Massachusetts Delivery Driver Certification -Regulations – PDF

Marijuana Handlers™ Massachusetts Delivery Driver Certification Course Standard 2.0 • Professional Cannabis Workforce Training

REGULATIONS

(13) Transportation Between Marijuana Establishments.

(a) General Requirements.

1. A licensed Marijuana Establishment shall, as an element of its license, be licensed

to transport its marijuana products to other licensed establishments, except as otherwise

provided herein.

2. Marijuana products may only be transported between licensed Marijuana

Establishments by registered marijuana establishment agents.

3. A licensed Marijuana Transporter may contract with a licensed Marijuana

Establishment to transport that licensee’s marijuana products to other licensed Marijuana

Establishments.

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4. The originating and receiving licensed Marijuana Establishments shall ensure that all

transported marijuana products are linked to the seed-to-sale tracking program. For the

purposes of tracking, seeds and clones will be properly tracked and labeled in a form and

manner determined by the Commission.

5. Any marijuana product that is undeliverable or is refused by the destination

Marijuana Establishment shall be transported back to the originating establishment.

6. All vehicles transporting marijuana products shall be staffed with a minimum of two

marijuana establishment agents. At least one agent shall remain with the vehicle at all

times that the vehicle contains marijuana or marijuana products.

7. Prior to leaving a Marijuana Establishment for the purpose of transporting marijuana

products, the originating Marijuana Establishment must weigh, inventory, and account

for, on video, all marijuana products to be transported.

8. Within eight hours after arrival at the destination Marijuana Establishment, the

destination establishment must re-weigh, re-inventory, and account for, on video, all

marijuana products transported.

9. When videotaping the weighing, inventorying, and accounting of marijuana products

before transportation or after receipt, the video must show each product being weighed,

the weight, and the manifest.

10. Marijuana products must be packaged in sealed, labeled, and tamper or child-

resistant packaging prior to and during transportation.

11. In the case of an emergency stop during the transportation of marijuana products,

a log must be maintained describing the reason for the stop, the duration, the location,

and any activities of personnel exiting the vehicle.

12. A Marijuana Establishment or a Marijuana Transporter transporting marijuana

products shall ensure that all transportation times and routes are randomized.

13. A Marijuana Establishment or a Marijuana Transporter transporting marijuana

products shall ensure that all transport routes remain within the Commonwealth.

14. All vehicles and transportation equipment used in the transportation of cannabis

products or edibles requiring temperature control for safety must be designed,

maintained, and equipped as necessary to provide adequate temperature control to

prevent the cannabis products or edibles from becoming unsafe during transportation,

consistent with applicable requirements pursuant to 21 CFR 1.908(c).

(b) Reporting Requirements.

1. Marijuana establishment agents must document and report any unusual discrepancy

in weight or inventory to the Commission and law enforcement authorities not more than

24 hours of the discovery of such a discrepancy.

2. Marijuana establishment agents shall report to the Commission and law enforcement

authorities any vehicle accidents, diversions, losses, or other reportable incidents that

occur during transport, not more than 24 hours of such accidents, diversions, losses, or

other reportable incidents.

(c) Vehicles.

1. A vehicle used for transporting marijuana products must be:

a. owned or leased by the Marijuana Establishment or the Marijuana Transporter;

b. properly registered, inspected, and insured in the Commonwealth (documentation

of such status shall be maintained as records of the Marijuana Establishment or the

Marijuana Transporter, and shall be made available to the Commission upon

request);

c. equipped with an alarm system approved by the Commission; and

d. equipped with functioning heating and air conditioning systems appropriate for

maintaining correct temperatures for storage of marijuana products.

2. Marijuana products must not be visible from outside the vehicle.

3. Any vehicle used to transport marijuana products shall not bear any markings

indicating that the vehicle is being used to transport marijuana products, and any such

vehicle shall not indicate the name of the Marijuana Establishment or the Marijuana

Transporter.

4. When transporting marijuana products, no other products may be transported or

stored in the same vehicle.

5. No firearms may be located within the vehicle or on a marijuana establishment agent.

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(d) Storage Requirements.

1. Marijuana products must be transported in a secure, locked storage compartment that

is a part of the vehicle transporting the marijuana products.

2. The storage compartment must be sufficiently secure that it cannot be easily removed.

3. If a Marijuana Establishment, pursuant to a Marijuana Transporter License, or a

Marijuana Transporter is transporting marijuana products for more than one Marijuana

Establishment at a time, the marijuana products for each Marijuana Establishment shall

be kept in a separate locked storage compartment during transportation and separate

manifests shall be maintained for each Marijuana Establishment.

