Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-7 - Regulation of Secure Transporters › Section 538-X-7-.03 - Applications And Applications Processing As To Secure Transporters Generally

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Generally
. Applicants for a license to operate as a Secure
			 Transporter under the Act and this Chapter shall be governed by Rule 3 of
			 Chapter 3 of these Rules, except as specifically modified below.
(2)
Procedure for Filing Application
			 - Contents of Application Specific to Secure Transporters
. A Secure
			 Transporter's Application filed with the Commission shall conform to the
			 general application requirements for all licensees set forth in Rule 3 of
			 Chapter 3 of these Rules, except as noted below:
(a) Cover Sheet - as provided in Rule 3 of
			 Chapter 3 of these Rules.
(b)
			 Summary Sheet- as provided in Rule 3 of Chapter 3 of these Rules.
(c) Application Information - as provided in
			 Rule 3 of Chapter 3 of these Rules, except that:
1. Verified Written Consent to a state and
			 national criminal background check shall also be obtained for each of the
			 Secure Transporter Applicant's proposed drivers; upon request, all Secure
			 Transporter Applicants and their employees must submit an ALEA Application to
			 Review Alabama Criminal History Record Information (SBI Form 46).
2. Verification that the leaders of all
			 Secure Transporter Applicants and all secure transport drivers and secure
			 transport passengers shall not have received a criminal conviction within the
			 last eight years for:
(i) Any indictable
			 offense.
(ii) Any offense involving
			 stolen property or vehicles; fraud relating to any business the driver has
			 owned, in whole or part, or in which the driver has been employed; stolen
			 property; or other offense of similar nature.
(iii) Operation of a motor vehicle while
			 under the influence of a controlled substance, or offense of similar
			 nature.
(iv) Any offense involving
			 possession, distribution or trafficking in, any illegal substance. A license
			 shall not be awarded to any Secure Transporter Applicant not in compliance with
			 this provision.
3.
			 Verification of compliance with Alabama Public Service Commission requirements
			 for motor carriers; a license shall not be awarded to any Secure Transporter
			 Applicant who fails to comply with this provision.
4. License Plate and DOT numbers, if
			 available, for all secure transport vehicles.
5. Driver's License and Social Security
			 Number, if available, of each secure transport driver.
6. Verification that all Secure Transport
			 drivers are at least 21 years of age and have a minimum of three years of
			 driving experience; a license shall not be awarded to any Secure Transporter
			 Applicant who fails to comply with this provision.
7. The Applicant's consent, as required by
			 §
										20-2A-55(d),
Code of Ala. 1975,
(as amended), to the inspections,
			 examinations, searches and seizures contemplated by §
										20-2A-52(a)(3),
Code of Ala. 1975,
(as amended), shall specifically
			 extend to all secure transport vehicles; a license shall not be awarded to any
			 Secure Transporter Applicant who fails to provide the requisite
			 consent.
8. Other information or
			 documentation as the Commission may require of Secure Transporters, as
			 contained on the application.
(i) The Secure
			 Transporter Applicant's Verification regarding all proposed facilities shall
			 conform with Rule 3 of Chapter 3 of these Rules.
(ii) The Secure Transporter Applicant's
			 Verification that it has no economic interest in any other license or Applicant
			 for license under the Act or this Chapter shall conform with Rule 3 of Chapter
			 3 of these Rules.
(iii) Exhibits to
			 the Secure Transporter Applicant's application Information shall be as provided
			 in Rule 3 of Chapter 3 of these Rules, except as follows:
(I) Secure Transporters also must provide, as
			 available, title, lease or other documentation demonstrating possessory
			 interest in all vehicles to be used for secure transportation of cannabis or
			 medical cannabis.
(II) Secure
			 Transporters also must provide, as available, copies of declarations pages of
			 insurance policies applicable to all vehicles to be owned and operated by the
			 company, particularly those proposed for the secure transport of cannabis or
			 medical cannabis.
