reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 1 - LICENSEES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.105 - Marihuana microbusiness license

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				  marihuana microbusiness license authorizes the marihuana microbusiness to do
				  all of the following:
(a) Cultivate not more
				  than 150 plants. Only mature marihuana plants are included in the plant count
				  in this subdivision.
(b) Process
				  and package marihuana.
(c) Sell or
				  transfer marihuana to an individual 21 years of age or older only.
(d) Transfer marihuana to a marihuana safety
				  compliance facility for testing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 1 - LICENSEES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.105a - Class A marihuana microbusiness license

Current through Vol. 24-12, July 15, 2024
Rule 5a.
(1) A
				  class A marihuana microbusiness license authorizes the class A marihuana
				  microbusiness to do all of the following:
(a)
				  Cultivate not more than 300 plants. Only mature marihuana plants are included
				  in the plant count in this subdivision.
(b) Package marihuana.
(c) Purchase marihuana concentrate and
				  marihuana-infused products from a licensed marihuana processor.
(d) Sell or transfer marihuana and marihuana
				  products to an individual 21 years of age or older only.
(e) Transfer marihuana to a marihuana safety
				  compliance facility for testing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 1 - LICENSEES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.106 - Marihuana secure transporter license

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				  marihuana secure transporter license authorizes the licensee to store and
				  transport marihuana and money associated with the purchase or sale of marihuana
				  between marihuana establishments for a fee upon request of a person with legal
				  custody of that marihuana or money. It does not authorize transport to a
				  registered qualifying patient or registered primary caregiver. If a marihuana
				  secure transporter has its primary place of business in a municipality that has
				  not adopted an ordinance under section 6 of the MRTMA, MCL 333.27956,
				  prohibiting marihuana establishments, the marihuana secure transporter may
				  travel through any municipality.
(2) A marihuana secure transporter shall
				  accurately enter all transactions, current inventory, and other information
				  into the statewide monitoring system as required in these rules.
(3) A marihuana secure transporter shall
				  comply with all of the following:
(a) Each
				  driver transporting marihuana must have a chauffeur's license issued by this
				  state.
(b) Each vehicle must be
				  operated with a 2-person crew
,
with at least 1 individual
				  remaining with the vehicle at all times during the transportation of
				  marihuana.
(c) A route plan and
				  manifest must be entered into the statewide monitoring system, and a copy must
				  be carried in the transporting vehicle and presented to a law enforcement
				  officer upon request.
(d) The
				  marihuana must be transported in 1 or more sealed containers and not be
				  accessible while in transit.
(e) A
				  secure transporting vehicle may not bear markings or other indication that it
				  is carrying marihuana or a marihuana-infused product.
(f) A secure transport vehicle may be stored
				  at a location that is not the primary place of business of the secure
				  transporter if the vehicle does not contain marihuana products and the address
				  of storage is reported to the agency.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 1 - LICENSEES UNDER THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT › Section R. 420.107 - Marihuana safety compliance facility license

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				  marihuana safety compliance facility license authorizes the marihuana safety
				  compliance facility to do all of the following without using a marihuana secure
				  transporter:
(a) Take marihuana from, test
				  marihuana for, and return marihuana to only a licensed marihuana
				  establishment.
(b) Collect a random
				  sample of marihuana at the marihuana establishment of a marihuana grower,
				  marihuana processor, marihuana retailer, marihuana microbusiness, or class A
				  marihuana microbusiness for testing.
(c) Receive marihuana from and test marihuana
				  for an individual 21 years of age or older. The marihuana safety compliance
				  facility shall keep documentation for proof of age.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 2 - LICENSEES UNDER THE MEDICAL MARIHUANA FACILITIES LICENSING ACT › Section R. 420.108 - Grower license

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) A
				  grower license authorizes the grower to grow not more than the following number
				  of marihuana plants under the indicated license class for each license the
				  grower holds in that class:
(a) Class A -" 500
				  marihuana plants.
(b) Class B -"
				  1,000 marihuana plants.
(c) Class C
				  -" 1,500 marihuana plants.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 2 - LICENSEES UNDER THE MEDICAL MARIHUANA FACILITIES LICENSING ACT › Section R. 420.109 - Processor license

