Minnesota Administrative Rules

4770.1100 TRANSPORTATION OF MEDICAL CANNABIS.

Subpart 1.

Transportation of medical cannabis and plant material; when authorized.

A.

A medical cannabis manufacturer is authorized to transport medical cannabis:

(1)

from its manufacturing facility to its distribution facilities;

(2)

between its distribution facilities;

(3)

from its manufacturing facility to a distribution facility operated by another manufacturer;

(4)

from its manufacturing facility to a testing laboratory for testing;

(5)

from a testing laboratory to its manufacturing facility or to a waste-to-energy facility;

(6)

from its manufacturing facility or distribution facility to a laboratory selected by the commissioner to conduct audit testing under part 4770.3035; and

(7)

from its manufacturing facility or distribution facility to a waste-to-energy facility.

B.

A medical cannabis manufacturer is authorized to transport plant material waste:

(1)

from its manufacturing facility to a waste disposal site; and

(2)

when a specific nonroutine transport request from the manufacturer is approved by the commissioner.

Subp. 2.

Transporting medical cannabis.

A.

A medical cannabis manufacturer must use a manifest system, approved by the commissioner, to track shipping of medical cannabis. The manifest system must include a chain of custody that records:

(1)

the name and address of the destination;

(2)

the weight, measure, or numerical count and description of each individual package that is part of the shipment, and the total number of individual packages;

(3)

the date and time the medical cannabis shipment is placed into the transport vehicle;

(4)

the date and time the shipment is accepted at the delivery destination;

(5)

the person's identity, and the circumstances, duration, and disposition of any other person who had custody or control of the shipment; and

(6)

any handling or storage instructions.

B.

Before transporting medical cannabis, a medical cannabis manufacturer must:

(1)

complete a manifest on a form approved by the commissioner; and

(2)

transmit a copy of the manifest to the manufacturer's distribution facility, a laboratory, or a waste-to-energy facility, as applicable.

C.

The manifest must be signed by:

(1)

an authorized manufacturer employee when departing the manufacturing facility; and

(2)

an authorized employee of the receiving distribution facility, laboratory, or waste-to-energy facility.

D.

An authorized employee at the facility receiving medical cannabis must:

(1)

verify and document the type and quantity of the transported medical cannabis against the manifest;

(2)

return a copy of the signed manifest to the manufacturing facility; and

(3)

record the medical cannabis that is received as inventory according to part 4770.1800.

E.

A manufacturer must maintain all manifests for at least five years and make them available upon request of the commissioner.

Subp. 3.

Transportation of medical cannabis; vehicle requirements.

A.

A manufacturer must ensure that:

(1)

all medical cannabis transported on public roadways is:

(a)

packaged in tamper-evident, bulk containers;

(b)

transported so it is not visible or recognizable from outside the vehicle;

(c)

transported in a vehicle that does not bear any markings to indicate that the vehicle contains cannabis or bears the name or logo of the manufacturer; and

(d)

kept in a compartment of a transporting vehicle that maintains appropriate temperatures and conditions that will protect plant material and medical cannabis against physical, chemical, and microbial contamination or deterioration.

B.

Manufacturer employees who are transporting medical cannabis, plant waste, or medical cannabis waste on public roadways must:

(1)

travel directly to the destination listed on the transportation manifest;

(2)

document refueling and all other stops in transit, including:

(a)

the reason for the stop;

(b)

the duration of the stop;

(c)

the location of the stop; and

(d)

all activities of employees exiting the vehicle; and

(3)

not wear manufacturer-branded clothing or clothing that identifies the employee as an employee of the manufacturer.

C.

If an emergency requires stopping the vehicle, the employee must notify 911 and complete an incident report form provided by the commissioner.

D.

Under no circumstance may any person other than a designated manufacturer employee have actual physical control of the motor vehicle that is transporting the medical cannabis.

E.

A medical cannabis manufacturer must staff all motor vehicles with a minimum of two employees when transporting medical cannabis between a manufacturing facility and a distribution facility. At least one employee must remain with the motor vehicle at all times that the motor vehicle contains medical cannabis. A single employee may transport medical cannabis to an approved laboratory.

F.

Each employee in a transport motor vehicle must have communication access with the medical cannabis manufacturer's personnel, and have the ability to contact law enforcement through the 911 emergency system at all times that the motor vehicle contains medical cannabis.

G.

An employee must carry the employee's identification card at all times when transporting or delivering cannabis and, upon request, produce the identification card to the commissioner or to a law enforcement officer acting in the course of official duties.

H.

A medical cannabis manufacturer must not leave a vehicle that is transporting medical cannabis unattended overnight.

Statutory Authority:

MS s 14.389; 152.25; 152.26; 152.261

History:

39 SR 1080; 40 SR 1599; 46 SR 1011

Published Electronically:

June 15, 2022