BUREAU OF CANNABIS CONTROL TEXT OF REGULATIONS

 

CALIFORNIA CODE OF REGULATIONS

TITLE 16

DIVISION 42. BUREAU OF CANNABIS CONTROL

 

Chapter 1. ALL BUREAU LICENSEES

Article 4. Posting and Advertising

  • 5039. License Posting Requirement.

(a) Upon issuance of any license, the licensee shall prominently show the license on the licensed premises the place it may be considered by state and native companies. If the licensed premises is open to the public, the license shall be displayed in an space that’s inside plain sight of the public.

(b) Upon issuance of any license, a retailer, whose licensed premises is open to the public, shall prominently show the Quick Response Code (QR Code) certificates issued by the Bureau in order that it may be considered and scanned from exterior of the licensed premises.

(c) The QR Code certificates displayed by a licensee as required by subsection (b) shall be posted in the entrance window of the licensed premises inside three (3) ft of any public entrance to the licensed premises, or in a locked show case mounted on the exterior wall of the licensed premises inside three (3) ft of any public entrance to the licensed premises. The QR Code certificates shall be posted in a way that’s clearly seen from exterior of the licensed premises to the public and all individuals coming into the premises.  

(d) The QR Code certificates displayed by the licensee as required by subsection (b) shall adjust to the following necessities:  

(1) The QR Code certificates shall be printed on paper, glass, steel, or different materials not lower than eight ½ inches by 11 inches.

(2) The QR Code on the certificates posted as required by this part shall not be lower than 3.75 inches by 3.75 inches.  

(3) The QR Code on the certificates shall be of enough readability that the code will be learn by a smartphone or gadget succesful of studying QR Codes from a distance of not less than three (3) ft.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26012 and 26053, Business and Professions Code.

Chapter 2. DISTRIBUTORS

  • 5311. Requirements for the Transportation of Cannabis Goods.

The following necessities apply when transporting hashish items between licensees or licensed premises:

(a) Transportation shall solely be carried out by individuals holding a distributor license below the Act, or staff of these individuals. All automobiles and trailers used for transportation shall be owned or leased, in accordance with the Vehicle Code, by the licensee.

(b) Prior to transporting any hashish items, the licensed distributor shall have a accomplished gross sales bill or receipt that meets the necessities of Business and Professions Code part 26161. The licensed distributor shall solely transport hashish items listed on the gross sales bill or receipt. The gross sales bill or receipt will not be altered or modified as soon as transport begins.

(c) A licensed distributor worker shall at all times carry a replica of the distributor’s license and a replica of the QR Code certificates issued by the Bureau whereas partaking in the transportation of hashish items. The QR Code certificates shall adjust to the necessities of part 5039, subsection (d) of this division.

(cd) All automobiles transporting hashish items for rent shall be required to have a motor service allow pursuant to Chapter 2 (commencing with Section 34620) of Division 14.85 of the Vehicle Code.

(de) Transportation by means of plane, watercraft, drone, rail, human powered car, or unmanned car is prohibited.

(ef) Cannabis items shall solely be transported inside of a car or trailer and shall not be seen or identifiable from exterior of the car or trailer.

(fg) Cannabis items shall be locked in a completely enclosed field, container, or cage that’s secured to the inside of the car or trailer. No portion of the enclosed field, container, or cage shall be comprised of any half of the physique of the car or trailer. For the functions of this part, the inside of the car consists of the trunk.

(gh) While left unattended, automobiles and trailers shall be locked and secured.

(hi) A licensed distributor shall not go away a car or trailer containing hashish items unattended in a residential space or parked in a single day in a residential space.

(ij) At a minimal, a licensed distributor shall have a car alarm system on all transport automobiles and trailers. Motion detectors, stress switches, duress, panic, and hold-up alarms might also be used.

(jokay) Packages or containers holding hashish items shall not be tampered with, or opened, throughout transport.

(okayl) A licensed distributor transporting hashish items shall solely journey between licensees transport or receiving hashish items and its personal licensed premises when engaged in the transportation of hashish items. The licensed distributor might transport a number of shipments of hashish items directly in accordance with relevant legal guidelines. A licensed distributor shall not deviate from the journey necessities described on this part, besides for crucial relaxation, gasoline, or car restore stops.

(lm) Under no circumstances might non-cannabis items, besides for hashish equipment and licensees’ branded merchandise or promotional supplies, be transported with hashish items.

(mn) Vehicles and trailers transporting hashish items are topic to inspection by the Bureau at any licensed premises or throughout transport at any time.

(no) Notwithstanding subsections (de)—(fg) of this part, if it isn’t operationally possible to move hashish items inside of a car or trailer as a result of the licensed premises that the hashish items can be transported from and the licensed premises that can be receiving the hashish items are situated inside the similar constructing or on the similar parcel of land, the hashish items could also be transported by foot, hand truck, fork raise, or different related means. A transport manifest that complies with this division is required when transporting hashish items pursuant to this subsection.

(op) Notwithstanding subsection (de) of this part, transportation of hashish items could also be carried out through waterway to licensees situated on Catalina Island. The provisions of this part and different sections concerning car necessities additionally apply to vessels used to move hashish items through waterway pursuant to this part.

Authority: Section 26013, Business and Professions Code. Reference: Section 26070, Business and Professions Code.

Chapter 3. RETAILERS

  • 5415. Delivery Employees.

(a) All deliveries of hashish items shall be carried out by a supply worker who’s straight employed by a licensed retailer.

(b) Each supply worker of a licensed retailer shall be not less than 21 years of age.

(c) All deliveries of hashish items shall be made in particular person. A supply of hashish items shall not be made by means of the use of an unmanned car.

(d) The course of of supply begins when the supply worker leaves the retailer’s licensed premises with the hashish items for supply. The course of of delivering ends when the supply worker returns to the retailer’s licensed premises after delivering the hashish items, or making an attempt to ship hashish items, to the buyer(s). During the course of of supply, the licensed retailer’s supply worker might not interact in any actions besides for hashish items supply and crucial relaxation, gasoline, or car restore stops.

(e) A supply worker of a licensed retailer shall, throughout deliveries, carry a replica of the retailer’s present license, a replica of the QR Code certificates issued by the Bureau which complies with part 5039, subsection (d) of this division, the worker’s government-issued identification, and an identification badge offered by the employer pursuant to part 5043 of this division. A supply worker shall present a replica of the retail license, a replica of the QR Code certificates, and their worker identification badge to a supply buyer upon request.

(f) Prior to offering hashish items to a supply buyer, a supply worker shall affirm the identification and age of the supply buyer as required by part 5404 of this division and make sure that all hashish items offered adjust to necessities of part 5413 of this division.

(g) A licensed retailer shall preserve an correct checklist of the retailer’s supply staff and shall present the checklist to the Bureau upon request.

Authority: Section 26013, Business and Professions Code. Reference: Sections 26070 and 26090, Business and Professions Code.

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