This is a topic that is depending on where you are located—It is on a mainstream public responsive —-line of discussion and debate!!——–

Reader Requested a full discussion of various locations with legalized marijuana—This will begin this series of topics concerning the legalization and the transportation business within this industry.

Now Understand–States might have legalized the marijuana usage-  However, Federal Law still covers as Marijuana being a schedule 1 controlled Substance-  and it is illegal to cross state lines with the “even though legal in the various states.”  So My research and discussion with each having transport certificates within the states that are legalized.  See:  can-you-transport-cannabis-between-two-legal-states

 If you petition each state, to become a licensee and you are FMCSA approved, and they being the interstate commerce mandate—they may revoke your FMCSA authority to operate in interstate commerce as a Interstate Carrier.
Because of this–You must petition each individual state to be an authorized Intrastate Carrier.    Not have interest in a FMCSA authority—and Complete separation of the Carrier and Transport companies.  After, Federal government, legalizes Marijuana, then the flow to the trucking community, will support or be allowed to transport the needs of the remaining states.   This increase will further demand capacity issues beyond what we currently see.
However, being obviously, that a few readers are interested in the industry—I am going to discuss the states rules here with the way I would pursue the industry if —it was needed…………
I do not like the fact that armoured cars are being the transport means—It is unnecessary, and does not provide the protection–just cause they have guns does not mean they are deterrents.  If someone was going to hit one–they would not be worried about the transport.  Armored cars are nothing but a giant target.  Colorado- from what I am seeing has a reasonable laws-  Washington State–I like because they do not want armoured vehicles transporting- Couriers are the best means here.  However–I do not see why they need to have giant green marijuana industry markings-
The fleet should still maintain standard visibility as a Courier Service with the symbolics to get more attention than is necessary, due to the high risk already within the industry wide footage.  I think this would lock the courier or transporter in the marijuana industry when better utilization with the business would garner other businesses needing similar services——plus, who of the Industry Business Owners have to have their transporter showcase the industry?  This is unprofessional of the transporters today.  However, you have to understand that the ones that do not approve of the industry, may use your competitor for their needs over a big green pot leaf on the side of the fleet…..Better Safe than 10yrs in and needing to expand but have to change the whole fleet–and name to persist with the expansion.  If I am buying-  that is 20% on top discount to the value!!

Washington-

WAC 314-55-310

Transportation license.

(1) A transportation license allows the licensee to physically transport or deliver marijuana, marijuana concentrates, and marijuana-infused products between licensed marijuana businesses within Washington state. The application fee for the transportation license is two hundred fifty dollars and the annual fee is one thousand dollars.
(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 WSLCB and submission of fingerprints to a vendor approved by the WSLCB. 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 WSLCB 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 one million dollars.
(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 WSLCB containing all information required by the WSLCB 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 WSLCB 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. Marijuana or marijuana 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 twenty-one 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 marijuana or marijuana products must be employees of the transportation licensee who are at least twenty-one years of age;
(b) Marijuana or marijuana products must be in a sealed package or container approved by the WSLCB pursuant to WAC 314-55-105;
(c) Sealed packages or containers cannot be opened during transport;
(d) Marijuana or marijuana products must be in a locked, safe and secure storage compartment that is secured to the inside body/compartment of the vehicle transporting the marijuana or marijuana products;
(e) Any vehicle transporting marijuana or marijuana products must be delivered or returned to the shipper within forty-eight hours from the time of pickup;
(f) 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. 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 marijuana, usable marijuana, marijuana concentrates, or marijuana-infused products shall be considered an extension of the licensed premises and subject to inspection by enforcement officers of the WSLCB. Vehicles assigned for transportation may be stopped and inspected by a WSLCB enforcement officer at any licensed location, or while en route during transportation.
[Statutory Authority: RCW 69.50.342 and 69.50.345. WSR 16-11-110, § 314-55-310, filed 5/18/16, effective 6/18/16.]
The requirements are still a million General liability– Cargo value—Needs to be at least $250k per manifest–  The vehicle could actually need Cargo Umbrella policy for additional 1 million on General liability plus 1 million in Cargo over and above.   This high value cargo is very high risk and mandates that the management personally train each operator within the organization.
Not to mention that the high value of the cargo-  1 million of complete value to building a load-  is easily obtainable based on my understanding of the transporters basic needs.
Insurance companies should access this risk different-  Although High Risk, the industry still has a very strict guidelines on the protection and necessaries of the ones who are providing the service to the industry.   I do think that the carrier who participates will find better payment, more secure float, and consistent dependability—

