N.D. Admin Code 33-44-01-30 - Transportation requirements

1. Any compassion center or laboratory transporting marijuana, usable marijuana, or medical marijuana waste shall use a manifest system, approved by the department, to track transportation. The manifest must be in a vehicle transporting marijuana, usable marijuana, or medical marijuana waste. The manifest must be provided to law enforcement upon request.

a. The manifest system must include a chain of custody that records:

(1) The name and address of the destination.

(2) The description of each individual container that is part of the shipment and the total number of individual containers.

(3) The date and time the 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.

(6) Any handling or storage instructions.

b. Before transporting marijuana, usable marijuana, or medical marijuana waste, a compassion center or laboratory shall:

(1) Complete a manifest on a form approved by the department.

(2) Transmit a copy of the manifest to the receiving entity or individual.

c. The manifest must be signed by:

(1) A compassion center agent or laboratory agent upon departure.

(2) A compassion center agent, laboratory agent, an employee of a waste facility, registered qualifying patient, or registered designated caregiver upon its receipt.

d. A compassion center agent or laboratory agent receiving marijuana or usable marijuana shall:

(1) Verify and document the type and quantity of the transported marijuana, usable marijuana, or medical marijuana waste, against the manifest.

(2) Return a copy of the signed manifest to the originating entity upon completion.

e. A compassion center also shall record the marijuana or usable marijuana that is received as inventory in accordance with section 33-44-01-20.

f. A compassion center or laboratory shall maintain all manifests for at least seven years and make them available upon request by the department.

2. A compassion center or laboratory shall ensure that marijuana, usable marijuana, or medical marijuana waste, except for medical marijuana waste that has been rendered unusable in accordance with section 33-44-01-15, is transported as follows:

a. Packaged in tamper-evident 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 the vehicle contains marijuana, usable marijuana, or medical marijuana waste, or bear the name or logo of the compassion center or laboratory.

d. Transported in an enclosed, locked storage compartment that is secured, or affixed, to the vehicle.

3. Compassion center agents or laboratory agents who are transporting marijuana, usable marijuana, or medical marijuana waste shall:

a. Travel directly to the designation specified on the manifest.

b. Document on the manifest refueling and all other stops during transit, including:

(1) The reason for the stop;

(2) The duration of the stop;

(3) The location of the stop; and

(4) All activities of compassion center agents or laboratory agents exiting the vehicle.

c. If an emergency requires stopping the vehicle, the compassion center agent or laboratory agent shall contact 911.

d. Under no circumstances may any person other than the designated compassion center agent or laboratory agent have physical control of the motor vehicle that is transporting the marijuana, usable marijuana, or medical marijuana waste.

e. A compassion center shall staff all motor vehicles with a minimum of two compassion center agents when transporting usable marijuana between compassion centers. At least one agent shall remain with the motor vehicle at all times when the motor vehicle contains usable marijuana.

f. A single compassion center agent may transport medical marijuana waste between compassion centers or to a waste facility. A single dispensary agent may transport usable marijuana to a registered qualifying patient or registered designated caregiver. A single laboratory agent may transport marijuana, usable marijuana, or medical marijuana waste to its laboratory, to a manufacturing facility, or to a waste facility.

g. Each compassion center agent or laboratory agent in a transport motor vehicle must have communication access with the compassion center or laboratory and have the ability to contact law enforcement through the 911 emergency system.

h. A compassion center agent or laboratory agent shall carry their registry identification card at all times when transporting marijuana, usable marijuana, or medical marijuana waste.

i. A compassion center agent or laboratory agent may not leave a vehicle that is transporting marijuana, usable marijuana, or medical marijuana waste unattended overnight.

Notes

N.D. Admin Code 33-44-01-30

Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

General Authority: NDCC 19-24.1-36

Law Implemented: NDCC 19-24.1-36