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A
				  processor license authorizes the processor to purchase marihuana only from a
				  grower and sell marihuana-infused products or marihuana only to a provisioning
				  center or another processor.
(2)
				  Except as otherwise provided in section 505 of the medical marihuana facilities
				  licensing act, MCL 333.27505, and this subrule, a processor license authorizes
				  the processor to transfer marihuana only by means of a secure transporter. A
				  processor license authorizes a processor to transfer marihuana without using a
				  secure transporter to a grower or provisioning center if both of the following
				  are met:
(a) The grower or provisioning center
				  occupies the same location as the processor and the marihuana is transferred
				  using only private real property without accessing public roadways.
(b) The processor accurately enters each
				  transfer into the statewide monitoring system.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 2 - LICENSEES UNDER THE MEDICAL MARIHUANA FACILITIES LICENSING ACT › Section R. 420.110 - Secure transporter license

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) A
				  secure transporter license authorizes the licensee to store and transport
				  marihuana and money associated with the purchase or sale of marihuana between
				  marihuana facilities for a fee upon request of a person with legal custody of
				  that marihuana or money. It does not authorize transport of marihuana products
				  to a registered qualifying patient or registered primary caregiver. If a secure
				  transporter has its primary place of business in a municipality that has
				  adopted an ordinance under section 205 of the MMFLA, MCL 333.27205, authorizing
				  the marihuana facility, the secure transporter may travel through any
				  municipality.
(2) To be eligible
				  for a secure transporter license, the applicant and each investor with an
				  interest in the secure transporter may not have an interest in a grower,
				  processor, provisioning center, or safety compliance facility and may not be a
				  registered qualifying patient or registered primary caregiver.
(3) A secure transporter shall accurately
				  enter all transactions, current inventory, and other information into the
				  statewide monitoring system as required in the MMFLA, these rules, and the
				  marihuana tracking act.
(4) A
				  secure transporter shall comply with all of the following:
(a) Each driver transporting marihuana must
				  have a chauffeur's license issued by this state.
(b) Each employee who has custody of
				  marihuana or money that is related to a marihuana transaction shall not have
				  been convicted of or released from incarceration for a felony under the laws of
				  this state, any other state, or the United States within the past 5 years or
				  have been convicted of a misdemeanor involving a controlled substance within
				  the past 5 years.
(c) Each vehicle
				  must be operated with a 2-person crew with at least 1 individual remaining with
				  the vehicle at all times during the transportation of marihuana.
(d) A route plan and manifest must be entered
				  into the statewide monitoring system, and a copy must be carried in the
				  transporting vehicle and presented to a law enforcement officer upon
				  request.
(e) The marihuana must be
				  transported in 1 or more sealed containers and not be accessible while in
				  transit.
(f) A secure transporting
				  vehicle may not bear markings or other indication that it is carrying marihuana
				  or a marihuana-infused product.
(g)
				  A secure transport vehicle may be stored at a location that is not the primary
				  place of business of the secure transporter if the vehicle does not contain
				  marihuana products and the address of storage is reported to the
				  agency.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 2 - LICENSEES UNDER THE MEDICAL MARIHUANA FACILITIES LICENSING ACT › Section R. 420.111 - Provisioning center license

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) A
				  provisioning center license authorizes the purchase or transfer of marihuana
				  only from a grower or processor and sale or transfer to only a registered
				  qualifying patient or registered primary caregiver. Except as otherwise
				  provided in section 505 of the MMFLA, MCL 333.27505, and this subrule, all
				  transfers of marihuana to a provisioning center from a separate marihuana
				  facility must be by means of a secure transporter. A transfer of marihuana to a
				  provisioning center from a marihuana facility that occupies the same location
				  as the provisioning center does not require a secure transporter if the
				  marihuana is transferred to the provisioning center using only private real
				  property without accessing public roadways.
(2) A provisioning center license authorizes
				  the provisioning center to transfer marihuana to or from a safety compliance
				  facility for testing by means of a secure transporter or as provided in section
				  505 of the MMFLA, MCL 333.27505.
(3) To be eligible for a provisioning center
				  license, the applicant and each investor in the provisioning center may not
				  have an interest in a secure transporter or safety compliance
				  facility.
(4) A provisioning center
				  shall comply with all of the following:
(a)
				  Sell or transfer marihuana to a registered qualifying patient or registered
				  primary caregiver only after it has been tested and bears the label required
				  for retail sale.
(b) Accurately
				  enter all transactions, current inventory, and other information into the
				  statewide monitoring system as required in the MMFLA, these rules, and the
				  marihuana tracking act.
(c) Before
				  selling or transferring marihuana to a registered qualifying patient or to a
				  registered primary caregiver on behalf of a registered qualifying patient,
				  inquire of the statewide monitoring system to determine whether the patient
				  and, if applicable, the caregiver
,
hold a valid, current,
				  unexpired, and unrevoked registry identification card and that the sale or
				  transfer will not exceed the daily and monthly purchasing limit established by
				  the agency under the MMFLA.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 2 - LICENSEES UNDER THE MEDICAL MARIHUANA FACILITIES LICENSING ACT › Section R. 420.112 - Safety compliance facility license; exception for industrial hemp

