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Michigan Legislature
Michigan Compiled Laws Complete Through PA 188 of 2022
House: Adjourned until Wednesday, August 17, 2022 1:30:00 PM
Senate: Adjourned until Wednesday, August 17, 2022 10:00:00 AM


Michigan Legislature

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Section 333.27206

MEDICAL MARIHUANA FACILITIES LICENSING ACT (EXCERPT)
Act 281 of 2016


333.27206 Rules.

Sec. 206.

  The marijuana regulatory agency shall promulgate rules and emergency rules as necessary to implement, administer, and enforce this act. The rules must ensure the safety, security, and integrity of the operation of marihuana facilities, and must include rules to do the following:
  (a) Set appropriate standards for marihuana facilities and associated equipment.
  (b) Subject to section 408, establish minimum levels of insurance that licensees must maintain.
  (c) Establish operating regulations for each category of license to ensure the health, safety, and security of the public and the integrity of marihuana facility operations.
  (d) Establish qualifications and restrictions for persons participating in or involved with operating marihuana facilities.
  (e) Establish testing standards, procedures, and requirements for marihuana sold through provisioning centers.
  (f) Provide for the levy and collection of fines for a violation of this act or rules.
  (g) Prescribe use of the statewide monitoring system to track all marihuana transfers, as provided in the marihuana tracking act and this act, and provide for a funding mechanism to support the system.
  (h) Establish quality control standards, procedures, and requirements for marihuana facilities.
  (i) Establish chain of custody standards, procedures, and requirements for marihuana facilities.
  (j) Establish standards, procedures, and requirements for waste product disposal and storage by marihuana facilities.
  (k) Establish chemical storage standards, procedures, and requirements for marihuana facilities. 
  (l) Establish standards, procedures, and requirements for securely and safely transporting marihuana between marihuana facilities.
  (m) Establish standards, procedures, and requirements for the storage of marihuana by marihuana facilities.
  (n) Establish labeling and packaging standards, procedures, and requirements for marihuana sold or transferred through provisioning centers, including, but not limited to:
  (i) A prohibition on labeling or packaging that is intended to appeal to or has the effect of appealing to minors.
  (ii) A requirement that all marihuana sold through provisioning centers include on the exterior of the marihuana packaging the following warning printed in clearly legible type and surrounded by a continuous heavy line:
  WARNING: USE BY PREGNANT OR BREASTFEEDING WOMEN, OR BY
  WOMEN PLANNING TO BECOME PREGNANT, MAY RESULT IN FETAL
  INJURY, PRETERM BIRTH, LOW BIRTH WEIGHT, OR DEVELOPMENTAL
  PROBLEMS FOR THE CHILD.
  (o) Establish daily and monthly purchasing limits at provisioning centers for registered qualifying patients and registered primary caregivers to ensure compliance with the Michigan Medical Marihuana Act.
  (p) Establish marketing and advertising restrictions for marihuana products and marihuana facilities.
  (q) Establish maximum tetrahydrocannabinol levels for marihuana-infused products sold or transferred through provisioning centers.
  (r) Establish health standards to ensure the safe preparation of products containing marihuana that are intended for human consumption in a manner other than smoke inhalation.
  (s) Establish restrictions on edible marihuana-infused products to prohibit shapes that would appeal to minors.
  (t) Establish standards, procedures, and requirements for the sale of industrial hemp from a provisioning center to a registered qualified patient. The rules promulgated under this subdivision must be promulgated before March 1, 2019.
  (u) Establish informational pamphlet standards for provisioning centers including, but not limited to, a requirement to make available to every patron at the time of sale a pamphlet measuring 3.5 inches by 5 inches that includes safety information related to marihuana use by minors and the poison control hotline number.
  (v) Establish procedures and standards for approving an appointee to operate a marihuana facility under section 206a.
  
  


History: 2016, Act 281, Eff. Dec. 20, 2016 ;-- Am. 2018, Act 10, Imd. Eff. Jan. 26, 2018 ;-- Am. 2018, Act 648, Eff. Mar. 28, 2019 ;-- Am. 2020, Act 32, Imd. Eff. Feb. 20, 2020 ;-- Am. 2020, Act 207, Imd. Eff. Oct. 15, 2020
Compiler's Notes: Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O. No. 2022-1, compiled at MCL 333.27002.




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