Cal. Code Regs. Tit. 4, § 15311 - Requirements for the Transportation of Cannabis and Cannabis Products
The following requirements apply when transporting cannabis and cannabis products between licensees or licensed premises:
(a) Transportation shall only be conducted by
persons holding a distributor license under the Act, or employees of those
persons. All vehicles and trailers used for transportation shall be owned or
leased, in accordance with the Vehicle Code, by the licensee. The licensee is
not required to be the sole owner or lessor of the vehicle or trailer and all
owners and lessors may use the vehicle for non-commercial cannabis
activity.
(b) Prior to transporting
any cannabis and cannabis products, the licensed distributor shall have a
completed sales invoice or receipt that meets the requirements of Business and
Professions Code section
26161.
The licensed distributor shall only transport cannabis and cannabis products
listed on the sales invoice or receipt. The sales invoice or receipt may not be
altered or changed once transport begins.
(c) A licensed distributor employee shall
always carry a copy of the distributor's license and a copy of the QR Code
certificate issued by the Department while engaging in the transportation of
cannabis goods. The QR Code certificate shall comply with the requirements of
section 15039, subsection (d).
(d) All vehicles transporting cannabis goods
for hire shall be required to have a motor carrier permit issued to the
licensed distributor pursuant to Chapter 2 (commencing with Section 34620) of
Division 14.85 of the Vehicle Code.
(e) Transportation by means of aircraft,
watercraft, drone, rail, human-powered vehicle, or unstaffed vehicle is
prohibited.
(f) Cannabis and
cannabis products shall only be transported inside of a vehicle or trailer and
shall not be visible or identifiable from outside of the vehicle or
trailer.
(g) Cannabis and cannabis
products shall be transported in a fully enclosed, windowless, locked trailer
or trunk that cannot be accessed from inside the vehicle, or in a secured area
or compartment within the interior of the vehicle. A "secured area" is defined
as an area where solid or locking metal partitions, cages, or high-strength
shatterproof acrylic can be used to create a secure compartment in the fully
enclosed vehicle. The secured area may be comprised on three sides of any part
of the body of the vehicle, provided the parts of the vehicle used for the
purposes of this section are shatterproof and are not made of glass.
(h) While left unattended, vehicles and
trailers shall be locked and secured.
(i) A licensed distributor shall not leave a
vehicle or trailer containing cannabis and cannabis products unattended in a
residential area or parked overnight in a residential area.
(j) At a minimum, a licensed distributor
shall have a vehicle alarm system on all transport vehicles and trailers.
Motion detectors, pressure switches, duress, panic, and hold-up alarms may also
be used.
(k) Packages or containers
holding cannabis and cannabis products shall not be tampered with, or opened,
during transport.
(l) A licensed
distributor transporting cannabis and cannabis products shall only travel
between licensees shipping or receiving cannabis and cannabis products and its
own licensed premises when engaged in the transportation of cannabis and
cannabis products. The licensed distributor may transport multiple shipments of
cannabis and cannabis products at once in accordance with applicable laws. A
licensed distributor shall not deviate from the travel requirements described
in this section, except for necessary rest, fuel, or vehicle repair
stops.
(m) Under no circumstances
may non-cannabis goods, except for cannabis accessories and licensees' branded
merchandise or promotional materials, be transported with cannabis and cannabis
products.
(n) Vehicles and trailers
transporting cannabis and cannabis products are subject to inspection by the
Department at any licensed premises or during transport at any time.
(o) Notwithstanding subsections (e) through
(g), if it is not operationally feasible to transport cannabis or cannabis
products inside of a vehicle or trailer because the licensed premises that the
cannabis or cannabis products will be transported from and the licensed
premises that will be receiving the cannabis or cannabis products are located
within the same building or on the same parcel of land, the cannabis or
cannabis products may be transported by foot, hand truck, fork lift, or other
similar means. A shipping manifest that complies with this division is required
when transporting cannabis or cannabis products pursuant to this
subsection.
(p) Notwithstanding
subsection (e), transportation of cannabis and cannabis products may be
conducted via waterway to licensees located on Catalina Island. The provisions
of this section and other sections regarding vehicle requirements also apply to
vessels used to transport cannabis and cannabis products via waterway pursuant
to this section.
Notes
2. Certificate of Compliance as to 12-8-2020 order amending former title 16, section 5311 transmitted to OAL 10-5-2021 and filed 11-15-2021 (Register 2021, No. 47).
3. Amendment or section heading and section filed 11-7-2022; operative 11-7-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 45).
Note: Authority cited: Section 26013, Business and Professions Code. Reference: Section 26070, Business and Professions Code.
2. Certificate of Compliance as to 12-8-2020 order amending former title 16, section 5311 transmitted to OAL 10-5-2021 and filed
3. Amendment or section heading and section filed 11/7/2022; operative
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