Current through Register Vol. 24-18, September 15, 2024
(1) A
transportation license allows the licensee to physically transport or deliver
cannabis, cannabis concentrates, and cannabis-infused products between licensed
cannabis businesses within Washington state. The application fee for the
transportation license is $250 and the annual fee is $1,300.
(2) Applicants for the transportation license
must submit the following information:
(a)
Personal/criminal history forms for all true parties of interest (see WAC
314-55-035);
The criminal history background check will consist of
completion of a personal/criminal history form provided by the LCB and
submission of fingerprints to a vendor approved by the LCB. The applicant will
be responsible for paying all fees required by the vendor for fingerprinting.
These fingerprints will be submitted to the Washington state patrol and the
Federal Bureau of Investigation for comparison to their criminal records. The
applicant will be responsible for paying all fees required by the Washington
state patrol and the Federal Bureau of Investigation.
(b) Documents showing the right to the
physical location to be licensed (purchase and sale agreement or lease in the
name of the applicant);
(c) Copies
of the current UTC common carrier permits. All vehicles and trailers must also
be permitted by UTC as common carriers;
(d) Corporate information form or limited
liability information form as applicable;
(e) Proof of insurance.
(i) Licensees shall provide insurance
coverage as set out in this section. The intent of the required insurance is to
protect the consumer should there be any claims, suits, actions, costs, damages
or expenses arising from any negligent or intentional act or omission of the
licensees. Licensees shall furnish evidence in the form of a certificate of
insurance satisfactory to the LCB that insurance, in the following kinds and
minimum amounts, has been secured. Failure to provide proof of insurance, as
required, may result in license cancellation.
(ii) Commercial general liability insurance:
The licensee shall at all times carry and maintain commercial general liability
insurance and if necessary, commercial umbrella insurance for bodily injury and
property damage arising out of licensed activities. This insurance shall cover
such claims as may be caused by any act, omission, or negligence of the
licensee or its officers, agents, representatives, assigns, or servants. The
insurance shall also cover bodily injury, including disease, illness and death,
and property damage arising out of the licensee's premises/operations,
products, and personal injury. The limits of liability insurance shall not be
less than $1,000,000.
(iii)
Insurance carrier rating: The insurance required in (e)(i) of this subsection
shall be issued by an insurance company authorized to do business within the
state of Washington. Insurance must be placed with a carrier that has a rating
of A - Class VII or better in the most recently published edition of
Best's Reports. If an insurer is not admitted, all insurance
policies and procedures for issuing the insurance policies must comply with
chapters 48.15 RCW and 284-15 WAC.
(iv) Additional insured. The state and its
employees, agents, and volunteers shall be named as an additional insured on
all general liability, umbrella, and excess insurance policies. All policies
shall be primary over any other valid and collectable insurance.
(3)
Transport
manifest. A complete printed transport manifest on a form provided by
the LCB containing all information required by the LCB must be kept with the
product at all times.
(4)
Records of transportation. Records of all transportation must be
kept for a minimum of three years at the licensee's location and are subject to
inspection if requested by an employee of the LCB or local law enforcement:
(a) Copies of transportation manifests for
all deliveries;
(b) A
transportation log documenting the chain of custody for each delivery to
include driver(s) and vehicle(s) associated with each delivery;
(c) Bank statements and canceled checks for
any accounts relating to the licensed business;
(d) Accounting and tax records related to the
licensed business;
(e) Records of
all financial transactions related to the licensed business, including
invoices, contracts and/or agreements for services performed or received that
relate to the licensed business;
(f) All employee records, to include
training.
(5)
Transportation of product. Cannabis or cannabis products that are
being transported must meet the following requirements:
(a) Only the transportation licensee or an
employee of the transportation licensee who is at least 21 years of age may
transport product. All drivers must carry a valid Washington driver's license
with the proper endorsements when operating a vehicle in the transportation of
product. All passengers in the vehicle transporting cannabis or cannabis
products must be employees of the transportation licensee who are at least 21
years of age;
(b) Cannabis or
cannabis products must be in a sealed package or container approved by the LCB
pursuant to WAC 314-55-105;
(c)
Sealed packages or containers cannot be opened during transport;
(d) Cannabis or cannabis products must be in
a locked, safe and secure storage compartment that is secured to the inside
body/compartment of the vehicle transporting the cannabis or cannabis
products;
(e) Any vehicle
transporting cannabis or cannabis products must be delivered or returned to the
shipper within 48 hours from the time of pickup;
(f) Live plants may be transported in a fully
enclosed, window-less locked trailer, or in a secured area within the inside
body/ compartment of a van or box truck. A secured area is defined as an area
where solid or locking metal petitions, cages, or high strength shatterproof
acrylic can be used to create a secure compartment in the fully enclosed van or
box truck. The secure compartment in the fully enclosed van or box truck must
be free of windows. Live plants may not be transported in the bed of a pickup
truck, a sports utility vehicle, or passenger car.
(6) For purposes of this chapter, any vehicle
assigned for the purposes of transporting cannabis, useable cannabis, cannabis
concentrates, or cannabis-infused products shall be considered an extension of
the licensed premises and subject to inspection by enforcement officers of the
LCB. Vehicles assigned for transportation may be stopped and inspected by a LCB
enforcement officer at any licensed location, or while en route during
transportation.
