California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 3 - Retailers › Section 15417 - Delivery Vehicle Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				licensed retailer's delivery employee, carrying cannabis goods for delivery,
				shall only travel in an enclosed motor vehicle. Any vehicle used in the
				delivery of cannabis goods shall be operated by a delivery employee of the
				licensee. A vehicle used in the delivery of cannabis goods shall not have any
				marking or other indications on the exterior of the vehicle that may indicate
				that the delivery employee is carrying cannabis goods for delivery. Only the
				licensee or an employee of the retailer licensee for whom delivery is being
				performed shall be in the delivery vehicle.
(b) While carrying cannabis goods for
				delivery, a licensed retailer's delivery employee shall ensure the cannabis
				goods are not visible to the public. Cannabis goods shall be stored in a
				secure, fully enclosed 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 by 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.
(c) A licensed retailer's
				delivery employee shall not leave cannabis goods in an unattended motor vehicle
				unless the motor vehicle is locked and equipped with an active vehicle alarm
				system. Any cannabis goods left in an unattended vehicle must be stored in a
				container as required in subsection (b).
(d) A vehicle used for the delivery of
				cannabis goods shall be outfitted with a dedicated Global Positioning System
				(GPS) device for identifying the geographic location of the delivery vehicle
				and recording a history of all locations traveled to by the delivery employee
				while engaged in delivery. A dedicated GPS device must be owned by the licensee
				and used for delivery only. The device shall be either permanently or
				temporarily affixed to the delivery vehicle and shall remain active and inside
				of the delivery vehicle at all times during delivery. At all times, the
				licensed retailer shall be able to identify the geographic location of all
				delivery vehicles that are making deliveries for the licensed retailer and
				document the history of all locations traveled to by a delivery employee while
				engaged in delivery. A licensed retailer shall provide this information to the
				Department upon request. The history of all locations traveled to by a delivery
				employee while engaging in delivery shall be maintained by the licensee for a
				minimum of 90 days.
(e) Upon
				request, a licensed retailer shall provide the Department with information
				regarding any motor vehicle used for the delivery of cannabis goods, including
				the vehicle's make, model, color, Vehicle Identification Number, license plate
				number and Department of Motor Vehicles registration information.
(f) Any motor vehicle used by a licensed
				retailer to deliver cannabis goods is subject to inspection by the Department.
				Vehicles used to deliver cannabis goods may be stopped and inspected by the
				Department at any licensed premises or during delivery.
1. Change
				  without regulatory effect renumbering and amending former title 16, section
				  5417 to new title 4, section
				  15417 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. Amendment of subsections (b) and
				  (c) 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: Sections
					 26070
					 and
					 26090,
					 Business and Professions Code.