N.H. Code Admin. R. He-C 402.22

Current through Register No. 16, April 18, 2024
Section He-C 402.22 - Cannabis Waste Disposal Requirements
(a) Cannabis waste shall be stored, secured, and managed in accordance with all applicable state and local statutes, regulations, ordinances, or other requirements.
(b) Disposal of hazardous and chemical waste shall be conducted in a manner consistent with federal, state, and local laws.
(c) Cannabis waste shall be rendered unusable, and in the case of previously or potentially usable cannabis, unrecognizable, prior to leaving the registered premises.
(d) Notwithstanding (c) above, when the ATC has separate dispensing and cultivation locations, cannabis waste from a dispensing location shall be first transported to the ATC's cultivation location for proper rendering and disposal.
(e) Cannabis waste shall be rendered unusable, and in the case of previously or potentially usable cannabis, unrecognizable, and disposed of as follows:
(1) Previously and potentially usable cannabis that is determined to be cannabis waste shall be ground so that it is unrecognizable;
(2) Cannabis waste shall be incorporated with non-consumable wastes listed below such that the resulting mixture is at least 50 percent non-cannabis waste:
a. Paper waste;
b. Plastic waste;
c. Cardboard waste;
d. Food waste;
e. Grease or other compostable oil waste;
f. Bokashi, or other compost activators;
g. Other wastes that will render the cannabis waste unusable and unrecognizable as cannabis; or
h. Soil; and
(3) After the cannabis waste is made unusable and, if applicable, unrecognizable, the rendered waste shall be:
a. Disposed of at a legal state-approved solid waste site and disposal facility;
b. Deposited at a state-approved compost facility; or
c. Composted on-site at a facility owned by the generator of the waste.
(f) An ATC shall not dispose of cannabis waste in an unsecured waste receptacle not in possession and control of the ATC.
(g) An ATC shall accept at no charge unused, excess, or contaminated cannabis and CIP from a registered qualifying patient or designated caregiver, and shall destroy it as provided in (e) above, and shall maintain a written record of such disposal, including the name of the supplying registered qualifying patient or designated caregiver as applicable, as well as the date, the quantity, and type of cannabis or CIP returned.
(h) When cannabis waste is disposed of, the ATC shall create and maintain a written record of the date, the type and quantity, and the names of the person(s) conducting the disposal. ATCs shall keep disposal records for at least 4 years.
(i) Disposal of previously or potentially usable cannabis shall be conducted by no less than 2 ATC employees.
(j) Cannabis waste, excluding the roots or root ball and stalks of the cannabis plant, shall be included in the overall inventory of cannabis possessed by the ATC, but shall not be included in the maximum allowed cannabis inventory limits.
(k) Cannabis waste that has been rendered unusable, and in the case of previously or potentially usable cannabis, unrecognizable, shall be permitted to be transported, including by an independent contractor, to the locations described in (e) (3) a. and b. above without meeting the requirements of He-C 402.11.

N.H. Code Admin. R. He-C 402.22

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.