PURPOSE: Under Article XIV, Section 1 of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control Medical Marijuana Facilities. This rule explains what regulations apply only to Transportation Facilities.

1. (1) Access to Transportation Facility Certifications.

   1. (A) The department will certify all transportation facilities that can demonstrate they meet minimum standards as described in 19 CSR 30-95.025(4)(A).
   2. (B) A facility license will be issued for a single facility with a single, primary place of business. Combinations of licenses at the same location must be approved pursuant to 19 CSR 30-95.040(4)(C).

2. (2) Transportation Facility Requirements. In addition to the requirements for transportation facilities in 19 CSR 30-95.040, transportation facilities shall also comply with the provisions of this section.

   1. (A) Transportation facilities must ensure all facility employees are trained in at least the following:

      1. 1. The use of security measures and

controls that have been adopted by the facility for the prevention of diversion, inversion, theft, or loss of medical marijuana;

1. 2. Proper use of the statewide track and

trace system;

1. 3. Procedures for responding to an

emergency, including severe weather, fire, natural disasters, and unauthorized intrusions; and

1. 4. Standards for maintaining the confi-

dentiality of information related to the medical use of marijuana, including, but not limited to, compliance with the Health Insurance Portability and Accountability Act of 1996.

1. (B) Transportation facilities shall transport all medical marijuana from an originating facility to a destination within twenty-four

1. (24) hours. When extenuating circumstances necessitate holding medical marijuana longer than twenty-four (24) hours, the transportation facility shall notify the department of the circumstances and the location of the medical marijuana.

   1. (C) Unless expressly allowed by the local government, no new transportation facility shall be sited, at the time of application for certification or for local zoning approval, whichever is earlier, within one thousand feet (1,000') of any then-existing elementary or secondary school, daycare, or church.

      1. 1. In the case of a freestanding facility,

the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.

1. 2. In the case of a facility that is part of

a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.

1. 3. Measurements shall be made along

the shortest path between the demarcation points that can be lawfully traveled by foot.

1. (D) A transportation facility’s primary place of business shall meet the security requirements of 19 CSR 30-95.040(4)(H). In addition to those requirements, transportation facilities shall also comply with the following:

   1. 1. All vehicles used to transport medical

marijuana shall not be marked in any way that indicates medical marijuana is being transported by that vehicle and shall be equipped with at least—

1. A. A secure lockbox or locking cargo

area made of smooth, hard surfaces that are easily cleaned for storing medical marijuana during transit;

1. B. A secure lockbox for storing pay-

ments and video monitoring recording equipment during transit;

1. C. Video monitoring of the driver and

passenger compartment in the vehicle and of any space where medical marijuana is stored during transit; and

1. D. GPS tracking;
2. 2. Facility agents transporting medical

marijuana shall—

1. A. Prior to transporting medical mar-

ijuana, print an inventory manifest for the trip generated from the statewide track and trace system and create a trip plan, which shall be provided to the facility from which the medical marijuana is transported, and which shall include:

1. (I) The name of the facility agent(s)

transporting the medical marijuana;

1. (II) The date and start time of

transportation;

1. (III) The anticipated delivery time;

and

1. (IV) The anticipated route of trans-

portation;

1. B. During transport—

   1. (I) Have facility agent identification

card(s) accessible at all times;

1. (II) Keep a copy of the applicable

inventory manifest and trip plan in the transportation vehicle, which shall be placed under the driver’s seat or in a compartment beside the driver’s seat for the duration of the trip;

1. (III) Have a means of communica-

tion accessible at all times;

1. (IV) Immediately report to law

enforcement any vehicle accidents in which the transportation vehicle is involved; and

1. (V) Immediately report any loss or

theft of medical marijuana to a person designated by the transportation facility for this purpose; and

1. C. After transport, revise the trip plan

to reflect the actual route taken and the end time of transportation and deliver the revised trip plan to a person designated by the transportation facility for this purpose;

1. 3. Any incident of theft or attempted

theft of medical marijuana shall be reported to the department within twenty-four (24) hours of the incident; and

1. 4. All trip plans and revised trip plans

shall be maintained by the transportation facility for at least five (5) years.

AUTHORITY: sections 1.3.(1)(b) and 1.3.(2) of Article XIV, Mo. Const. Emergency rule filed May 24, 2019, effective June 3, 2019, expired Feb. 27, 2020. Original rule filed May 24, 2019, effective Jan. 30, 2020.