Until last year, licensed marijuana growers, processors and retailers had to transport their own marijuana product from the grow facility to the processing facility and to the retail store. At the end of 2016, the Washington State Liquor and Cannabis Board (the “LCB”) began issuing Transportation Licenses that now allow licensed third parties to transport marijuana, marijuana concentrates and marijuana infused products between licensed marijuana businesses in Washington State. Approximately 40 transportation licenses have been issued to date.
Applicants for transportation licenses must submit the following:
- Criminal history background check materials;
- Documents showing the right to the physical location to be licensed (purchase and sale agreement or lease);
- Copies of the current UTC common carrier permits;
- Corporate information form or limited liability information form as applicable; and
- Proof of insurance.
The LCB has specific record keeping requirements for marijuana transportation. Upon transporting any marijuana or marijuana product, a licensee or testing lab must notify the LCB of the following: the type and amount and/or weight of marijuana and/or marijuana products being transported, the name of transporter, information about the transporting vehicle, times of departure and expected delivery.
Upon receiving the shipment, the licensee or lab receiving the product must report the amount and/or weight of marijuana and/or marijuana products received. A complete printed transport manifest on a form provided by the LCB must be kept with the product at all times.
Other requirements for the transportation licensee include:
- All drivers must be at least twenty-one years of age and must carry a valid Washington driver’s license;
- Marijuana or marijuana products must be in a sealed package or container approved by the LCB;
- Sealed packages or containers cannot be opened during transport;
- Marijuana or marijuana products must be in a locked, safe and secure storage compartment that is secured to the inside of the vehicle;
- Any vehicle transporting marijuana or marijuana products must be delivered or returned to the shipper within forty-eight hours from the time of pickup; and
- Live plants may be transported in a fully enclosed, windowless locked trailer, or in a secured area within the inside body/compartment of a van or box truck. Live plants may not be transported in the bed of a pickup truck, a sports utility vehicle, or passenger car.
Those interested in a marijuana transportation license can file an application online here. It is critical for transportation license applicants to understand that marijuana cannot be transported outside of Washington State. Thus, in addition to complying with the above requirements, a transportation licensee will need to have operating procedures in place to ensure that their drivers do not cross state or U.S. borders.
For more information on the regulation of marijuana businesses in Washington State, please contact Heather Wolf.