§ 1151.35. Transportation of medical marijuana.

 (a)  A grower/processor may transport and deliver seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products to a medical marijuana organization or an approved laboratory in this Commonwealth in accordance with this section. The following requirements apply:

   (1)  Unless otherwise approved by the Department, a grower/processor may deliver seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products to a medical marijuana organization or an approved laboratory only between 7 a.m. and 9 p.m.

   (2)  A grower/processor may contract with a third-party contractor for delivery so long as the contractor complies with this section.

   (3)  A grower/processor may not transport seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana or medical marijuana products to any location outside of this Commonwealth.

   (4)  A grower/processor shall use a global positioning system to ensure safe, efficient delivery of the seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products to a medical marijuana organization or an approved laboratory.

 (b)  Vehicles permitted to transport seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products must:

   (1)  Be equipped with a secure lockbox or locking cargo area.

   (2)  Have no markings that would either identify or indicate that the vehicle is being used to transport seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products.

   (3)  Be capable of being temperature-controlled for perishable seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products, as appropriate.

   (4)  Display current State inspection stickers and maintain a current State vehicle registration.

   (5)  Be insured in an amount that is commercially reasonable and appropriate.

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

   (1)  At least one delivery team member shall remain with the vehicle at all times that the vehicle contains seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products.

   (2)  Each delivery team member shall have access to a secure form of communication with the grower/processor, such as a cellular telephone, at all times that the vehicle contains seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products.

   (3)  Each delivery team member shall carry an identification badge or card at all times and shall, upon demand, produce it to the Department or its authorized agents, law enforcement, or other Federal, State or local government officials if necessary to perform the government officials’ functions and duties.

   (4)  Each delivery team member shall have a valid driver’s license.

   (5)  While on duty, a delivery team member may not wear any clothing or symbols that may indicate ownership or possession of seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products.

 (d)  Seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products stored inside the transport vehicle may not be visible from the outside of the transport vehicle.

 (e)  Except as provided in subsection (h), a delivery team shall proceed in a transport vehicle from a grower/processor facility, where the seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products are loaded, directly to a medical marijuana organization facility or approved laboratory, where the seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products are unloaded, without unnecessary delays. Notwithstanding the foregoing, a transport vehicle may make stops at multiple medical marijuana organization facilities or approved laboratories, as appropriate, to deliver seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products.

 (f)  A grower/processor shall immediately report to the Department, either through a designated phone line established by the Department or by electronic communication with the Department in a manner prescribed by the Department, vehicle accidents, diversions, losses or other reportable events that occur during transport of seeds, immature medical marijuana plants, medical marijuana plants, medical marijuana and medical marijuana products.

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

 (h)  A transport vehicle is subject to inspection by the Department or its authorized agents, law enforcement, or other Federal, State or local 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 marijuana organization or approved laboratory.

Source

   The temporary provisions of this §  1151.35 amended January 13, 2017, effective January 14, 2017, expire on January 14, 2019, 47 Pa.B. 199; amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2767. Immediately preceding text appears at serial pages (385953) to (385954).

Cross References

   This section cited in 28 Pa. Code §  1151.37 (relating to transportation of seeds, immature medical marijuana plants and medical marijuana plants); and 28 Pa. Code §  1171.33 (relating to transporting samples).



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