N.J. Admin. Code § 17:30-9.15

Current through Register Vol. 56, No. 17, September 3, 2024

Section 17:30-9.15 - Secure transport

(a) A cannabis business may securely transport cannabis items to another cannabis business premises, or it may use a licensed cannabis distributor for such transport.

(b) A cannabis business may transport between multiple cannabis business premises anywhere in the State using a delivery vehicle pursuant to this section.

(c) A cannabis business shall ensure each delivery vehicle is equipped with:

1. A secure lockbox or secure cargo area, which shall be used for the sanitary and secure transport of cannabis.

i. In transit, cannabis items shall be locked and stored in the secure lockbox or secure cargo area until the cannabis business staff member arrives at the receiving cannabis business;

2. A Global Positioning System (GPS) device for identifying the geographic location of the delivery vehicle, either permanently or temporarily affixed to the delivery vehicle while the delivery vehicle is in operation.

i. The device shall remain active and in the possession of the cannabis business staff member at all times during transport.

ii. At all times, the originating cannabis business or the cannabis distributor shall be able to identify the geographic location of all delivery vehicles that are transporting cannabis items and shall provide that information to the Commission, upon request; and

3. Functioning heating and air conditioning systems appropriate for maintain correct temperatures for storage of cannabis and cannabis products.

(d) A cannabis business shall maintain current hired and non-owned automobile liability insurance sufficient to insure all delivery vehicles in the amount of at least $ 1,000,000 per occurrence or accident.

(e) A cannabis business shall ensure that a delivery vehicle bears no markings that would either identify or indicate that the vehicle is used to transport cannabis.

(f) A cannabis business shall provide the Commission with information regarding any delivery vehicles, including the vehicle's make, model, color, vehicle identification number, license plate number, and vehicle registration.

(g) A cannabis business shall staff each delivery vehicle with at least one cannabis business staff member.

1. The cannabis business staff member shall not leave cannabis items in an unattended delivery vehicle unless the vehicle is locked and equipped with an active vehicle alarm system. In no case shall cannabis items be left in a delivery vehicle overnight or outside the operating hours of the cannabis business conducting the transport.

2. The cannabis business staff member shall have access to a secure form of communication with the cannabis business, such as a cellular telephone, at all times that the delivery vehicle contains cannabis items.

3. The cannabis business staff member shall possess their Cannabis Business Identification Card and their valid non-probationary driver's license appropriate to the type of delivery vehicle driven at all times during transport and shall present them to Commission staff or law enforcement officials, upon demand.

4. Before transport, the cannabis business staff member shall create a physical or electronic copy of the transport request. During transport, the cannabis business staff member shall maintain a copy of the transport request and shall make it available, upon request, to State and local law enforcement, and State and local regulatory authorities and agencies.

5. Only Cannabis Business Identification Card holders shall be allowed in a delivery vehicle.

6. During transport, the cannabis business staff member driving the delivery vehicle shall comply with this section and all New Jersey laws, rules, and regulations for the operation of vehicles on public roadways.

(h) All transport of cannabis items shall be conducted by a person. A transport of cannabis items shall not be made through the use of an unmanned vehicle, which shall include a drone.

(i) A cannabis business shall ensure that transports are completed in a timely and efficient manner.

1. The cannabis business staff member shall only travel between originating cannabis business premises and receiving cannabis business premises and shall not deviate from the delivery path described in this subsection, except in the event of emergency, or as necessary, for rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route or operation of the vehicle unsafe, impossible, or impracticable.

2. The process of transport begins when the cannabis business staff member leaves the originating cannabis business premises with the purchase order of cannabis items and ends when the cannabis business staff member furnishes the cannabis items to the receiving cannabis business premises.

(j) Each cannabis business shall maintain a written or electronic record of each transport of cannabis; for each transport, such record shall include:

1. The date and time that the transport began and ended;

2. The name, Cannabis Business Identification Card number, and signature of the cannabis business staff member performing the transport;

3. The weight of the cannabis or cannabis items transported;

4. The batch number of the usable cannabis or the lot number of the cannabis product, the name of the strain/cultivar, and the form of the cannabis product; and

5. The signature of the cannabis business staff member of the receiving cannabis business attesting to receipt of the goods.

(k) A cannabis business shall report any vehicle accidents, diversions, losses, or other reportable events that occur during transport to the Commission in accordance with N.J.A.C. 17:30-9.11.

(l) A municipality may not restrict the transportation of cannabis items through, or within, that municipality by adoption of a municipal ordinance or any other measure, and any restriction to the contrary shall be deemed void and unenforceable.

(m) Where a transport is attempted and not completed and the cannabis item remains in the possession of the cannabis business personnel conducting the transport, the personnel shall return the cannabis item to the originating cannabis business. The cannabis business may restock the product, logging the product's amended status in the business's internal inventory. Such items must be in new, unopened condition prior to restocking.

(n) While engaging in the secure transport of cannabis items, cannabis paraphernalia, and related supplies, a cannabis distributor or other cannabis business may also transport other unrelated non-Federally regulated goods or shipments in the delivery vehicle where all cannabis items, cannabis paraphernalia, and related supplies are segregated from the non-Federally regulated goods or shipments, in their own separate secure lockbox or secure cargo area.

(o) A cannabis business, including a cannabis distributor, shall provide the Commission with a list of all cannabis business staff members that will be driving delivery vehicles for secure transport, documentation that they have received training for the position, and verification that they have valid non-probationary driver's licenses appropriate to the type of delivery vehicle driven.

N.J. Admin. Code § 17:30-9.15

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021

Amended by 55 N.J.R. 402(a), effective 3/6/2023