What Is A Medical Marijuana Transportation License?
Video Transcribed: Oklahoma Attorney Isaiah Brydie coming at you with another video. This video is actually going to be the first one in an ongoing segment talking about the new statutory changes. I’m sorry… The new rules that are going to be going into effect that are going to be issued from the Oklahoma Medical Marijuana Authority. Right now, those rules are in their notice and comment phase from I think it’s February 3rd to March 7th. The Oklahoma Medical Marijuana Authority is going to be hearing public comments on these new rules. Today, I’ve actually skipped through some of the beginning information. I’m going straight to the information concerning medical marijuana businesses. I’m going straight to a page 21.
On page 21 and it starts a couple of things. So this is the page that’s speaking about a transporter license. So the first provision is it’s basically setting up that a medical marijuana transportation license is going to be issued to each medical marijuana business. So, that’s the same framework we’re kind of familiar with with the grow, the processor, and the actual dispensary’s. But then from there it also lays out specifically that with that license the people who operate those businesses can’t transport for other medical marijuana businesses. Again, kind of some of the stuff that we’ve been familiar with. Going down to part B, it also says that a medical marijuana transportation license that is independent of the other business licenses can be issued out. So again, the same framework that we’re used to before. However, it’s also laying out that under that transportation license are some additional things they can be done.
So under that independent transportation license, you can transport, store, and distribute medical marijuana or medical marijuana products on behalf of other commercial entities. You can contract with multiple commercial licensees, and you can maintain multiple warehouses for the purpose of temporarily storing and distributing medical marijuana, and medical marijuana products. So that’s more of a framework of you thinking like a distribution center for a gas station businesses, for example. Where those local businesses or those local dispensaries can come to that transportation business or that local medical marijuana distributor and that entity will act as the middleman. Then those local dispensaries will come to that distributor and purchase whatever wares and things that that distributor may have.
Going on from there, going to page 22. These are going to be the requirements for the transportation license. They have been amended. The first amendment is going to be that all vehicles use for transportation, medical marijuana or medical marijuana products shall one, be a quick with active global positioning system. So a GPS tracker which may not be a mobile cellular device, and which shall be capable of storing and transmitting GPS data. So basically it’s laying out that if you’re going to be transporting medical marijuana you need to put a GPS tracker on that car that’s going to be transporting medical marijuana. You can’t use your phone, your phone isn’t good enough. It needs to be an actual device that is on or inside of the car.
Additionally, that car, that vehicle needs to be insured at or above legal requirements in Oklahoma. That has kind of a vague, that provision doesn’t necessarily lay out what, “At or above legal requirements” means. Going on from there, going down to the bottom of page 22 that’s going to be the transportation agent license specifically laid out. These are going to be provisions about how to get the application for transportation agent license. So it’s going to be covering the fee, who can do things, how you submit it, the documents that you need, Getting that employment verification form and all that is really, really important. The supporting documentation that you can use. With those supporting documents, a lot of times those same documents that you used for the actual… If it’s one of the owners or members of the business that is applying for a transportation agent card, those same attachments that you use for the application for those individuals can also be used for that transportation agent card as well.
It goes on to talk about the license terms, renewals. But then when we get to page 24 at the bottom of page 24, it lays out a lot of provisions about the inventory manifest when you actually go on to ship medical marijuana. So here it basically lays out in part two when transporting medical marijuana, or medical marijuana products, commercial transporters, grows, processors, and dispensary shall provide copies of the inventory manifest to each originating and receiving licensee at the time the product has changed hands. So basically meaning that whenever you’re going to transport medical marijuana, you need to do two things. First thing you need to do, you need to have two things, you need to have two copies of that shipping manifest. So one copy you keep for yourself. The other copy you give to the person that you’re selling to.
From there, the copy of the inventory manifest to be left with the originating licensee shall include at a minimum one, the license number, business name, address, and contact information of the originating licensee. The license number… That same information for the licensee that’s actually purchasing the medical marijuana, a complete inventory of the medical marijuana, and medical marijuana products to be transported, including the client, the quantities by weight, or units of each type of medical marijuana and medical marijuana products and the batch numbers, the date of transportation, and the approximate time of departure, printed name, signatures and transportation agent license numbers of personnel accompanying the transporter or… Accompanying the transport, my apologies. Notation of the commercial transporter grower processor or dispensary authorizing the transport, and the license number or numbers, business names and names, address or addresses, and contact information for all end-point recipients.
So basically what they’re trying to do is establish a sort of chain of custody that to be issued out when you transport marijuana and someone purchases it. The same type of chain of custody that were kind of acclimated to now, whenever we do our seed-to-sale notations for the actual transactions of medical marijuana. Going on from there, the copy of the inventory manifest to be left with the receiving party shall include at a minimum, the names and contact information of the receiving licensee, the license number and all that information of the originating licensee, a complete inventory of the medical marijuana or medical marijuana products and delivered to the receiving licensee, including the quantity by weight or unit of each type of medical marijuana or medical marijuana product and their batch number, the estimated time of arrival, the date the personnel to be doing the transportation, the party names and titles, and the legal signatures of the personnel who are receiving the medical marijuana or medical marijuana product on behalf of the company.
Going on from there. A separate inventory manifests shall be prepared for each licensee receiving the medical marijuana or medical marijuana product. So basically if you have multiple businesses that are going to be receiving medical marijuana, each one of them need to have their own shipping manifest. Commercial transporters, processors grows and dispensary’s she’ll also maintain copies of all inventory manifest in accordance with OAC-310 section 681. So basically you need to keep track, you need to keep all of the shipping manifest that you receive whenever you purchase medical marijuana.
Going on from there, originating and receiving licensee shall maintain copies of inventory, manifests and inventory records, logging the quantity of medical marijuana or medical marijuana products received for at least three years from the date of receipt. So again, when you keep those inventory manifest you need to make sure that you keep them on hand and logged for the preceding three years. Also, to an inventory manifest and not be altered after departing from the original licensee’s premises. Receiving licensee shall refuse to accept medical marijuana or medical marijuana products that are not accompanied by an inventory manifests.
If someone refuses to receive medical marijuana because it doesn’t have an inventory manifest of the medical marijuana or medical marijuana products shall be immediately returned to the originating licensee who retains legal ownership of the products. That’s really, really important. So if you reject product because it does not have a inventory manifest, the individual who sold the medical marijuana then keeps ownership of it. Of course, they’re supposed to return you your money. Then also to the refusal shall be fully documented in the inventory manifest. So basically you need to write somewhere in the document that is the inventory manifests that you have rejected receipt. Which I’ll include at a minimum, those same things I laid out to you beforehand.
So this is the first provision that I’ve gone through with the new proposed rule from the medical marijuana authority. Now with these rules, there are going to be some things that might pop out. Of course, if I missed anything be sure to share it with me in the comments and I’ll get to it. Again, this is Isaiah Brydie logging off.