Okla. Admin. Code § 442:10-3-2

Current through Vol. 42, No. 4, November 1, 2024

Section 442:10-3-2 - Requirements for transportation of marijuana

(a) With the exception of a lawful transfer between medical marijuana businesses that are licensed to operate at the same physical address, all medical marijuana and medical marijuana products shall be transported:

(1) In a locked shipping container, shielded from public view, and clearly labeled "Medical Marijuana or Derivative"; and

(2) In a secured area of the vehicle that is not accessible by the driver during transit.

(b) All vehicles used to transport medical marijuana and medical marijuana products shall be:

(1) Equipped with active Global Positioning System (GPS) trackers, which shall not be mobile cellular devices and which shall be capable of storing and transmitting GPS data; and

(2) Insured at or above the legal requirements in Oklahoma.

(c) Commercial transporters, growers, processors, dispensaries, laboratories, research facilities, and education facilities shall maintain updated and accurate records and information on all vehicles engaged in the transport of medical marijuana or medical marijuana products, including GPS data and records. Such records and information shall be kept at the licensed premises for at least seven (7) years and shall be readily accessible.

(d) Licensed transporter agents shall carry a copy of the commercial transporter license or the grower, processor, dispensary, laboratory, research facility, or education facility transportation license, and the transporter agent's license while transporting medical marijuana. Penalties for violations of this subsection shall include fines in the amounts set forth in Appendix C against the individual transporter and the employing commercial transporter, grower, processor, dispensary, laboratory, research facility, or education facility for whom the transporting agent is transporting medical marijuana or medical marijuana products at the time of the violation.

(e) Commercial licensees and transporter agents shall implement appropriate security measures to deter and prevent the theft and diversion of marijuana during transportation.

(f) Commercial transporters and transporter agents shall comply with all applicable motor vehicle laws.

(g) In addition to any other penalties established by law, the Authority may revoke the transporter agent license of any transporter agent who knowingly violates any provision of 63 O.S. § 427.16.

(h) In addition to any other penalties established by law, the Authority may revoke or suspend the transporter license of any commercial transporter who knowingly aids or facilitates a transporter agent in the violation of any provision of 63 O.S. § 427.16.

Okla. Admin. Code § 442:10-3-2

Adopted by 40 Ok Reg 382, eff 11/1/2022 (emergency); Adopted by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 8/11/2023