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) In
				  addition to transfer and testing as authorized in section 203 of the MMFLA, MCL
				  333.27203, a safety compliance facility license authorizes the safety
				  compliance facility to do all of the following without using a secure
				  transporter:
(a) Take marihuana from, test
				  marihuana for, and return marihuana to only a marihuana facility.
(b) Collect a random sample of marihuana at
				  the marihuana facility of a grower, processor, or provisioning center for
				  testing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 3 - AGREEMENTS › Section R. 420.112a - Licensing, management, or other agreements

Current through Vol. 24-12, July 15, 2024
Rule 12a.
(1) A
				  licensee may contract with another party to use the other party's intellectual
				  property or for the other party to provide management or other services
				  necessary for the operation of the licensee pursuant to a licensing or
				  management agreement approved by the agency.
(2) A licensee shall submit a complete,
				  unredacted, signed copy of the licensing, management, or other agreement to the
				  agency for review and approval prior to performance under the agreement.
				  Approval by the agency indicates an agency determination that it does not
				  appear based upon the information provided that the other party meets the
				  definition of applicant.
(3) The
				  agreement must include, but is not limited to, all of the following:
(a) All payment terms between the parties.
				  Licensing agreements must also include a requirement that all payments made to
				  the other party pursuant to the licensing agreement must be made by the
				  licensee and not by any other licensee purchasing the marihuana
				  product.
(b) Terms specifically
				  naming and clearly defining any service to be performed pursuant to the
				  agreement.
(c) Terms specifically
				  requiring all business operations related to the production, sales, invoicing,
				  and payment for marihuana products sold pursuant to a licensing agreement must
				  be performed by the licensee.
(d) A
				  statement indicating that the agreement contains the entire agreement of the
				  parties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSEES › Part 3 - AGREEMENTS › Section R. 420.113 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 13. If any rule or subrule of these rules, in whole or
					 in part, is found to be invalid by a court of competent jurisdiction, such
					 decision will not affect the validity of the remaining portion of these
					 rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.202 - Adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				following codes, standards, or regulations of nationally recognized
				organizations or associations are adopted by reference in these rules:
National fire protection association (NFPA) standard 1, 2021
				  edition, entitled "Fire Code," is adopted by reference as part of these rules.
				  Copies of the adopted provisions are available for inspection and distribution
				  from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box
				  9101, Quincy, Massachusetts, 02169, telephone number 1-800-344-3555, for the
				  price of $114.50.
(b) National fire
				protection association (NFPA) standard 58, 2020 edition, entitled "Liquified
				Petroleum Gas Code
,
" is adopted by reference as part of these
				rules. Copies of the adopted provisions are available for inspection and
				distribution from the National Fire Protection Association, 1 Batterymarch
				Park, P.O. Box 9101, Quincy, Massachusetts, 02169, telephone number
				1-800-344-3555, for the price of $70.50.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.204 - Operation at same location

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				licensee that has any combination of marihuana licenses may operate separate
				marihuana businesses at the same location. For purposes of this rule, a stacked
				license is considered a single marihuana business.
(2) To operate at the same location subject
				to subrule (1) of this rule, a licensee shall meet all of the following
				requirements:
(a) The agency has authorized
				the proposed operation at the same location.
(b) The operation at the same location is not
				in violation of any local ordinances or regulations.
(c) The operation at the same location does
				not circumvent a municipal ordinance or zoning regulation that limits the
				marihuana businesses under the acts.
(d) The licensee of each marihuana business
				operating at the same location under this rule shall do all the following:
(i) Apply for and be granted separate
				marihuana licenses and pay the required fees for each marihuana
				license.
(ii) Have distinct and
				identifiable areas with designated structures that are on the same parcel or a
				contiguous parcel and specific to the marihuana license.
(iii) Have separate inventory, record
				keeping, and point of sale operations.
(iv) Post each marihuana license on the wall
				in its distinct area and as provided in these rules.
(v) Obtain any additional inspections and
				permits required for local or state building inspection, fire services, and
				public health standards.
(vi)
				Comply with the provisions in the acts and these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.205 - Equivalent licenses; operation at same location

