.
(k) All cannabis and CIP shall be transported in locked containers:
(1) Except that an ATC may choose instead to have 2 ATC employees conduct the transportation;
(2) Except when being transported between different ATCs, which shall require the transport to be conducted by 2 ATC employees; and
(3) Except when the cannabis sample is being transported for testing.
(l) When the use of locked transport containers is required by (k) above, ATC employees providing transport shall not have access to the key to the locked transport containers.
(m) The vehicle shall not bear any markings to indicate that the vehicle is transporting cannabis and CIP nor shall it bear the name of the ATC.
(n) The vehicle shall travel directly to the receiving entity, without stopping.
(o) When unforeseen circumstances require the vehicle to stop unexpectedly, for example, if stopped by a law enforcement officer or if there is a personal emergency, a detailed log shall be created describing:
(1) The reason for the stop;
(2) The duration of the stop;
(3) The location of the stop; and
(4) The activities of those persons exiting the vehicle, if applicable.
(p) In no case shall a vehicle transporting cannabis and CIP be left unattended at any time.
(q) ATC employees providing transport shall have communication access with personnel at the originating entity at all times that the vehicle contains cannabis and CIP.
(r) All records required by this section shall be maintained for a minimum of 4 years.
(s) Any vehicle used to transport cannabis and CIP shall be properly registered and inspected in the state in which it is registered.

N.H. Admin. Code § He-C 402.11

Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014.
Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.