HOUSE BILL No. 4827

August 18, 2015, Introduced by Rep. Kesto and referred to the Committee on Judiciary.

 

     A bill to establish a system to track marihuana and marihuana

 

products in commercial trade; to monitor compliance with laws

 

authorizing commercial traffic in medical marihuana; to identify

 

threats to health from particular batches of marihuana or medical

 

marihuana; to require persons engaged in commercial trade to submit

 

certain information for entry into the system; to provide the

 

powers and duties of certain state departments and agencies; and to

 

provide for sanctions.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"marihuana tracking act".

 

     Sec. 2. As used in this act:

 


     (a) "Department" means the department of licensing and

 

regulatory affairs.

 

     (b) "Marihuana" includes all of the following that are grown,

 

processed, or sold for medical use as described in the Michigan

 

medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, and

 

the medical marihuana facilities licensing act:

 

     (i) All parts of the plant Cannabis sativa L.

 

     (ii) The seeds or seedlings of Cannabis sativa L.

 

     (iii) The resin extracted from any part of Cannabis sativa L.

 

     (iv) Every compound, manufacture, salt, derivative, mixture,

 

or preparation of Cannabis sativa L. or its seeds or resin.

 

     (c) "System" means the system for tracking marihuana

 

established under section 3.

 

     Sec. 3. (1) The department shall establish, maintain, and

 

utilize, directly or by contract, a system to track marihuana that

 

is grown, processed, transferred, stored, or disposed of under the

 

medical marihuana facilities licensing act.

 

     (2) The system shall have the functions and capabilities

 

described in section 4 and shall be operated in compliance with the

 

health insurance portability and accountability act of 1996, Public

 

Law 104-191.

 

     Sec. 4. (1) The system shall be hosted on a platform that

 

allows all of the following:

 

     (a) Dynamic allocation of resources.

 

     (b) Data redundancy.

 

     (c) Recovery from natural disaster within hours.

 

     (2) The system shall have all of the following capabilities:

 


     (a) Tracking all plants, products, packages, patient and

 

primary caregiver purchase totals, waste, transfers, conversions,

 

sales, and returns that, if practicable, are linked to unique

 

identification numbers.

 

     (b) Tracking lot and batch information throughout the entire

 

chain of custody.

 

     (c) Tracking all products, conversions, and derivatives

 

throughout the entire chain of custody.

 

     (d) Tracking plant, batch, and product destruction.

 

     (e) Tracking transportation of product.

 

     (f) Performing complete batch recall tracking that clearly

 

identifies all of the following details relating to the specific

 

batch subject to the recall:

 

     (i) Sold product.

 

     (ii) Product inventory that is finished and available for

 

sale.

 

     (iii) Product that is in the process of transfer.

 

     (iv) Product being processed into another form.

 

     (v) Postharvest raw product, such as product that is in the

 

drying, trimming, or curing process.

 

     (g) Reporting and tracking loss, theft, or diversion of

 

product containing marihuana.

 

     (h) Reporting and tracking all inventory discrepancies.

 

     (i) Reporting and tracking adverse patient responses or dose-

 

related efficacy issues.

 

     (j) Reporting and tracking all sales and refunds.

 

     (k) Tracking patient purchase limits and flagging purchases in

 


excess of authorized limits.

 

     (l) Receiving electronically submitted information required to

 

be reported under this act.

 

     (m) Receiving testing results electronically from a safety

 

compliance facility via a secured application program interface

 

into the system and directly linking the testing results to each

 

applicable source batch and sample.

 

     (n) Flagging test results that have characteristics indicating

 

that they may have been altered.

 

     (o) Providing information to cross-check that product sales

 

are made to a qualified patient or designated primary caregiver and

 

that the product received the required testing.

 

     (p) Providing the department, local law enforcement agencies,

 

and state agencies with real-time access to information in the

 

database.

 

     (q) Providing real-time analytics to the department regarding

 

key performance indicators such as the following:

 

     (i) Total daily sales.

 

     (ii) Total plants in production.

 

     (iii) Total plants destroyed.

 

     (iv) Total inventory adjustments.

 

     Sec. 5. (1) A person who is a licensee under the medical

 

marihuana facilities licensing act shall supply the relevant

 

tracking or testing information in the form the department requires

 

regarding each plant, product, package, batch, test, transfer,

 

conversion, sale, recall, or disposition of marihuana in or from

 

the person's possession or control. A provisioning center shall

 


include information identifying the patient to or for whom the sale

 

is made and, if applicable, the primary caregiver to whom the sale

 

was made. The department may require that the information be

 

submitted electronically.

 

     (2) A person who willfully violates subsection (1) is

 

responsible for a state civil infraction and may be ordered to pay

 

a civil fine of not more than $1,000.00.

 

     (3) A person who commits a second or subsequent willful

 

violation of subsection (1) is guilty of a misdemeanor punishable

 

by imprisonment for not more than 93 days or a fine of not more

 

than $2,500.00, or both.

 

     Sec. 6. The information in the system is confidential and is

 

exempt from disclosure under the freedom of information act, 1976

 

PA 442, MCL 15.231 to 15.246. Information in the system may be

 

disclosed for purposes of enforcing the Michigan medical marihuana

 

act, 2008 IL 1, MCL 333.26421 to 333.26430, and the medical

 

marihuana facilities licensing act.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

 

     Enacting section 2. This act does not take effect unless House

 

Bill No. 4209 of the 98th Legislature is enacted into law.