W. Va. Code R. § 64-110-17

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-110-17 - Transportation of medical cannabis

17.1. A grower/processor may transport and deliver medical cannabis to a medical cannabis organization or an approved laboratory in this state in accordance with this section. The following apply:

17.1.a. A grower/processor may deliver medical cannabis to a medical cannabis organization or an approved laboratory only between 7:00 a.m. and 9:00 p.m.;

17.1.b. A grower/processor may contract with a third-party contractor for delivery so long as the contractor complies with this section;

17.1.c. A grower/processor may not transport medical cannabis to any location outside of this state; and

17.1.d. A grower/processor must use a global positioning system to ensure safe, efficient delivery of the medical cannabis to a medical cannabis organization or an approved laboratory.

17.2. Vehicles permitted to transport medical cannabis must:

17.2.a. Be equipped with a secure lockbox or locking cargo area;

17.2.b. Have no markings that would either identify or indicate that the vehicle is being used to transport medical cannabis;

17.2.c. Be capable of being temperature-controlled for perishable medical cannabis, as appropriate;

17.2.d. Display current state inspection stickers and maintain a current state vehicle registration; and

17.2.e. Be insured in an amount that is commercially reasonable and appropriate.

17.3. A transport vehicle must be staffed with a delivery team consisting of at least two individuals and comply with the following:

17.3.a. At least one delivery team member must remain with the vehicle at all times that the vehicle contains medical cannabis;

17.3.b. Each delivery team member must have access to a secure form of communication with the grower/processor, such as a cellular telephone, at all times that the vehicle contains medical cannabis;

17.3.c. Each delivery team member must carry an identification badge or card at all times and must, upon demand, produce it to the bureau or its authorized agents, law enforcement, or other federal or state government officials if necessary, to perform the government officials' functions and duties;

17.3.d. Each delivery team member must have a valid driver's license; and

17.3.e. While on duty, a delivery team member may not wear any clothing or symbols that may indicate ownership or possession of medical cannabis.

17.4. Medical cannabis stored inside the transport vehicle may not be visible from the outside of the transport vehicle.

17.5. Except as provided in subsection 17.8., a delivery team shall proceed in a transport vehicle from the facility, where the medical cannabis is loaded, directly to the medical cannabis organization or approved laboratory, where the medical cannabis is unloaded, without unnecessary delays. Notwithstanding the foregoing, a transport vehicle may make stops at multiple facilities or approved laboratories, as appropriate, to deliver medical cannabis.

17.6. A grower/processor must immediately report to the bureau, either through a designated phone line established by the bureau or by electronic communication with the bureau in a manner prescribed by the bureau, vehicle accidents, diversions, losses, or other reportable events that occur during transport of medical cannabis.

17.7. A grower/processor must notify the bureau daily of its delivery schedule, including routes and delivery times, either through a designated phone line established by the bureau or by electronic communication with the bureau in a manner prescribed by the bureau.

17.8. A transport vehicle is subject to inspection by the bureau or its authorized agents, law enforcement, or other federal or state government officials if necessary, to perform the government officials' functions and duties. A transport vehicle may be stopped and inspected along its delivery route or at any medical cannabis organization or approved laboratory.

W. Va. Code R. § 64-110-17