Haw. Code R. § 11-850-36 - Transport

(a) A dispensary licensee may transport cannabis and manufactured cannabis products between its facilities, between its facilities and a laboratory for analysis, and from its production center to the production center of another dispensary licensee that is purchasing the cannabis or manufactured cannabis product in accordance with section 11-850-45.

(b) Only employees designated by the dispensary licensee, who are trained and knowledgeable on the transportation protocols required by this chapter, shall transport cannabis and manufactured cannabis products. Every transport of cannabis and manufactured cannabis products shall be accompanied by at least one employee.

(c) Each time cannabis and manufactured cannabis products are transported, the dispensary licensee shall prepare a manifest on a form prescribed by the department that lists the elements required by the department's tracking system.

(d) A dispensary licensee shall only transport cannabis or manufactured cannabis products that are listed on the manifest.

(e) A dispensary licensee shall transport cannabis or manufactured cannabis products in secured containers. The dispensary licensee shall include a copy of the manifest in the interior and on the exterior of the container.

(f) For transport from a dispensary facility, a transport container shall be packed, secured, and loaded in full view of security surveillance cameras. For transport to a dispensary facility, a transport container shall be unloaded and unpacked in full view of security surveillance cameras.

(g) Cannabis and manufactured cannabis products shall be transported under conditions that maintain their quality and safety.

(h) Upon receipt of cannabis and manufactured cannabis products the dispensary licensee or the laboratory shall:

(1) Unpack the transported cannabis or manufactured cannabis products and verify the container contents against the associated manifest within twenty-four hours of receipt;

(2) Immediately report to the department any discrepancies between what is received and what is on the manifest or if any seal on the container is broken;

(3) Immediately initiate an investigation into any discrepancies found and any broken seal; and

(4) Submit a written report of the discrepancy, broken seal, investigation, and resolution to the department within three calendar days of the initial report.

(i) The designated employees transporting cannabis and manufactured cannabis products shall not stop at a location not listed on the manifest.

(j) The dispensary licensee shall transport cannabis and manufactured cannabis products using routes that reduce the possibility of theft or diversion.

(k) A dispensary licensee shall not transport cannabis or manufactured cannabis products:

(1) Off site to qualifying patients, primary caregivers, qualifying out-of-state patients, or caregivers of qualifying out-of-state patients; or

(2) To, from, or within any federal fort or arsenal, national park or forest, any other federal enclave, or any other property possessed or occupied by the federal government.

(l) A dispensary licensee undertakes transportation with the understanding that state law and its protections do not affect federal law and its enforcement. A dispensary licensee shall not transport cannabis or manufactured cannabis products to another county or another island, unless:

(1) No certified laboratory is located in the county or on the island where the dispensary is located and the cannabis or manufactured cannabis product is transported solely for the purposes of laboratory analysis pursuant to subchapter 9 and subject to all tracking requirements in subchapter 5; or

(2) The cannabis or manufactured cannabis product is transported solely for delivery to another dispensary licensee that is purchasing the cannabis or manufactured cannabis product in accordance with section 11-850-45 and subject to all tracking requirements in subchapter 5.

Notes

Haw. Code R. § 11-850-36

[Eff DEC 14 2015] (Auth: HRS §§ 321-9, 329D-27) (Imp: HRS §§ 329D-6, 329D-7, 329D-11, 329D-17, 329D-18, 329D-19, 329D-21) [Am and comp 2/24/2022] (Auth: HRS § 329D-7) (Imp: HRS § 329D-8, SLH 2017, Act 170, §3) Comp 4/29/2022 Am and comp 11/17/2022 Am and comp 8/7/2023 Comp 4/5/2024 [Comp 12/6/2024] (Auth: HRS § 329D-8)