Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA SALE OR TRANSFER › Section R. 420.501 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Acts" refers to the
				medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to
				333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL
				1, MCL 333.27951 to 333.27967
,
when applicable.
(b) "Administrative hold" means a status
				given to marihuana product by the agency during an investigation into alleged
				violations of the acts and these rules. This status includes no sale or
				transfer of the marihuana product until the hold is lifted.
(c) "Agency" means the marijuana regulatory
				agency.
(d) "Cultivator" means a
				grower under the medical marihuana facilities licensing act or a marihuana
				grower under the Michigan Regulation and Taxation of Marihuana Act, or
				both.
(e) "Designated consumption
				establishment" means a commercial space that is licensed by the agency and
				authorized to permit adults 21 years of age and older to consume marihuana
				products at the location indicated on the state license.
(f) "Employee" means a person performing work
				or service for compensation. "Employee" does not include individuals providing
				trade or professional services who are not normally engaged in the operation of
				a marihuana business.
(g) "Final
				form" means the form a marihuana product is in when it is available for sale by
				a marihuana sales location not including consumer packaging. For marihuana
				products intended for inhalation, final form means the marihuana concentrate in
				an e-cigarette or a vaping device.
(h)"Immature plant" means a nonflowering
				marihuana plant that is no taller than 8 inches from the growing or cultivating
				medium and no wider than 8 inches produced from a cutting, clipping, tissue
				culture, or seedling that is in a growing or cultivating medium or in a growing
				or cultivating container.
(i)
				"Internal product sample" means a sample of marijuana products that a
				cultivator, producer, or marihuana sales location transfers directly to an
				employee for the purpose of ensuring product quality and making determinations
				about whether to sell or transfer the marihuana product.
(j) "Laboratory" refers to a safety
				compliance facility under the medical marihuana facilities licensing act or a
				marihuana safety compliance facility under the Michigan Regulation and Taxation
				of Marihuana Act, or both.
(k)
				"Marihuana business" refers to a marihuana facility under the medical marihuana
				facilities licensing act or a marihuana establishment under the Michigan
				Regulation and Taxation of Marihuana Act, or both.
(l) "Marihuana customer" refers to a
				registered qualifying patient or registered primary caregiver under the medical
				marihuana facilities licensing act, or an individual 21 years of age or older
				under the Michigan Regulation and Taxation of Marihuana Act, or both.
(m) "Marihuana equivalent" means usable
				marihuana equivalent as that term is defined in section 3(o) of the Michigan
				Medical Marihuana Act, MCL 333.26423.
(n) "Marihuana establishment" means a
				location at which a licensee is licensed to operate a marihuana grower,
				marihuana safety compliance facility, marihuana processor, marihuana
				microbusiness, class A marihuana microbusiness, marihuana retailer, marihuana
				secure transporter, or any other type of marihuana related business licensed to
				operate by the agency under the Michigan Regulation and Taxation of Marihuana
				Act.
(o) "Marihuana facility" means
				a location at which a licensee is licensed to operate under the medical
				marihuana facilities licensing act.
(p) "Marihuana license" means a state
				operating license issued under the medical marihuana facilities licensing act,
				or a state license issued under the Michigan Regulation and Taxation of
				Marihuana Act, or both.
(q)
				"Marihuana product" means marihuana or a marihuana-infused product, or both, as
				those terms are defined in the acts unless otherwise provided for in these
				rules.
(r) "Marihuana sales
				location" refers to a provisioning center under the medical marihuana
				facilities licensing act, or a marihuana retailer, marihuana microbusiness, or
				class A marihuana microbusiness under the Michigan Regulation and Taxation of
				Marihuana Act, or both.
(s)
				"Marihuana tracking act" means the marihuana tracking act, 2016 PA 282, MCL
				333.27901 to 333.27904.
(t)
				"Medical marihuana facilities licensing act" or "MMFLA" means the medical
				marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to
				333.27801.
(u) "Michigan Medical
				Marihuana Act" means the Michigan Medical Marihuana Act, 2008 IL 1, MCL
				333.26421 to 333.26430.
(v)
				"Michigan Regulation and Taxation of Marihuana Act" or "MRTMA" means the
				Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to
				333.27967.
(w) "Package tag" means
				an RFID tag supplied through the statewide monitoring system for the purpose of
				identifying a package containing a marihuana product.
(x) "Plant" means that term as defined in
				section 102 of the MMFLA, MCL 333.27102, unless otherwise defined in these
				rules.
(y) "Producer" means a
				processor under the medical marihuana facilities licensing act or a marihuana
				processor under the Michigan Regulation and Taxation of Marihuana Act, or
				both.
(z) "These rules" means the
				administrative rules promulgated by the agency under the authority of the
				medical marihuana facilities licensing act, the marihuana tracking act, the
				Michigan Regulation and Taxation of Marihuana Act, and Executive Reorganization
				Order No. 2019-2, MCL 333.27001.
(aa) "Tag" or "RFID tag" means the unique
				identification number or Radio Frequency Identification (RFID) issued to a
				licensee by the statewide monitoring system for tracking, identifying, and
				verifying marihuana plants, marihuana products, and packages of marihuana
				products in the statewide monitoring system.
(bb) "Trade sample" means a sample of
				marihuana products that a cultivator or producer provides to licensees for the
				purpose of the licensee determining whether to purchase the marihuana
				product.