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A person
				that holds equivalent licenses with common ownership under the acts may operate
				those equivalent licenses at the same location.
(2) To operate equivalent licenses at the
				same location, all of the following requirements must be met:
(a) The agency has authorized the proposed
				operation at the same location.
(b)
				The operation at the same location is not in violation of any local ordinances
				or regulations.
(c) The operation
				at the same location does not circumvent a municipal ordinance or zoning
				regulation that limits the marihuana businesses under the acts.
(d) The person operating the equivalent
				licenses at the same location under this rule shall do all the following:
(i) Apply for and be granted a separate state
				license and a state operating license and pay the required fees for each
				license.
(ii) Post each state
				license and state operating license on the wall in its distinct area and as
				provided in these rules.
(iii)
				Obtain any additional inspections and permits required for local or state
				building inspection, fire services, and public health standards, if
				applicable.
(iv) Comply with the
				provisions in the acts and these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.206 - Marihuana business; general requirements

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				cultivator shall not operate a marihuana business unless either of the
				following conditions is met:
(a) The
				cultivator operations are within a building that meets the security
				requirements and passes the inspections in these rules and has a building
				permit pursuant to R 420.208 and these rules.
(b) The cultivator operations are within a
				building, except that cultivation may occur in an outdoor area, if all of the
				following conditions are met:
(i) The outdoor
				area containing the cultivation of marihuana plants is contiguous with the
				building, fully enclosed by fences or barriers that ensure that the plants are
				not visible from a public place without the use of binoculars, aircraft, or
				other optical aids, and the fences are secured and comply with the applicable
				security measures in these rules, including, but not limited to, locked entries
				only accessible to authorized persons or emergency personnel.
(ii) After the marihuana is harvested, all
				drying, trimming, curing, or packaging of marihuana occurs inside the building
				meeting all the requirements under these rules.
(iii) The building meets the security
				requirements and passes the inspections in these rules and has a building
				permit pursuant to R 420.208 and these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.206a - Standard operating procedures

Current through Vol. 24-12, July 15, 2024
Rule 6a.
(1) A
				marihuana business must have up-to-date written standard operating procedures
				on site at all times.
(2) Standard
				operating procedures must be made available to the agency upon
				request.
(3) Standard operating
				procedures must detail the marihuana business operations and activities
				necessary for the marihuana business to comply with the acts and these
				rules.
(4) If the agency determines
				that any standard operating procedure contains inaccurate information or does
				not comply with these rules and safe food management guidelines, as applicable,
				the licensee may be required to correct the practice immediately and update the
				standard operating procedures within 1 business day.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.207 - Marihuana delivery; limited circumstances

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				marihuana sales location licensee may engage in the delivery of a marihuana
				product for sale or transfer to marihuana customers upon approval by the agency
				of the licensee's delivery procedures.
(2) A marihuana sales location licensed under
				the MMFLA that engages in delivery shall establish procedures as specified in
				this rule to allow an employee of the marihuana sales location to deliver a
				marihuana product to a patient at the patient's residential address.
(3) A marihuana sales location licensed under
				the MRTMA that engages in delivery shall establish procedures as specified in
				this rule to allow an employee of the marihuana sales location to deliver a
				marihuana product to an individual 21 years of age or older at a residential
				address or at the address of a designated consumption establishment provided at
				the time the order was placed.
(4)
				All of the following apply to the marihuana delivery procedures established by
				a marihuana sales location:
(a) For the
				purposes of this rule only, a marihuana sales location may accept an online
				order request of a marihuana product and payment for the order that will be
				delivered only to the physical residence of the registered qualifying patient
				as provided in this rule, or to a residential address or the address of a
				designated consumption establishment provided by an individual 21 years of age
				or older as provided in this rule.
(b) The marihuana sales location shall create
				a marihuana delivery procedure that is subject to inspection and examination
				including, but not limited to, record keeping and tracking requirements. The
				agency may publish guidelines on the required procedure.
(c) All marihuana delivery employees shall
				meet the requirements in R 420.602 and are employees
,
as defined
				in R 420.601(1)(d), of the marihuana sales location.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.207a - Contactless and limited contact transactions

