Section 15311 - Requirements for the Transportation of Cannabis and Cannabis ProductsThe 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.Cal. Code Regs. Tit. 4, § 15311
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.
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).