(III) Secure
			 Transporters must also provide copies of all contracts, contingent contracts or
			 memoranda of understanding (or, if not available, exemplars) between the Secure
			 Transport Applicant and any other licensee or applicant under the Act and these
			 Rules.
(IV) Secure Transporters
			 must include a list of any motor vehicle citations, fines or violations
			 received by its drivers, identified to each individual, in the last three
			 years.
(V) To the extent that a
			 Secure Transporter intends to operate a vehicle that requires a Commercial
			 Drivers' License, documentation demonstrating that proposed drivers are
			 properly trained and licensed. Secure Transporters must verify that all
			 vehicles and drivers have the requisite training and shall maintain compliance
			 with all federal, state and local laws applicable to them at all times while
			 employed as a driver.
(VI) Secure
			 Transporters also must provide a Fleet Summary showing the make, model, VIN
			 Number, license plate number and specifications of all vehicles proposed for
			 the secure transport of cannabis or medical cannabis including but not limited
			 to the design and specification of all areas in which cannabis or medical
			 cannabis is to be stored.
(VII) The
			 Employee Handbook provided by Secure Transporters shall include or be
			 accompanied by a Drivers' Manual detailing qualifications, standards, and
			 procedures to be met and followed by prospective drivers.
(VIII) In addition to the contents of the
			 Policies and Procedures Manual common to all applicants, the Policies and
			 Procedures Manual and/or the Drivers' Manual of Applicants for a Secure
			 Transporter's license shall specifically address protocols for the care and
			 maintenance of all vehicles proposed for secure transport of cannabis or
			 medical cannabis.
(iv)
			 Exemplar or, if available, proposed, if not copies of actual route plans for
			 all proposed secure transport vehicles, for inclusion in the Statewide
			 Seed-to-Sale Tracking System.
(v)
			 The Secure Transporter's Security Plan must also include a verified plan for
			 security during transport of medical cannabis, including but not limited to the
			 following:
(I) Variable route plans and GPS
			 tracking systems must be monitored from the secure transporter's security
			 center using Wi-Fi or hardline network technology.
(II) Locks and Alarm systems must be
			 installed on all vehicles proposed for the secure transport of medical
			 cannabis, including but not limited to the storage area within each vehicle
			 where the product is to be kept while in transit.
(III) Vehicle dashboard and storage area
			 audio/video recording devices (self- recording and, at all times possible,
			 viewable from and saved directly to the secure transporter's security center)
			 must be installed and operational at all times while the vehicle is in transit,
			 and shall include lighting and resolution sufficient to readily identify
			 individuals and activities depicted in the same way as required of audio/video
			 recordings inside licensees' facilities, and kept for the same time and under
			 the same conditions as for such audio/video recordings. See paragraph
			 3.m.(16)(k) of Rule 538-X-3-.03.
(IV) Secure transport vehicles must be free
			 of markings:
I. indicating that they are
			 carrying cannabis or medical cannabis, or
II. bearing the name or logo of any other
			 licensee.
(V) Cannabis
			 and/or medical cannabis shall be kept in sealed tamper-evident containers that
			 are not accessible to transport personnel during transit but are equipped with
			 tracking devices that can be monitored remotely by the secure transporter at
			 all times during transit.
(VI)
			 Cannabis, medical cannabis and containers holding the same must not be visible
			 or recognizable outside the secure transport vehicle.
(VII) Secure Transport drivers shall have
			 ready access to duress panic and/or hold-up alarms that may be activated in the
			 event of an attempted diversion by unauthorized personnel, hijackers,
			 terrorists, or other improper intervenors. Each employee in a secure transport
			 vehicle must have communication access to the Secure Transporter's security
			 center and be able to contact 911at all times while the secure transport
			 vehicle contains cannabis or medical cannabis.
(VIII) If an emergency requires stopping the
			 vehicle, employees must notify the secure transporter's security center (or
			 ALEA) of the nature of the emergency and complete an incident report form
			 provided by the Commission.