Current through Vol. 24-12, July 15, 2024
Rule 7a.
(1) A
				marihuana sales location may designate an area for contactless or limited
				contact transactions unless prohibited by an ordinance adopted by the
				municipality where the marihuana sales location is located.
(2) Contactless or limited contact
				transaction include, but are not limited to the following:
(a) Curbside service.
(b) Drive through window service.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.208 - Building and fire safety

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) An
				applicant's proposed marihuana business and a licensee's marihuana business are
				subject to inspection by a state building code official, state fire official,
				or code enforcement official to confirm that no health or safety concerns are
				present.
(2) A state building code
				official, or his or her authorized designee, may conduct prelicensure and
				post-licensure inspections to ensure that applicants and licensees comply with
				the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL
				125.1501 to 125.1531; the skilled trades regulation act, 2016 PA 407, MCL
				339.5101 to 339.6133; 1967 PA 227, MCL 408.801 to 408.824; and 1976 PA 333, MCL
				338.2151 to 338.2160.
(3) An
				applicant or licensee shall not operate a marihuana business unless a permanent
				certificate of occupancy has been issued by the appropriate enforcing agency. A
				temporary certificate of occupancy may be accepted, at the discretion of the
				agency. Before a certificate of occupancy is issued, work must be completed in
				accordance with the Stille-DeRossett-Hale single state construction code act,
				1972 PA 230, MCL 125.1501 to 125.1531. An applicant or licensee shall comply
				with both of the following:
(a) An applicant
				or licensee shall obtain a building permit for any building utilized as a
				proposed marihuana business or marihuana business as provided in the acts and
				these rules. The issuance, enforcement, and inspection of building permits
				under the acts remains with the governmental entity having jurisdiction under
				the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL
				125.1501 to 125.1531.
(b) An
				applicant or licensee shall obtain a building permit for a change of occupancy
				for an existing building to be utilized as a proposed marihuana business or
				marihuana business as provided in the acts and these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.209 - Security measures; required plan; video surveillance system

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) An
				applicant for a marihuana license to operate a proposed marihuana business
				shall submit a security plan that demonstrates, at a minimum, the ability to
				meet the requirements of this rule.
(2) A licensee shall ensure that any person
				at the marihuana business, except for employees of the licensee, are escorted
				at all times by the licensee or an employee of the licensee when in the limited
				access areas and restricted access areas at the marihuana business.
(3) A licensee shall securely lock the
				marihuana business, including interior rooms as required by the agency,
				windows, and points of entry and exits, with commercial-grade, nonresidential
				door locks or other electronic or keypad access. Locks on doors that are
				required for egress must meet the requirements of NFPA 1, local fire codes, and
				the Michigan building code,
				R
				408.30401 to
				R 408.30499.
(4) A licensee shall maintain an alarm system
				at the marihuana business. Upon request, a licensee shall make available to the
				agency all information related to the alarm system, monitoring, and alarm
				activity.
(5) A licensee shall have
				a video surveillance system that, at a minimum, consists of digital or network
				video recorders, cameras capable of meeting the recording requirements in this
				rule, video monitors, digital archiving devices, and a color printer capable of
				delivering still photos.
(6) A
				licensee shall ensure the video surveillance system does all the following:
(a) Records, at a minimum, the following
				areas:
(i) Any areas where marihuana products
				are weighed, packed, stored, loaded, and unloaded for transportation, prepared,
				or moved within the marihuana business.
(ii) Limited access areas and security rooms.
				Transfers between rooms must be recorded.
(iii) Areas storing a surveillance system
				storage device with not less than 1 camera recording the access points to the
				secured surveillance recording area.
(iv) The entrances and exits to the building,
				which must be recorded from both indoor and outdoor vantage points.
(v) The areas of entrance and exit between
				marihuana businesses at the same location if applicable, including any
				transfers between marihuana businesses.
(vi) Point of sale areas where marihuana
				products are sold and displayed for sale.
(vii) Areas where marihuana or marihuana
				products are destroyed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.210 - Prohibitions