4. If a Marijuana Establishment is transporting marijuana products to multiple other

establishments, it may seek the Commission’s permission to adopt reasonable alternative

safeguards.

(e) Communications.

1. Any vehicle used to transport marijuana products shall contain a global positioning

system (GPS) monitoring device that is:

a. not a mobile device that is easily removable;

b. attached to the vehicle at all times that the vehicle contains marijuana products;

c. monitored by the Marijuana Establishment or Marijuana Transporter during

transport of marijuana products; and

d. inspected by the Commission prior to initial transportation of marijuana products,

and after any alteration to the locked storage compartment.

2. Each marijuana establishment agent transporting marijuana products shall have

access to a secure form of communication with personnel at the originating location at

all times that the vehicle contains marijuana and marijuana products.

3. Secure types of communication include, but are not limited to:

a. two-way digital or analog radio (UHF or VHF);

b. cellular phone; or

c. satellite phone.

4. When choosing a type of secure communications, the following shall be taken into

consideration:

a. cellular signal coverage;

b. transportation area;

c. base capabilities;

d. antenna coverage; and

e. frequency of transportation.

5. Prior to, and immediately after leaving the originating location, the marijuana

establishment agents shall use the secure form of communication to contact the

originating location to test communications and GPS operability.

6. If communications or the GPS system fail while on route, the marijuana

establishment agents transporting marijuana products must return to the originating

location until the communication system or GPS system is operational.

7. The marijuana establishment agents transporting marijuana products shall contact the

originating location when stopping at and leaving any scheduled location, and regularly

throughout the trip, at least every 30 minutes.

8. The originating location must have a marijuana establishment agent assigned to

monitoring the GPS unit and secure form of communication, who must log all official

communications with marijuana establishment agents transporting marijuana products.

(f) Manifests.

1. A manifest shall be filled out in triplicate, with the original manifest remaining with

the originating Marijuana Establishment, a second copy provide to the destination

Marijuana Establishment upon arrival, and a copy to be kept with the licensed marijuana

establishment agent during transportation and returned to the Marijuana Establishment

or Marijuana Transporter upon completion of the transportation.

2. Prior to transport, the manifest shall be securely transmitted to the destination

Marijuana Establishment by facsimile or email.

3. Upon arrival at the destination Marijuana Establishment, a marijuana establishment

agent at the destination Marijuana Establishment shall compare the manifest produced

by the agents who transported the marijuana products to the copy transmitted by

facsimile or email. This manifest must, at a minimum, include;

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a. the originating Marijuana Establishment name, address, and registration number;

b. the names and registration numbers of the agents who transported the marijuana

products;

c. the name and registration number of the marijuana establishment agent who

prepared the manifest;

d. the destination Marijuana Establishment name, address, and registration number;

e. a description of the marijuana products being transported, including the weight

and form or type of product;

f. the mileage of the transporting vehicle at departure from originating Marijuana

Establishment and mileage upon arrival at destination Marijuana Establishment, as

well as mileage upon return to originating Marijuana Establishment;

g. the date and time of departure from originating Marijuana Establishment and

arrival at destination Marijuana Establishment for each transportation;

i. a signature line for the marijuana establishment agent who receives the marijuana

products;

j. the weight and inventory before departure and upon receipt;

k. the date and time that the transported products were re-weighed and re-

inventoried;

l. the name of the marijuana establishment agent at the destination Marijuana

Establishment who re-weighed and re-inventoried products; and

m. the vehicle make, model, and license plate number.

4. The manifest shall be maintained within the vehicle during the entire transportation

process, until the delivery is completed.

5. A Marijuana Establishment shall retain all transportation manifests for no less than

one year and make them available to the Commission upon request.

(g) Requirements for Agents.

1. Each employee or agent transporting or otherwise handling marijuana products for

a Marijuana Transporter must be registered as a marijuana establishment agent and have

a driver’s license in good standing issued by the Massachusetts Registry of Motor

Vehicles for all classes of vehicle the marijuana establishment agent will operate for the

Marijuana Transporter prior to transporting or otherwise handling marijuana products.

2. A marijuana establishment agent shall carry his or her registration card at all times

when transporting marijuana products, and shall produce his or her registration card to

the Commission or law enforcement officials upon request.

(h) Marijuana Transporters shall use best management practices to reduce energy and water

usage, engage in energy conservation and mitigate other environmental impacts.