(IX)
			 Under no circumstances may any person other than a designated secure
			 transporter employee have actual physical control of the motor vehicle
			 transporting cannabis or medical cannabis.
(X) Secure Transport drivers shall be trained
			 in, and have ready access to, secure procedures for undergoing administrative
			 inspection by law enforcement pursuant to §
												20-2A-65(c),
Code of Ala. 1975,
(as amended). A Secure Transport
			 employee must carry an employee ID card at all times when transporting or
			 delivering cannabis or medical cannabis; upon request, the ID card must be
			 presented to the Commission or law enforcement officer acting in the course of
			 official duties.
(XI) Individual
			 batches of cannabis or medical cannabis prepared for storage or transport must
			 be appropriately labeled and inserted in containers prior to transport. Batches
			 shall be bar-coded, QR coded, or otherwise digitally coded to identify the
			 following:
I. The batch number(s) or plant
			 tag number(s),
II. The contracting
			 licensee,
III. Facility of
			 origin,
IV. The type of
			 product,
V. The date of harvest
			 and/or processing and packaging, as applicable, and
VI. The date of the last State Testing
			 Laboratory approval.
(XII) Secure Transport vehicles shall have no
			 fewer than two personnel (a driver and one other) in the vehicle at all times
			 when the vehicle is carrying cannabis or medical cannabis and is (a) making
			 more than a single stop on the route and/or (b) traveling more than ten (10)
			 miles while carrying cannabis or medical cannabis. Notwithstanding the
			 foregoing, a single employee may transport cannabis or medical cannabis to or
			 from a State Testing Laboratory. Secure Transport vehicles may not be left
			 unattended at any time when containing cannabis or medical cannabis; at least
			 one employee must remain with the vehicle at all times when the vehicle
			 contains cannabis or medical cannabis. Only designated personnel shall occupy a
			 secure transport vehicle during transport of cannabis or medical cannabis;
			 non-employee passengers of any kind are prohibited.
(XIII) Secure Transport vehicles carrying
			 cannabis or medical cannabis must adhere to the designated route at all times.
			 If an alternate route is necessary, the driver must contact the security office
			 and note the change on the route plan. Secure transporters shall document all
			 stops in transit for refueling or otherwise, including the reason for the stop,
			 the duration of the stop, the location of the stop, and all activities of
			 employees exiting the vehicle.
(XIV) Secure transport vehicles must be
			 equipped with GPS tracking and monitored throughout transit by the Secure
			 Transporter's security center through Wi-Fi or hardwire networking
			 technology.
(XV) Route plans,
			 manifests, transport logs, freight bills, bills of lading and any free-
			 on-board ("FOB") terms of sale documents, maintenance and repair records, and
			 insurance documentation must be kept (either manually or electronically,
			 including, but not limited to, as part of the Statewide Seed-to-Sale Tracking
			 System), as to all vehicles in the secure transporter's fleet, for a period of
			 not less than two (2) years, and longer upon the request of the Commission or
			 law enforcement. Such documents shall be made available to the Commission or
			 its representatives (including inspectors) during inspections and other
			 official visits.
(XVI) Upon
			 request, a secure transporter shall make available to the Commission or its
			 inspectors all information relating to the security plan.
(vi) The Secure Transporter Applicant must
			 provide an affidavit signed by the responsible individual and designated
			 contact person (or, if the Secure Transporter is an entity, the duly authorized
			 officer, owner or interest holder and the designed contact person) that the
			 information provided in the Application is true and correct, to the best of the
			 Affiants' knowledge upon a diligent investigation thereof.
(vii) The Secure Transporter Applicant must
			 provide an Application Fee pursuant to §
											20-2A-55(f),
Code of Ala. 1975,
(as amended). The Applicant's
			 nonrefundable Application Fee must be submitted electronically per instructions
			 in the Application Form received in response to the applicant's Request for
			 Application.