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) Except
				for designated consumption establishments or temporary marihuana events
				licensed under the MRTMA, a marihuana business must not have marihuana products
				that are not identified and recorded in the statewide monitoring system
				pursuant to these rules. A licensee shall not transfer or sell a marihuana
				product that is not identified in the statewide monitoring system pursuant to
				these rules.
(2) Except for a
				designated consumption establishment or temporary marihuana event licensed
				under the MRTMA, a marihuana business must not have any marihuana product
				without a batch number or identification tag or label pursuant to these rules.
				A licensee shall immediately tag, identify, or record as part of a batch in the
				statewide monitoring system any marihuana product as provided in these
				rules.
(3) A licensee shall not
				reassign or subsequently assign a tag to another package that has been
				associated with a package in the statewide monitoring system.
(4) A licensee shall not allow a physician to
				conduct a medical examination or issue a medical certification document at a
				marihuana business for the purpose of obtaining a registry identification
				card.
(5) A violation of these
				rules may result in sanctions or fines, or both, in accordance with the acts
				and these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.211 - Marihuana product destruction and waste management

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) A
				marihuana product that is to be destroyed or is considered waste must be
				rendered into an unusable and unrecognizable form through grinding or another
				method as determined by the agency that incorporates the marihuana product
				waste with 1 or more of the following types of non-consumable solid waste so
				that the resulting mixture is not less than 50% non-marihuana product waste:
(a) Paper waste.
(b) Plastic waste.
(c) Cardboard waste.
(d) Food waste.
(e) Grease or other compostable oil
				waste.
(f) Fermented organic matter
				or other compost activators.
(g)
				Soil.
(h) Other waste approved in
				writing by the agency.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.212 - Storage of marihuana product

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) All
				marihuana products must be stored at a marihuana business in a secured limited
				access area or restricted access area and must be identified and tracked
				consistently in the statewide monitoring system under these rules.
(2) All containers used to store marihuana
				products for transfer or sale between marihuana businesses must be clearly
				marked, labeled, or tagged, if applicable, and enclosed on all sides in secured
				containers. The secured containers must be latched or locked in a manner to
				keep all contents secured within. Each secured container must be identified and
				tracked in accordance with the acts and these rules.
(3) All chemicals or solvents must be stored
				separately from marihuana products and kept in a closed container in locked
				storage areas.
(4)
				Marihuana-infused products, edible marihuana products, or materials used in
				direct contact with the marihuana-infused products or edible marihuana
				products, must have separate storage areas from toxic or flammable
				materials.
(5) Marihuana products
				not in final packaging must be stored separately from other types of marihuana
				product in compliance with these rules.
(6) A marihuana sales location shall store
				all marihuana products for transfer or sale behind a counter or other barrier
				separated from stock rooms.
(7) A
				laboratory shall establish an adequate chain of custody and instructions for
				sample and storage requirements.
(8) A licensee shall ensure that any stock or
				storage room meets the security requirements of these rules and any other
				applicable requirements in the acts and these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.213 - Marihuana microbusiness and class A marihuana microbusiness operation

Current through Vol. 24-12, July 15, 2024
Rule 13. As applicable, a marihuana microbusiness and class A
				  marihuana microbusiness licensee shall operate the corresponding areas of a
				  marihuana microbusiness or class A marihuana microbusiness in compliance with
				  the operation requirements of a marihuana retailer, a marihuana grower, or a
				  marihuana processor as provided for in MRTMA and these rules. A marihuana
				  microbusiness and class A marihuana microbusiness, if engaging in delivery,
				  shall operate in accordance with R 420.207.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.214 - Transfer of marihuana between equivalent licenses

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) The
				agency may authorize licensees who hold equivalent licenses under the MRTMA
				with common ownership to transfer marihuana product between the inventory of
				their marihuana facility and the inventory of their marihuana
				establishment.
(2) The following
				licensees who hold the following equivalent licenses with common ownership may
				accept the transfer of medical marihuana product under subrule (1) of this
				rule:
(a) Class A marihuana
				growers.
(b) Class B marihuana
				growers.
(c) Class C marihuana
				growers.
(d) Marihuana
				processors.
(e) Marihuana
				retailers.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.214a - Internal analytical testing

Current through Vol. 24-12, July 15, 2024
Rule 14a.
(1) A
				licensee may designate a space to perform internal analytical testing on
				marihuana or a marihuana product grown or produced by the marihuana business,
				if all of the following are met:
(a) The
				designated internal analytical testing space is fully partitioned from all
				other licensed activities at the marihuana business.
(b) The designated internal analytical
				testing space complies with all of the requirements of R 420.209.
(c) If a licensee with a designated space for
				internal analytical testing is co-located with another licensee, product from
				only 1 license may be in the designated space at a time.
(d) Internal analytical testing may be
				performed only on a product grown, harvested, or processed by licensees under
				common ownership.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.214b - Adverse reactions

