Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 1 - Adult Use Marijuana Program Rule › Section 691-1-4 - Tracking, Transportation and Authorized Transfers

Current through 2024-29, July 17, 2024
4.1 - General Tracking Requirements
In addition to any requirements specific to tracking within
				  each license type, all licensees of cannabis establishments must meet minimum
				  requirements.
A. Cannabis establishment
				licensees must track, using the inventory tracking system specified by the
				Department, cannabis, cannabis concentrates and cannabis products from immature
				plant to point of sale.
B. In
				addition to any tracking requirements specific to license type, a licensee must
				record the following data in the tracking system as applicable:
(1) A complete inventory of all seeds,
				seedlings, immature cannabis plants, mother plants and mature cannabis plants,
				cannabis, cannabis concentrate and cannabis products in the possession, control
				or ownership of the licensee;
(2)
				Any changes to the cannabis establishment's inventory of any
				cannabis;
(3) When plants are
				partially or fully harvested or destroyed;
(4) When harvest batches of cannabis trim or
				kief are combined into a single production batch;
(5) When cannabis waste is
				destroyed;
(6) When an authorized
				transfer occurs;
(7) Any theft of
				cannabis;
(8) All sales
				records;
(9) All mandatory testing
				results; and
(10) Other information
				required by the tracking system or specified by the Department.
4.1.1
Implementation and
				Administration of Tracking System.
A.
				Unless excused by the Department, in writing, a cannabis establishment must
				have an inventory tracking system account activated and functional prior to
				operating or exercising any privileges of a license. The licensee shall keep
				and maintain comprehensive records to ensure adequate inventory tracking of any
				cannabis, cannabis concentrates and cannabis products during the period the
				licensee is not otherwise using the inventory tracking system.
B. Licensees may not enter any inventory into
				the inventory tracking system until the licensee receives from the Department
				an active license to conduct authorized activities.
C. Each licensee must designate one
				individual identification cardholder as an inventory tracking system
				administrator.
D. In order to
				obtain an inventory tracking system administrator account, a licensee or its
				designee must attend and successfully complete all required inventory tracking
				system training. A licensee may apply for an account and training once they
				receive a conditional license from the Department.
E. The Department may also require additional
				ongoing, continuing education for the inventory tracking system administrator
				to retain his or her inventory tracking system administrator account.
F. Each licensee is responsible for all costs
				associated with its use of the tracking system and any associated vendor
				fees.
G. A cannabis establishment
				may designate additional employees or staff who are individual identification
				cardholders as inventory tracking system users. The establishment shall ensure
				that all individuals who are granted inventory tracking system user account
				access for the purposes of conducting inventory tracking functions in the
				system are trained by inventory tracking system administrators in the proper
				and lawful use of the inventory tracking system.
4.1.2
General Inventory Tracking System
				Use.
A. All inventory tracking
				activities at a cannabis establishment licensee must be tracked through use of
				the inventory tracking system. A licensee must reconcile all on-premises and
				in-transit cannabis, cannabis concentrates and cannabis product inventories,
				and sales records, including sales conducted by delivery, each day in the
				inventory tracking system by 11:59 p.m. that same day.
B. A cannabis establishment must utilize a
				standard of weights and measures that is supported by the inventory tracking
				system to track all cannabis, concentrate and cannabis product. A scale used to
				weigh product prior to entry into the inventory tracking system shall be
				certified in accordance with 10 MRS, chapter 501.
C. A licensee shall maintain the security of
				the inventory tracking system, as follows:
(1)
				A cannabis establishment licensee must train and authorize any new inventory
				tracking system users before they may access inventory tracking system or
				input, modify or delete any information in the inventory tracking
				system.
(2) A cannabis
				establishment licensee must cancel any inventory tracking system administrators
				and inventory tracking system users from their associated inventory tracking
				system accounts once any such individuals are no longer employed by the
				licensee or at the licensed premises.
(3) A cannabis establishment licensee is
				accountable for all actions employees take while logged into the inventory
				tracking system or otherwise conducting cannabis, cannabis concentrates and
				cannabis product inventory tracking activities.
(4) Each individual user is also accountable
				for all of his or her actions while logged into the inventory tracking system
				or otherwise conducting cannabis, cannabis concentrates or cannabis product
				inventory tracking activities, and shall maintain compliance with all relevant
				laws.
