Ohio Admin. Code 3796:5-3-01 - Transportation of medical marijuana and medical marijuana products
(A)
Prior to transporting any medical marijuana, regardless
of form, a medical marijuana entity licensed by the department shall maintain a
transportation log, in writing, that contains the following information:
(1)
The names and
addresses of the medical marijuana entities sending and receiving the
shipment;
(2)
The names and registration numbers of the registered
employees transporting the medical marijuana or the products containing medical
marijuana;
(3)
The license plate number and vehicle type that will
transport the shipment;
(4)
The time of departure and estimated time of
arrival;
(5)
The specific delivery route, which includes street
names and distances; and
(6)
The total weight of the shipment and a description of
each individual package that is part of the shipment, and the total number of
individual packages.
(B)
The medical
marijuana entity transporting medical marijuana under paragraph (A) of this
rule shall transmit a copy of the transportation log to the medical marijuana
entity that will receive the products and to the department before the close of
business the day prior to transport. The medical marijuana entity shall enter
the information required in the inventory tracking system in accordance with
section 3796.07 of the Revised Code and
the rules promulgated in accordance with Chapter 3796. of the Revised Code. The
transportation log shall be made available to law enforcement agencies upon
request. A medical marijuana entity shall maintain all transportation logs in
accordance with the record keeping requirements established under the rules
promulgated in accordance with Chapter 3796. of the Revised Code, and make them
available at the request of the department.
(C)
The vehicle
transporting the medical marijuana or any product containing medical marijuana
shall meet the following requirements:
(1)
Be insured as
required by law;
(2)
Store the medical marijuana and any product containing
medical marijuana in a locked, safe, and secure storage compartment that is
part of the motor vehicle, or in a locked storage container that has a separate
key or combination pad;
(3)
Ensure any medical marijuana or product containing
medical marijuana is not visible from the outside of the
vehicle;
(4)
Be staffed with a minimum of two employees registered
with the department, with at least one employee remaining with the vehicle at
all times that the vehicle contains medical marijuana;
(5)
Have access to a
secure form of communication with personnel at the medical marijuana entity and
the ability to contact law enforcement through the 911 emergency system at all
times that the vehicle contains medical marijuana, unless notification is
impractical under the circumstances; and
(6)
Not contain any
marks, logos, brands, or other illustrations on the exterior of the vehicle,
other than those affixed to the vehicle by the vehicle manufacturer or
dealership.
(D)
Any vehicle transporting medical marijuana or any
product containing medical marijuana shall travel directly from the sending
medical marijuana entity to the receiving medical marijuana entity and shall
not make any stops in between except to other medical marijuana entities listed
on the transportation log, to refuel the vehicle, or to notify the medical
marijuana entities, the department and law enforcement in the event of an
emergency. In the event of an emergency, the employees will report the
emergency immediately to law enforcement through the 911 emergency system and
to the medical marijuana entities, which will immediately notify the
department, unless the notification is impractical under the
circumstances.
(E)
A registered employee transporting medical marijuana
shall do the following:
(1)
Display his or her department issued employee
identification card at all times when transporting or delivering medical
marijuana and shall produce it for the department or department's authorized
representative or law enforcement official upon request;
(2)
Ensure delivery
times vary and routes are randomized;
(3)
Report any
vehicle accident that occurs during the transportation to a person designated
by the transporting medical marijuana entity to receive such reports within two
hours after the accident occurs;
(4)
Report any loss
or theft of medical marijuana that occurs during the transportation of medical
marijuana in accordance with rule
3796:5-4-01
of the Administrative Code;
(5)
Carry a copy of
the transportation log completed pursuant to paragraph (A) of this rule for the
duration of the trip; and
(6)
Notify the medical marijuana entity when the delivery
has been completed.
Notes
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03
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