Current through Vol. 24-12, July 15, 2024
Rule 14b.
(1) A
				licensee shall notify the agency within 1 business day of becoming aware or
				within 1 business day of when the licensee should have been aware of any
				adverse reactions to a marihuana product sold or transferred by any
				licensee.
(2) A licensee shall
				enter into the statewide monitoring system within 1 business day of becoming
				aware of or within 1 business day of when the licensee should have been aware
				of any adverse reactions to a marihuana product sold or transferred by any
				licensee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.214c - Product returns

Current through Vol. 24-12, July 15, 2024
Rule 14c.
(1) A
				marihuana sales location may accept the return of marihuana product that is
				reported to have caused an adverse reaction or is determined to be
				defective.
(2) A marihuana sales
				location must have a written policy for the return of marihuana product that
				contains, at a minimum, the following:
(a)
				Product returned to a marihuana sales location must be tracked consistently in
				the statewide monitoring system as waste in compliance with R
				420.211.
(b) Product returned to a
				marihuana sales location must be destroyed in compliance with R 420.211 within
				90 calendar days of when the marihuana business became aware of the fact that
				the product must be destroyed.
(c)
				Product returned to a marihuana sales location cannot be re-sold, re-packaged,
				or otherwise transferred to a customer or another marihuana business.
(d) Product returned to a marihuana sales
				location is prohibited from being returned to the marihuana sales location by
				way of a delivery driver.
(e) A
				marihuana sales location that does not comply with these rules may be subject
				to disciplinary proceedings.
(f) A
				marihuana retailer may return a marihuana product that is past its expiration
				date to the marihuana processor who produced the marihuana product for
				destruction instead of destroying the marihuana product.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA OPERATIONS › Section R. 420.215 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 15. If any rule or subrule of these rules, in whole or
				  in part, is found to be invalid by a court of competent jurisdiction, such
				  decision will not affect the validity of the remaining portion of these
				  rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SAMPLING AND TESTING › Section R. 420.302 - Adoption by reference

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				following codes, standards, or regulations of nationally recognized
				organizations or associations are adopted by reference in these rules:
(a) AOAC International Official Methods of
				Analysis, 21st edition. Copies of the adopted
				provisions are available for inspection and distribution from the Association
				of Official Analytical Collaboration (AOAC) International, 2275 Research
				Boulevard, Suite 300, Rockville, Maryland, 20850, telephone number
				1-800-379-2622, for the price of $870.00.
(b) National fire protection association
				(NFPA) standard 1, 2021 edition, entitled "Fire Code," is adopted by reference
				as part of these rules. Copies of the adopted provisions are available for
				inspection and distribution from the National Fire Protection Association, 1
				Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts, 02169, telephone
				number 1-800-344-3555, for the price of $114.50.
(c) The International Organization for
				Standardization (ISO), ISO 22000 / ISO/TS 220021:2009, Food Safety Bundle,
				available for purchase at:
https://webstore.ansi.org/Standards/ISO/ISO22000TS22002FoodSafety
,
				for the price of $275.00.
(d)
				International Organization for Standardization (ISO), ISO/IEC 17025:2017,
				General Requirements for the Competence of Testing and Calibration
				Laboratories, available at:
https://webstore.ansi.org/RecordDetail.aspx?sku=ISO%2fIEC+17025%3a2017
,
				for the price of $162.00.
(e)
				International Organization for Standards (IS0), ISO/IEC 17065:2012, Conformity
				Assessment -" Requirements for Bodies Certifying Products, Processes and
				Services, available at:
https://webstore.ansi.org/Standards/ISO/ISOIEC170652012
,
				for the price of $175.00.
(f)
				International Organization for Standards (IS0), ISO/IEC 17043:2010, Conformity
				Assessment -" General Requirements for Proficiency Testing, available at:
https://webstore.ansi.org/Standards/ISO/ISOIEC170432010
,
				for the price of $200.00.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SAMPLING AND TESTING › Section R. 420.303a - Producer and sales location packaging and testing requirements

