NAC453A.416. Requirements for transportation of marijuana, paraphernalia and related products.

     1. A medical marijuana establishment agent authorized by the medical marijuana establishment for which he or she is employed or volunteers may transport marijuana, paraphernalia, edible marijuana products and marijuana-infused products between the medical marijuana establishment and:

     (a) Another medical marijuana establishment; and

     (b) A person who holds a valid registry identification card or his or her designated primary caregiver.

     2. Not more than 10 ounces of marijuana, edible marijuana products or marijuana-infused products, or any combination thereof, may be transported at any one time from a medical marijuana establishment to persons who hold valid registry identification cards or their designated primary caregivers.

     3. When transporting marijuana, paraphernalia, edible marijuana products or marijuana-infused products to a person who holds a valid registry identification card or his or her designated caregiver pursuant to subsection 1, a medical marijuana establishment agent must:

     (a) Before transportation, confirm verbally with the patient or designated primary caregiver by telephone that the patient or designated primary caregiver ordered the marijuana, paraphernalia, edible marijuana products or marijuana-infused products and verify the identity of the patient;

     (b) Enter the details of the confirmation obtained pursuant to paragraph (a) in a log which must be available for inspection by the appropriate law enforcement agency; and

     (c) Secure a signature from the patient or designated primary caregiver when the items are delivered and may only leave the items with the patient or designated primary caregiver.

     4. Before transporting marijuana, paraphernalia, edible marijuana products or marijuana-infused products pursuant to subsection 1, a medical marijuana establishment agent must:

     (a) Complete a trip plan that includes, without limitation:

          (1) The name of the medical marijuana establishment agent in charge of the transportation;

          (2) The date and start time of the trip;

          (3) A description of the marijuana, paraphernalia, edible marijuana products and marijuana-infused products being transported; and

          (4) The anticipated route of transportation.

     (b) Provide a copy of the trip plan completed pursuant to paragraph (a) to the medical marijuana establishment for which he or she is providing the transportation.

     5. During the transportation of marijuana, paraphernalia, edible marijuana products or marijuana-infused products pursuant to subsection 1, the medical marijuana establishment agent must:

     (a) Carry a copy of the trip plan completed pursuant to paragraph (a) of subsection 4 with him or her for the duration of the trip;

     (b) Have his or her medical marijuana establishment agent registration card in his or her immediate possession;

     (c) Use a vehicle without any identification relating to marijuana and which is equipped with a secure lockbox or locking cargo area which must be used for the sanitary and secure transportation of marijuana, paraphernalia, edible marijuana products or marijuana-infused products;

     (d) Have a means of communicating with the medical marijuana establishment for which he or she is providing the transportation; and

     (e) Ensure that all marijuana, paraphernalia, edible marijuana products or marijuana-infused products are not visible.

     6. After transporting marijuana, paraphernalia, edible marijuana products or marijuana-infused products pursuant to subsection 1, a medical marijuana establishment agent must enter the end time of the trip and any changes to the trip plan that was completed pursuant to paragraph (a) of subsection 4.

     7. Each medical marijuana establishment agent transporting marijuana, paraphernalia, edible marijuana products or marijuana-infused products pursuant to subsection 1, must:

     (a) Report any vehicle accident that occurs during the transportation to a person designated by the medical marijuana establishment to receive such reports within 2 hours after the accident occurs; and

     (b) Report any loss or theft of marijuana, paraphernalia, edible marijuana products or marijuana-infused products that occurs during the transportation to a person designated by the medical marijuana establishment to receive such reports immediately after the medical marijuana establishment agent becomes aware of the loss or theft. A medical marijuana establishment that receives a report of loss or theft pursuant to this paragraph must immediately report the loss or theft to the appropriate law enforcement agency and to the Division as required by NAC 453A.418.

     8. A medical marijuana establishment shall:

     (a) Maintain the documents required in paragraph (a) of subsection 4 and subsections 6 and 7; and

     (b) Provide a copy of the documents required in paragraph (a) of subsection 4 and subsections 6 and 7 to the Division for review upon request.

     9. Each medical marijuana establishment shall maintain a log of all reports received pursuant to subsection 7.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)