“Marihuana transporter” means a secure transporter under the medical marihuana facilities licensing act or a marihuana secure transporter under the Michigan Regulation and Taxation of Marihuana Act, or both.
Prohibited: The applicant or any investor may not have an interest in any other type of facility.. Application to be denied if the applicant will hold an ownership interest in both a marihuana safety compliance facility or in a marihuana secure transporter and in a marihuana grower, a marihuana processor, a marihuana retailer, or a marihuana microbusiness, or a class A marihuana microbusiness in violation of section 9 of the MRTMA, MCL 333.27959.
Events: The marihuana products sold onsite at a temporary marihuana event must be transported to the site of the temporary marihuana event by a licensed secure transporter in compliance with the Michigan regulation and taxation of marihuana act and these rules. A licensed transporter is not required if less than 15 ounces of marihuana or 60 grams of concentrate is transported at 1 time.
Secured Transport Growers. Except as otherwise provided in the MRTMA and these rules, a marihuana grower license authorizes sale of marihuana and marihuana plants to a marihuana grower only by means of a marihuana secure transporter. A marihuana grower license authorizes the sale or transfer of seeds, seedlings, tissue cultures, or immature plants to a marihuana grower from another marihuana grower without using a marihuana secure transporter.
A marihuana grower license authorizes a marihuana grower to transfer marihuana without using a marihuana secure transporter to a marihuana processor or marihuana retailer if both of the following are met:
(a) The marihuana processor or marihuana retailer occupies the same location as the marihuana grower and the marihuana is transferred using only private real property without accessing public roadways.
(b) The marihuana grower enters each transfer into the statewide monitoring system.
R 420.106 Marihuana secure transporter license. Rule 6.
(1) A marihuana secure transporter license authorizes the licensee to store and transport marihuana and money associated with the purchase or sale of marihuana between marihuana establishments for a fee upon request of a person with legal custody of that marihuana or money. It does not authorize transport to a registered qualifying patient or registered primary caregiver. If a marihuana secure transporter has its primary place of business in a municipality that has not adopted an ordinance under section 6 of the MRTMA, MCL 333.27956, prohibiting marihuana establishments, the marihuana secure transporter may travel through any municipality.
(2) A marihuana secure transporter shall accurately enter all transactions, current inventory, and other information into the statewide monitoring system as required in these rules.
(3) A marihuana secure transporter shall comply with all of the following:
(a) Each driver transporting marihuana must have a chauffeur's license issued by this state.
(b) Each vehicle must be operated with a 2-person crew, with at least 1 individual remaining with the vehicle at all times during the transportation of marihuana.
(c) A route plan and manifest must be entered into the statewide monitoring system, and a copy must be carried in the transporting vehicle and presented to a law enforcement officer upon request.
(d) The marihuana must be transported in 1 or more sealed containers and not be accessible while in transit. (e) A secure transporting vehicle may not bear markings or other indication that it is carrying marihuana or a marihuana-infused product.
(f) A secure transport vehicle may be stored at a location that is not the primary place of business of the secure transporter if the vehicle does not contain marihuana products and the address of storage is reported to the agency.
(4) A marihuana secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana to determine compliance with the MRTMA and these rules.
(5) A marihuana secure transporter may transfer marihuana and marihuana product to another marihuana secure transporter for the purpose of completing a transfer between marihuana establishments as long as all of the following are complied with:
(a) The transfer of marihuana or marihuana product takes place at a location that is licensed as a marihuana secure transporter.
(b) The transfer of product between marihuana secure transporters is on the manifest in the statewide monitoring system. (c) The transfer of product between marihuana secure transporters occurs as a result of a request by the marihuana establishment that has sent the product to another marihuana establishmen
When a secure transporter picks up marijuana or cash, it takes over physical custody of the product while in its possession, but not legal custody. This is an important distinction as it may have some costly effects on protecting a secure transporter in the event of stolen or damaged product.
This does not apply to just the organization either. The applicant or any investor may not have an interest in any other type of facility (grower, processor, dispensary, or testing facility) and they cannot be a registered primary caregiver or qualifying patient. In other words, anyone tied to a secure transporter cannot be involved in any other aspect of the marijuana industry. This prevents a fully vertically-integrated industry in Michigan as this stipulation applies to labs as well.
All product must be kept in a locked, secured, and sealed container that is inaccessible during transport. Cash must be kept in a separate sealed container accessible only by its employees. Cash and product can never be transported in the same container.
All transactions must be entered into the statewide tracking system and records must be made available to authorities upon request. Cash shipments must be logged and tracked and the records must be made available to authorities upon request.
Transporters must have route plans and manifests available for inspections by LARA or the State Police. A copy must also be carried with the transporter as they can be subject to inspection by law enforcement at any point during the transport process. The transporter must stick to the manifest, however, if a change is required, you must notify all parties as well as update the statewide monitoring system and revise the manifest.
LARA has provided a definition of the “reasonable timeframe” a transporter is allowed to maintain custody of a shipment. This definition allows for not more than 48 hours. However, an exception may be granted by LARA on a case-by-case basis if additional time may be required.
All vehicles must be registered with the Secretary of State along with proof of insurance required by State law. In addition to this, you must also identify and report the vehicles to LARA as secure transport vehicles. You must also file Form E with the State which can have an impact on the amount of insurance coverage you must carry on the vehicles.
The vehicle may not have any markings that indicate it is carrying cannabis, cannabis-infused products, or cash.
All shipments must be made with two people and at least one person must remain with the vehicle at all times during transport. Employees with custody of product and cash during transport must not have been convicted of or released from incarceration due to a felony or have been convicted of a misdemeanor related to a controlled substance within the past five years.
All Michigan licensees must maintain general liability and product liability insurance. Secure transports must also maintain commercial automobile coverage on all vehicles used to transport cannabis and cash.
Secure transporters face some unique risks that don’t apply to other licensees. Cargo coverage is the primary coverage we recommend. This protects secure transporters in the event of lost, stolen, or damaged product or cash. Also known as Care, Custody, and Control coverage, this is recommended since transporters do not take legal custody of the product while in its possession and a standard commercial property policy provides no coverage for a product that is not legally owned by the transporter.
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