N.Y. Comp. Codes R. & Regs. tit. 9 § 125.10

Current through Register Vol. 46, No. 36, September 4, 2024

Section 125.10 - Transport of Cannabis and Cannabis Products

(a) Transport of cannabis and cannabis products to an authorized licensee or consumer shall only be performed by a licensee, licensee's authorized employee(s), or other party authorized under Cannabis Law.

(b) A licensee shall ensure the safe and secure transport of any cannabis, or cannabis products, including the safety of those individuals transporting cannabis.

(c) Employees transporting cannabis and cannabis products shall be at least 18 years of age, unless providing delivery of cannabis or cannabis products to a consumer, in which case employee shall be at least twenty-one (21) years of age. Such individual shall provide identification as an employee of a licensee or person authorized to transport cannabis, including the license number of the licensee for whom they are transporting cannabis or cannabis products, upon request by the Office or law enforcement.

(d) Cannabis and cannabis products shall be transported in a manner that will protect the cannabis and cannabis products against physical, chemical, and microbial contamination, and deterioration.

(e) All cannabis and cannabis products shall be transported in a secure manner, in motorized and unmotorized transportation owned, leased, or operated with an exclusive right to use and operate by the licensee, including, but not limited to, a vehicle, trailer, bicycle, and motorcycle.

(1) All transportation shall be equipped with the following:

(i) temperature controls designed, maintained, and equipped as necessary to prevent the cannabis and cannabis products from deteriorating during transport.

(ii) a fully enclosed and locked box, container, or cage, which shall be used for the secure transport of cannabis and cannabis products; and

(iii) an operational Global Positioning System (GPS) device, for identifying the geographic location of the transportation, either permanently or temporarily affixed to the transportation while in operation. At all times, the originating licensee shall be able to identify the geographic location of all individuals transporting cannabis and cannabis products and shall provide such information to the Office upon request.

(2) Transportation shall bear no signs, markings, or advertisements that would either identify or indicate that the transportation is used to transport cannabis or cannabis products except for identifying markings required by other applicable laws or regulations.

(3) A licensee shall make available to the Office, upon request, information regarding any motorized or non-motorized transportation including the vehicle's make, model, color, vehicle identification number, license plate number, and vehicle registration as applicable.

(4) Transport of cannabis and cannabis products shall not be made through the use of an unmanned transportation, which shall include a drone.

(5) For purposes of this Title, any transportation utilized to transport cannabis or cannabis products shall be considered an extension of the licensed premises and subject to inspection by the Office or authorized representative of the Office. Transportation may be stopped and inspected by the Office at any licensed premises, or while on route to an authorized licensee or consumer.

(f) Cannabis and cannabis products being transported shall be in a sealed package, which shall not be opened during transport, in accordance with the requirements set forth in Part 128 of this Title.

(g) Shipping manifests.

(1) Prior to transporting any cannabis or cannabis products, a licensee or person authorized for the transport of cannabis or cannabis products shall generate a shipping manifest, which may be maintained electronically but can be displayed during transport upon request, and shall contain the purpose for the transport as follows:

(i) transport to or from a laboratory permitted in accordance with Part 130 of this Title;

(ii) transport to or from an authorized licensee;

(iii) transport for destruction or disposal pursuant to the requirements set forth in section 125.11 of this Part;

(iv) transport from a licensee authorized for the retail sale of cannabis to a cannabis consumer pursuant to the requirements set forth in section 123.20 of this Title; or

(v) for any other activity, as required pursuant to this Title, or by any other licensing authority recognized by the Office.

(2) Licensees shall transmit a shipping manifest to any licensee, permittee, or other authorized party that will receive cannabis or cannabis products being transported. Shipping manifests shall be available for inspection at the request of the Office. The shipping manifest shall contain, at a minimum, the following information;

(i) the name, physical address, lot number, and license or permit number of the originating licensee or permittee;

(ii) the name, physical address, and license number, if applicable, of the receiving party;

(iii) the unique identification numbers for all cannabis and cannabis products being transported;

(iv) the name, product type, and weight or count, as applicable, of cannabis or cannabis products being transported;

(v) the estimated date and time of departure from the licensed premises;

(vi) the estimated date and time of arrival at each licensed premises or the cannabis consumer's address;

(vii) the driver's license number of the employee transporting the cannabis or cannabis products if motorized transportation is being conducted by the licensee producing the shipping manifest;

(viii) the make, model, and license plate number of the motorized transportation if the transport is being conducted by the licensee producing the shipping manifest; and

(ix) any other information as determined by the Office.

(3) With the exception of those samples being transported to a permitted laboratory for testing, a certificate of analysis shall accompany cannabis products being transported for distribution to licensees authorized for the retail sale of cannabis. The certificate of analysis may be transmitted electronically to the receiving licensee.

(4) Licensees authorized to conduct delivery to a cannabis consumer shall generate an invoice to the consumer, which may also be the consumer's receipt and shall include:

(i) all information required to be on the consumer's receipt pursuant to paragraph (2) of subdivision (f) of section 123.10 of this Title;

(ii) the name, address, and signature or electronic signature of the cannabis consumer;

(iii) the first name and last initial and signature or electronic signature of each employee performing or accompanying the delivery of the cannabis products;

(iv) the name and license number of the licensee conducting the delivery, if it is not the retail dispensary whose information is on the receipt; and

(v) any other information as determined by the Office.

(5) Employees conducting the transport of cannabis or cannabis products shall possess a copy of the shipping manifest, and invoice for delivery to consumers, at all times when transporting cannabis products and shall produce it to the Office, the Office's authorized representative or law enforcement official upon request.

(6) A licensee shall not void, modify, or change a shipping manifest or invoice after departing from the originating licensed premises, unless updating such manifest upon the fulfillment of a delivery order to reflect accurate inventory on the delivery operator, as authorized under this Part.

(7) The licensee receiving and taking possession of cannabis or cannabis products shall ensure and verify that the cannabis or cannabis products being received and taken into possession for transport at the originating licensed premises are as described and accurately reflected in the shipping manifest.

(8) The licensee shall not take into possession or transport:

(i) any cannabis or cannabis products that are not on the shipping manifest; or

(ii) any cannabis or cannabis products that are less than or greater than the amount reflected on the shipping or delivery manifest, unless a reconciliation process determined the cause of the discrepancy.

(9) Licensees shall capture shipping manifest data in their inventory tracking system and make such data available to the Office's inventory tracking system in a manner determined by the Office.

(10) The licensee conducting the transport is responsible for any discrepancies between the shipping manifest and the cannabis and cannabis products in its possession during transport, and subject to any enforcement action related to such discrepancy.

(11) Shipping manifests and any invoices shall be made readily available to the Office, for inspection upon request, for a period of five (5) years.

(h) Employees of the licensee transporting cannabis and cannabis products shall:

(1) not make any unnecessary stops in between destinations;

(2) randomize transport times;

(3) have the ability to communicate with employees at the licensed entity at all times that the vehicle contains cannabis and cannabis products;

(4) only transport cannabis and cannabis products within the borders of New York State; and

(i) Where a transport is attempted and not completed and the cannabis item remains in the possession of the employee conducting the transport, the employee shall return the cannabis or cannabis product to the licensed premises of the employee. The returned inventory may be restocked if the inventory is in a new, unopened condition and was handled in a manner that did not compromise the integrity of the cannabis or cannabis products; and

(j) Only licensees, or employees thereof, may be in any vehicle as it is being used to transport cannabis or cannabis products.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 125.10

Adopted New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/27/2023