Current through Vol. 24-12, July 15, 2024
Rule 3a.
(1) A
				producer shall give a marihuana product a new package tag anytime the marihuana
				product changes form or is incorporated into a different product.
(2) A producer of a marihuana product in its
				final form shall have the sample tested pursuant to R 420.304 and R 420.305.
				The producer shall quarantine products from all other products when the product
				has test results pending. The producer shall not transfer or sell a marihuana
				product to a marihuana sales location until after test results entered into the
				statewide monitoring system indicate a passed result for all required safety
				tests. Nothing in this subsection prohibits a producer from transferring or
				selling a package in accordance with the remediation protocol provided by the
				agency and these rules.
(3) A
				marihuana sales location may sell or transfer a marihuana product only to a
				marihuana customer under both of the following conditions:
(a) The marihuana product has received
				passing results for all required safety tests in the statewide monitoring
				system.
(b) The marihuana product
				bears the label required under the acts and these rules for retail sale.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SAMPLING AND TESTING › Section R. 420.304 - Sampling; testing

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				laboratory shall test samples as provided in the acts and these
				rules.
(2) A laboratory shall
				collect samples of a marihuana product from another marihuana business, and
				that marihuana business shall not interfere or prevent the laboratory from
				complying with all of the following requirements:
(a) The laboratory shall physically collect
				the sample of the marihuana product from another marihuana business to be
				tested at the laboratory. A laboratory shall comply with all the following:
(i) The laboratory shall ensure that samples
				of the marihuana product are identified in the statewide monitoring system and
				placed in secured, sealed containers that bear the labeling required under
				these rules.
(ii) The route plan
				and manifest must be entered into the statewide monitoring system, and a copy
				must be carried in the transporting vehicle and presented to a law enforcement
				officer upon request.
(iii) The
				marihuana must be transported in 1 or more sealed containers and not be
				accessible while in transit.
(iv)
				The vehicle a laboratory is using to transport samples of marihuana product
				must not bear markings or other indication that it is carrying marihuana or a
				marihuana-infused product.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SAMPLING AND TESTING › Section R. 420.305a - Validations

Current through Vol. 24-12, July 15, 2024
Rule 5a.
(1) All
				validations must be submitted to the agency for approval with an acceptable
				proficiency test that meets the standards in R 420.305(14), where all required
				analytes are shown to have passed.
(2) Laboratories shall use microbial testing
				methodologies for the required safety tests in R 420.305 that are sourced from
				published peer reviewed methods, have been validated for cannabis testing by an
				independent third party, and have been internally verified by the licensed
				laboratory according to Appendix J of Official Methods of Analysis authored by
				the Association of Official Analytical Collaboration (AOAC) International, with
				guidance from published cannabis standard method performance requirements where
				available. In the absence of published, peer reviewed, validated cannabis
				methods, Appendix J of Official Methods of Analysis authored by the Association
				of Official Analytical Collaboration must be met in full with guidance from the
				cannabis standard method performance requirements where available. The agency
				shall approve the validated methodology used by the laboratory and confirm that
				it produces scientifically accurate results for each safety test it conducts.
				The agency may monitor a laboratory's microbial methodologies on an ongoing
				basis. All of the following apply to validated methodologies under this rule:
(a) All validations must be submitted to the
				agency for approval with an acceptable and graded external proficiency test by
				a third party, where all required analytes are shown to have passed.
(b) Validation protocols should perform
				inoculation of marihuana matrices with live organisms where feasible to ensure
				that both extraction and detection for the assay are tested. To further test
				the accuracy of the assay, probability of detection (POD) analyses,
				inclusivity, exclusivity, lot-to-lot stability, and robustness studies must be
				included in the validation studies.
(c) Methods adopted from a matrix specific
				standard method, inclusivity and exclusivity do not require a comprehensive
				reassessment, provided that there were no modifications to the methods,
				including, but not limited to, all of the following:
(i) Referenced media.
(ii) Primers.
(iii) Probes.
(iv) Antibodies.
(v) Critical chemistries that were not
				modified.
(d) Microbial
				methods must include environmental monitoring and quality control of all
				buffers, media, primers, and incubators.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SAMPLING AND TESTING › Section R. 420.305b - Quality assurance and quality control

Current through Vol. 24-12, July 15, 2024
Rule 5b.
(1) A
				laboratory must have a procedure for monitoring the validity of
				results.
(2) This monitoring must
				occur on an ongoing basis and be reviewed by the laboratory manager. The
				monitoring must include all of the following:
(a) Use of reference materials or quality
				control materials.
(b) A functional
				check or checks of measuring and testing equipment.
(c) Use of working standards and verification
				with control charts, where applicable.
(d) Intermediate checks on measuring
				equipment.
(e) Review of reported
				results.
(f) Intra-laboratory
				comparisons, which involve proficiency testing.