Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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28 Pa. Code § 1161.35. Transportation of medical marijuana products.

§ 1161.35. Transportation of medical marijuana products.

 (a)  A dispensary may transport and deliver medical marijuana products to a medical marijuana organization in this Commonwealth in accordance with this section. The following apply:

   (1)  Unless otherwise approved by the Department, a dispensary may deliver medical marijuana products to a medical marijuana organization only between 7 a.m. and 9 p.m. for the purposes of transporting medical marijuana products among the permittee’s dispensary locations and returning medical marijuana products to a grower/processor.

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

   (3)  A dispensary may not transport medical marijuana products to any location outside of this Commonwealth.

   (4)  A dispensary shall use a global positioning system to ensure safe, efficient delivery of the medical marijuana products to a medical marijuana organization.

 (b)  Vehicles permitted to transport 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 medical marijuana products.

   (3)  Be capable of being temperature-controlled for perishable 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 shall 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 medical marijuana products.

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

 (d)  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 the dispensary facility, where the medical marijuana products are loaded, directly to the medical marijuana organization facility, where the medical marijuana products are unloaded, without unnecessary delays. Notwithstanding the foregoing, a transport vehicle may make stops at multiple facilities, as appropriate, to deliver medical marijuana products.

 (f)  A dispensary 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, any vehicle accidents, diversions, losses or other reportable events that occur during transport of medical marijuana products.

 (g)  A dispensary 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.

Source

   The temporary provisions of this §  1161.35 amended January 13, 2017, effective Janaury 14, 2017, expire on January 14, 2019, 47 Pa.B. 217; amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2793. Immediately preceding text appears at serial pages (385980) to (385981).



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