3796:4-2-10 Testing laboratory transportation of medical marijuana samples.

(A) Prior to transporting any medical marijuana samples, regardless of form, a testing laboratory licensed by the department shall maintain a transportation log, in writing, that contains the following information:

(1) The name and address of the medical marijuana entity from which the sample is taken;

(2) The name and registration number of the registered testing laboratory employee transporting the medical marijuana samples;

(3) The license plate number and vehicle type that will transport the samples;

(4) The time of departure and estimated time of arrival;

(5) The specific travel route, which includes street names and distances; and

(6) The total weight of the samples collected, a description of each sample, and the total number of samples being transported.

(B) The testing laboratory transporting medical marijuana under paragraph (A) of this rule 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 testing laboratory 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 samples or any product containing medical marijuana shall meet the following requirements:

(1) Be insured as required by law;

(2) Store the medical marijuana samples 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 that any medical marijuana samples are not visible from the outside of the vehicle;

(4) Be staffed by a testing laboratory employee registered with the department;

(5) Have access to a secure form of communication with personnel at the testing laboratory and the ability to contact law enforcement through the 911 emergency system at all times that the vehicle contains medical marijuana samples, 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 samples shall travel directly from the facility from which the samples were collected to the testing laboratory, and shall not make any stops in between except to other medical marijuana entities listed on the transportation log for the purpose of collecting samples, 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 testing laboratory employee transporting medical marijuana samples shall do the following:

(1) Display his or her department issued employee identification card at all times when transporting medical marijuana samples and shall produce it for the department or department's authorized representative or law enforcement official upon request;

(2) Ensure sample pick up times vary and routes are randomized;

(3) Report any vehicle accident that occurs during the transportation to the management staff of the testing laboratory 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; and

(5) Carry a copy of the transportation log completed pursuant to paragraph (A) of this rule for the duration of the trip.

Cite as Ohio Admin. Code 3796:4-2-10

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03