California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 2 - Distributors › Section 15311 - Requirements for the Transportation of Cannabis and Cannabis Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
1. Change
				  without regulatory effect renumbering and amending former title 16, section
				  5311 to new title 4, section
				  15311 filed 7-14-2021 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2021, No. 29). For prior history of title 16, division
				  42, see Register 2019, No. 3.
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.