(5) Each individual user
				shall only log activities in the inventory tracking system under the user's own
				unique inventory tracking system user account.
D. A cannabis establishment may use separate
				software applications to collect information to be used by the business,
				including secondary inventory tracking or point of sale systems.
(1) A licensee must ensure that all relevant
				inventory tracking system data is accurately transferred to and from the
				inventory tracking system for the purposes of reconciliations with any
				secondary systems.
(2) A cannabis
				establishment must preserve original inventory tracking system data when
				transferred to and from a secondary application(s). Secondary software
				applications must use the inventory tracking system data as the primary source
				of data and must be compatible with updating to the inventory tracking
				system.
4.1.3
Conduct While Using Inventory Tracking System.
A. A cannabis establishment and its
				designated inventory tracking system administrator(s) and inventory tracking
				system user(s) shall enter data into the inventory tracking system that fully
				and transparently accounts for all inventory tracking activities and authorized
				transfers. Both the cannabis establishment and the individuals using the
				inventory tracking system are responsible for the accuracy of all information
				entered into the inventory tracking system. Any misstatements or omissions may
				be considered a major license violation affecting public safety.
B. Individuals entering data into the
				inventory tracking system shall only use that individual's inventory tracking
				system account.
4.1.4
Procedures for Inventory Tracking System Temporary Outages.
If at
				any point a cannabis establishment loses access to the inventory tracking
				system for any reason:
A. The cannabis
				establishment shall immediately notify the Department and shall keep and
				maintain comprehensive records detailing all cannabis, cannabis concentrates
				and cannabis product tracking inventory activities that were conducted during
				the loss of access;
B. Once access
				is restored, all cannabis, cannabis concentrates and cannabis product inventory
				tracking activities that occurred during the loss of access must be entered
				into the inventory tracking system and the Department shall be notified that
				access has been restored;
C. A
				cannabis establishment must document when access to the system was lost, the
				cause of system loss and when it was restored; and
D. Unless permitted in writing by the
				Department, a cannabis establishment shall not transport or receive any
				cannabis, or cannabis product to or from another cannabis establishment until
				such time as access is restored and all information is recorded into the
				inventory tracking system.
In the event of a statewide or regional outage of the
				  Department's inventory tracking system that is expected to last more than 24
				  hours, the Department will promptly notify licensees of such outage and any
				  interim recordkeeping procedures or requirements for the duration of the
				  outage.
4.1.5
System Notifications.
A. A
				cannabis establishment must monitor all compliance notifications from the
				inventory tracking system. The licensee must resolve the issues detailed in the
				compliance notification in a timely fashion. Compliance notifications shall not
				be dismissed in the inventory tracking system until the cannabis establishment
				resolves the compliance issues detailed in the notification.
B. A cannabis establishment must take
				appropriate action in response to informational notifications received through
				the inventory tracking system including but not limited to notifications
				related to enforcement alerts and other pertinent information.
4.1.6
Lawful Activity
				Required
. Proper use of the inventory tracking system does not relieve a
				licensee of its responsibility to maintain compliance with all laws, rules and
				other requirements at all times.
4.1.7
Inventory Tracking System
				Procedures Must Be Followed.
A cannabis establishment must utilize the
				inventory tracking system in conformance with this rule and inventory tracking
				system procedures, including but not limited to:
A. Properly indicating the creation of a
				harvest batch or production batch including the assigned harvest batch or
				production batch number;
B.
				Accurately identifying the cultivation rooms where each plant is located on the
				licensed premises;
C. Accurately
				identifying when inventory is no longer on the licensed premises or is part of
				an authorized transfer;
D. Properly
				indicating that a test batch is being used as part of achieving process
				validation;
E. Accurately recording
				all remediation steps taken to remediate any batches of cannabis or cannabis
				products that fail mandatory testing;
F. Properly indicate test results from a
				cannabis testing facility, as applicable;
G. Accurately indicating the inventory
				tracking system item category for all cannabis and cannabis products;
H. Accurately recording, as applicable, the
				actual wholesale or retail price of all cannabis and cannabis products sold or
				otherwise transferred; and
I.
				Accurately including a note explaining the reason for any destruction of
				cannabis and/or cannabis products, and reason for any adjustment of weights to
				inventory tracking system packages.