W. Va. Code R. § 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:
17.1.1. 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.;
17.1.2. A grower/processor may contract with
a third-party contractor for delivery so long as the contractor complies with
this section;
17.1.3. A
grower/processor may not transport medical cannabis to any location outside of
this state; and
17.1.4. 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:
17.2.1. Be equipped with a
secure lockbox or locking cargo area;
17.2.2. Have no markings that would either
identify or indicate that the vehicle is being used to transport medical
cannabis;
17.2.3. Be capable of
being temperature-controlled for perishable medical cannabis, as
appropriate;
17.2.4. Display
current state inspection stickers and maintain a current state vehicle
registration; and
17.2.5. 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:
17.3.1. At least one
delivery team member must remain with the vehicle at all times that the vehicle
contains medical cannabis;
17.3.2.
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;
17.3.3. 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;
17.3.4. Each delivery team member must have a
valid driver's license; and
17.3.5.
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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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 .