Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 10. Maryland Department of Health |
Part 5. |
Subtitle 62. NATALIE LAPRADE MEDICAL CANNABIS COMMISSION |
Chapter 10.62.28. Licensed Dispensary Operations |
Sec. 10.62.28.03. Receipt of Products Containing Cannabis
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A. A licensee or licensed grower that dispenses medical cannabis to patients may not:
(1) Acquire medical cannabis from an individual or entity in Maryland other than a licensee;
(2) Acquire medical cannabis from outside of Maryland unless authorized by the Commission; or
(3) Transport medical cannabis to any place outside of Maryland.
B. Hemp.
(1) A licensee may acquire hemp product derived from hemp produced in accordance with Agriculture Article, §§14-301-14-309, Annotated Code of Maryland.
(2) Any product derived from hemp shall comply with the testing requirements established in COMAR 10.62.23 prior to distribution to a qualifying patient or caregiver.
C. A receiving licensee shall detail in the standard operating procedure the steps set forth in §§C, D, and H of this regulation, or their equivalent, and a shipping licensee shall detail in its standard operating procedure the steps set forth in §§C-H of this regulation, or their equivalent, to assure:
(1) The integrity of the shipment of products containing cannabis;
(2) The integrity of the electronic manifest and inventory control system; and
(3) The quality of the products in the shipment.
D. Upon arrival of a secure medical cannabis transport vehicle, the transportation agent shall notify an appropriate registered dispensary agent or registered grower agent to continue the chain of custody of the shipment of products containing cannabis.
E. An agent of the receiving licensee shall:
(1) Log into the electronic manifest;
(2) Take custody of a shipment of products containing cannabis;
(3) Confirm that:
(a) The transportation agent is carrying appropriate identification;
(b) The packaging is secure, undamaged, and appropriately labeled;
(c) Each package in the shipment is labeled as described in the electronic manifest; and
(d) The contents of the shipment are as described in the electronic manifest;
(4) Record the confirmations in the electronic manifest;
(5) Obtain in the electronic manifest the signature or the identification number of the transportation agent who delivers the shipment;
(6) Record in the electronic manifest the date and time the receiving agent takes custody of the shipment;
(7) Enter the products containing cannabis into the inventory control system;
(8) Segregate the items in the shipment from the inventory until the item can be inspected;
(9) Inspect each item to ensure that the packaging of each item is undamaged, accurate and complete; and
(10) Upon determining the item passes inspection, release the item into the inventory.
F. The transportation agent shall provide a copy of the electronic manifest for the shipment to the receiving licensee.
G. The transportation agent shall provide the completed electronic manifest to the shipping licensee.
H. The shipping licensee shall retain the electronic manifest for the shipment for 5 years.
I. Discrepancy in the Shipment.
(1) If the licensee finds evidence of a theft or diversion within 1 business day the licensee shall report the theft or diversion to the Commission and to the Maryland State Police.
(2) Within 30 business days of discovering the discrepancy, the licensee shall:
(a) Complete an investigation;
(b) Amend the licensees standard operating procedures, if necessary; and
(c) Send a report of the investigation to the Commission.
(3) The shipping licensee shall submit to the Commission:
(a) Within 7 business days of the observation of the discrepancy, a preliminary report of an investigation of a discrepancy; and
(b) Within 30 business days a final report of the investigation.