Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA EMPLOYEES › Section R. 420.602 - Employees; requirements

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A
				licensee shall conduct a criminal history background check on any prospective
				employee before hiring that individual. A licensee shall keep records of the
				results of the criminal history background checks for the duration of the
				employee's employment with the licensee. A licensee shall record confirmation
				of criminal history background checks and make the confirmation available for
				inspection upon request by the agency.
(2) A licensee shall comply with all of the
				following:
(a) Have a policy in place that
				requires employees to report any new or pending criminal charges or
				convictions. If an employee is charged with or convicted of a controlled
				substance-related felony or any other felony, the licensee shall immediately
				report the charge or conviction to the agency. If an employee of a licensee
				under the MRTMA is convicted of an offense involving distribution of a
				controlled substance to a minor, the licensee shall immediately report the
				conviction to the agency.
(b) Enter
				in the statewide monitoring system an employee's information and level of
				statewide monitoring system access within 7 business days of hiring for the
				system to assign an employee identification number. The licensee shall update
				in the statewide monitoring system employee information and changes in status
				or access within 7 business days.
(c) Remove an employee's access and
				permissions to the marihuana business and the statewide monitoring system
				within 7 business days after the employee's employment with the licensee is
				terminated.
(d) Train employees in
				accordance with an employee training manual. Copies of this manual must be
				maintained and be made available to the agency upon request. The employee
				training manual must include, but is not limited to, all of the following:
(i) Employee safety procedures.
(ii) Employee guidelines.
(iii) Security protocol.
(iv) Educational training, including, but not
				limited to, marihuana product information; dosage and purchasing limits, if
				applicable; and educational materials.
(e) A marihuana business under the MRTMA that
				sells or transfers marihuana to an individual 21 years of age or older shall
				include in the employee training manual a responsible operations plan. Copies
				of this plan must be maintained and be available to the agency upon request. A
				responsible operations plan must include a detailed explanation of how
				employees will monitor and prevent all of the following:
(i) Over-intoxication.
(ii) Underage access to the
				establishment.
(iii) The illegal
				sale or distribution of marihuana or marihuana products within the
				establishment.
(iv) Any potential
				criminal activity on the premises, as applicable.
(f) Establish point of sale or transfer
				procedures for employees at marihuana sales locations performing any transfers
				or sales to marihuana customers. Copies of these procedures must be maintained
				and be made available to the agency upon request. The point of sale or transfer
				procedures must include, but are not limited to, all of the following:
(i) Training in dosage.
(ii) Marihuana product information.
(iii) Health or educational
				materials.
(iv) Point of sale
				training.
(v) Purchasing
				limits.
(vi) Cannabidiol (CBD) and
				tetrahydrocannabinol (THC) information.
(vii) Serving size.
(viii) Consumption information, including any
				warnings.
(g) Screen
				prospective employees against a list of excluded employees maintained by the
				agency in accordance with R 420.808a(6).
(h) Ensure that employees handle marihuana
				product in compliance with Current Good Manufacturing Practice, Hazard
				Analysis, and Risk Based Preventative Controls for Human Food, 21 CFR part 117,
				as specified in these rules.
(i)
				When a registered primary caregiver is hired as an employee of a grower,
				processor, or secure transporter licensed under the MMFLA, ensure the
				individual withdraws the individual's registration as a registered primary
				caregiver in a manner established by the agency.
(j) A licensee under the MRMTA shall not
				allow a person under 21 years of age to volunteer or work for the marihuana
				establishment pursuant to section 11 of the MRTMA, MCL 333.27961.
(k) A licensee under the MRTMA shall not
				employ any individual who has been convicted of an offense involving
				distribution of a controlled substance to a minor.