Okla. Admin. Code § 442:10-9-6

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

Section 442:10-9-6 - Security requirements

(a)General requirements. All licensed entities shall provide effective controls and procedures to guard against theft and diversion of medical marijuana and medical marijuana products. In order to determine whether a registrant has provided effective controls against diversion, the licensee shall adhere to the security requirements as set forth by these Rules.

(b)Storage. OMMA licensed entities shall dispose of medical marijuana waste using a medical marijuana waste disposal facility licensed by the Authority. The licensee shall dispose of all medical marijuana waste in a secure waste receptacle that is locked with commercial-grade locks. The receptacle shall be kept in a safe and secure location with limited access.

(c)Transport.

(1) Medical marijuana waste facilities or medical marijuana commercial licensees transporting waste to licensed medical marijuana waste disposal facilities shall transport medical marijuana waste in accordance with the following:

(A) All medical marijuana waste shall be transported:

(i) In a locked shipping container, shielded from public view and clearly labeled "Medical Marijuana Waste"; and

(ii) 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:

(i) 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

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

(C) Medical marijuana waste facilities or medical marijuana commercial licensees transporting waste to licensed medical marijuana waste disposal facilities shall maintain updated and accurate records and information on all vehicles engaged in the transport of medical marijuana waste, including GPS data and records. Such records and information shall be kept at the licensed premises and shall be readily accessible.

(D) Medical marijuana waste facilities or medical marijuana commercial licensees transporting waste to licensed medical marijuana waste disposal facilities shall implement appropriate security measures to deter and prevent the theft and diversion of medical marijuana waste during transportation.

(E) Medical marijuana waste facilities or medical marijuana commercial licensees transporting waste to licensed medical marijuana waste disposal facilities shall comply with all applicable motor vehicle laws.

(2) Waste disposal facilities who render the medical marijuana unusable and unrecognizable at the collection site shall transport the processed medical marijuana waste in accordance with the following:

(A) All vehicles used to transport medical marijuana and medical marijuana products shall be insured at or above the legal requirements in Oklahoma.

(B) Medical marijuana waste facilities shall maintain updated and accurate records and information on all vehicles engaged in the transport of medical marijuana waste. Such records and information shall be kept at the licensed premises and shall be readily accessible.

(C) Medical marijuana waste facilities shall comply with all applicable motor vehicle laws.

(d)Documentation. The medical marijuana business, research facility, and education facility licensees transferring the medical marijuana waste for disposal shall document in the electronic inventory system all waste placed in the secure container and transferred to the medical marijuana waste facility licensee. The inventory manifest for transport of medical marijuana waste shall also contain this information and shall adhere to OAC 442:10-9-6(c). Each person authorized by the waste facility licensee to transport to a waste disposal facility shall maintain records before and during transport and at the waste disposal facility. Electronic inventory should match the inventory manifest form prior to travel and upon arrival at the disposal facility.

(1) The copy of the inventory manifest to be left with the business, research facility, or education facility licensee include the following:

(A) The license number, business name, address and contact information of the business, research facility, or education facility licensee;

(B) The license number, business name, address and contact information of the waste disposal facility licensee;

(C) A complete inventory of the medical marijuana waste to be transported, including quantities by weight or unit of the medical marijuana waste;

(D) The date of transportation and approximate time of departure;

(E) Printed names and signatures of personnel accompanying the transportation of the medical marijuana waste; and

(F) Notation of the business, research facility, or education facility from which the medical marijuana waste was collected.

(2) The copy of the inventory manifest to be retained by the medical marijuana waste facility shall include, at a minimum:

(A) The license number, business name, address and contact information of the business, research facility, or education facility licensee(s) from which the waste was collected;

(B) The license number, business name, address and contact information of the waste disposal facility licensee;

(C) A complete inventory of the medical marijuana waste collected, including quantities by weight or unit of the medical marijuana waste;

(D) The date and time of arrival; and

(E) The printed names and signatures of personnel accompanying the transportation of the medical marijuana waste.

(e)Records and reporting. Reporting the loss of in-transit shipments is the responsibility of the waste disposal facility licensee. Any losses shall be reported to the Authority immediately in writing and through the electronic inventory system. Every inventory and other record required shall be kept by the licensee available for at least seven (7) years from the date of such inventory or record, for inspecting and copying.

Okla. Admin. Code § 442:10-9-6

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