Oregon

 Refer to the Transportation and Delivery Section beginning with OAR 845-025-7700. All licensees should also be in compliance with Oregon Department of Transportation rules and regulations, including:

  • Motor Carrier Operating Authority: you need authority to operate in Oregon if operating a commercial vehicle with a combined weight of over 26,000 pounds, or operating vehicles less than 26,000 pounds and hauling for hire. Refer to ODOT Motor Carrier Transportation Division for operating authority requirements.
  • Vehicle Registration: Motor Carrier Transportation Division issues most commercial vehicle registration.  DMV can title commercial vehicles and register Oregon-only heavy trucks or permanent fleet vehicles weighing less than 26,000 pounds.
  • Tax Liability: Commercial vehicles with a registration weight over 26,000 pounds are subject to Weight-Mile Tax.  Fuels Tax applies to vehicles 26,000 pounds or less, which is often paid at the fuel pump.  Refer to Motor Carrier Transportation Division for tax liability information.
  • Commercial Driver’s License: A commercial driver license may be required.  Check with the DMV for CDL requirements.
  • Truck Safety:  Carriers must comply with state and federal safety regulations, including load securement requirements.

California-

California Transport discussion

Anyone who has moved at least 2 loads in California will understand my I placed the link instead of the actual laws—California is a tough transport state without the hassle of marijuana controversy.  Drive 55 top to bottom—tell me what —- The whole time in a commercial vehicle in California I hear, “I can’t drive–55”  The whole song nonstop from state line to state line —–California is one of the worst.

Based on their desires, a Type 12 license is now available through the state of California.

Colorado-

https://leg.colorado.gov/bills/hb16-1211

Quite a number of states are following these 4 primary holders of legalization –  The transport for Supplies Distributors, Retail locations, Farms, are all becoming strained from not having proper trained transportation specialists due to the Federal Requirements of the who Illegality thing—–It is still an Illegal Item——
The states are welcoming the proper authorities to the state to help these issuing states and the others with the demands of each—-
What you will start seeing is the newly legalizing states will model off of the current “mainstream” of ruling styles.  Armored, Not-Armored, No Transport seems to be the standard.  Being a Brokerage specializing in these type shipments within the state—Gives something to consider as well.  Broker would give the customer single source, while using their dedicated list of couriers.  Broker would be paid at pickup- Courier paid from broker.
Just Cannot cross state lines—-Remember —-
Being that the industry transport needs are intrastate approval- and have public oversight–and require the notification—
 Now, Understand—if you petition each state, to become a licensee and you are FMCSA approved, and they being the interstate commerce mandate—they may or could revoke your FMCSA authority to operate in interstate commerce as a Interstate Carrier.  They grant the authority, so I highly recommend—having complete separation —at the present time——
Because of this–You must petition each individual state to be an authorized Intrastate Carrier, and maintain your registration with each.  If you are in more than one state, you cannot cross state lines or this could cause a FMCSA Violation- due to the lack of authority to operate as Interstate Carrier……..
However, nothing is stopping a multiple state Intrastate carrier from moving between the legal states without transporting—-there is a few carriers in multiple intrastate authorities, without the FMCSA mandate—They have multiple jurisdictions-  Most operate below the 10k gross vehicle weight limit —-which is the minimum weight requiring FMCSA Authority.  Anyone below that Weight can operate without any authority.  Standard Couriers operating vans and automobiles, do not need authority-  They would only need approval from the client needing the commercial transport services.
Commercial drivers should look into the industry- What I think you will find is that the States, would rather utilize commercial drivers, due to the nature of the business.  The Commercial driver is more in tune to the standards of Cargo- Proper Protection- and Needs of the Industry.  These are the things we have been doing for years with the Pharmaceutical industry and Fedex Expedited–just to name a few.
I am not in an area where the rates are clearly defined.  Matter of fact my state has just legalized the medical use.  They still don’t know what and where to go from there.  However, any readers within the areas, can post rates here that the industry is standard within the states transport community—Standard Pickup-Delivery Mileage and Rate-  Along with Location-  Feel Free to post below—This is part of our industry that we will see blossoming into reality real soon.
****Question for the Readers!!
How would states guarantee service for even the medicinal requirements for the needs of the patient?—Certificating a State Licensure to Exclusive delivery of all medical patients within the state.  This way even in-state growing facilities will be able to utilize the transporter(s) for In-State Grows…….I will be placing new writings on this topic—soon.

Additional Resources:

Becoming a State Authorized Marijuana Transportation Provider

Oregon – Marijuana Transport Laws

Michigan- Marijuana Transport Laws

Washington State- Marijuana Transport Laws

Reader Request-Marijuana Transport

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