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Michigan Compiled Laws Complete Through PA 47 of 2019
House: Adjourned until Tuesday, August 20, 2019 12:00:00 PM
Senate: Adjourned until Tuesday, August 20, 2019 10:00:00 AM


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Section 333.27206

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


333.27206 Rules.

Sec. 206.

  The department, in consultation with the board, 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 a prohibition on labeling or packaging that is intended to appeal to or has the effect of appealing to minors.
  (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.


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
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."


© 2017 Legislative Council, State of Michigan

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