Michigan Laws 333.27207 – Third-party inventory control and tracking system; exception for statewide monitoring system
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Terms Used In Michigan Laws 333.27207
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 333.27102
- license: means a license that is issued under this act that allows the licensee to operate as 1 of the following, specified in the license:
(i) A grower. See Michigan Laws 333.27102Licensee: means a person holding a state operating license. See Michigan Laws 333.27102 Marihuana: means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333. See Michigan Laws 333.27102 Marihuana plant: means any plant of the species Cannabis sativa L. See Michigan Laws 333.27102 Marihuana tracking act: means the marihuana tracking act, 2016 PA 282, MCL 333. See Michigan Laws 333.27102 Michigan medical marihuana act: means the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333. See Michigan Laws 333.27102 Person: means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity. See Michigan Laws 333.27102 Registered primary caregiver: means a primary caregiver who has been issued a current registry identification card under the Michigan Medical Marihuana Act. See Michigan Laws 333.27102 Registered qualifying patient: means a qualifying patient who has been issued a current registry identification card under the Michigan Medical Marihuana Act or a visiting qualifying patient as that term is defined in section 3 of the Michigan Medical Marihuana Act, MCL 333. See Michigan Laws 333.27102 Registry identification card: means that term as defined in section 3 of the Michigan Medical Marihuana Act, MCL 333. See Michigan Laws 333.27102 Rules: means rules promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 333.27102 Safety compliance facility: means a licensee that is a commercial entity that takes marihuana from a marihuana facility or receives marihuana from a registered primary caregiver, tests the marihuana for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility. See Michigan Laws 333.27102 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o system: means an internet-based, statewide database established, implemented, and maintained by the department under the marihuana tracking act, that is available to licensees, law enforcement agencies, and authorized state departments and agencies on a 24-hour basis for all of the following:
(i) Verifying registry identification cards. See Michigan Laws 333.27102
(1) Except as otherwise provided in subsection (2), a licensee shall adopt and use a third-party inventory control and tracking system that is capable of interfacing with the statewide monitoring system to allow the licensee to enter or access information in the statewide monitoring system as required under this act and rules. The third-party inventory control and tracking system must have all of the following capabilities necessary for the licensee to comply with the requirements applicable to the licensee’s license type:
(a) Tracking all marihuana plants, products, packages, patient and primary caregiver purchase totals, waste, transfers, conversions, sales, and returns that 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 marihuana 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) Electronically receiving and transmitting information as required under this act, the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, and the marihuana tracking act.
(l) 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.
(m) Identifying test results that may have been altered.
(n) Providing the licensee with access to information in the tracking system that is necessary to verify that the licensee is carrying out the marihuana transactions authorized under the licensee’s license in accordance with this act.
(o) Providing information to cross-check that product sales are made to a registered qualifying patient or a registered primary caregiver on behalf of a registered qualifying patient and that the product received the required testing.
(p) Providing the department and state agencies with access to information in the database that they are authorized to access.
(q) Providing law enforcement agencies with access to only the information in the database that is necessary to verify that an individual possesses a valid and current registry identification card.
(r) Providing licensees with access only to the information in the system that they are required to receive before a sale, transfer, transport, or other activity authorized under a license issued under this act.
(s) Securing the confidentiality of information in the database by preventing access by a person who is not authorized to access the statewide monitoring system or is not authorized to access the particular information.
(t) Providing analytics to the department regarding key performance indicators such as the following:
(i) Total daily sales.
(ii) Total marihuana plants in production.
(iii) Total marihuana plants destroyed.
(iv) Total inventory adjustments.
(2) If the statewide monitoring system is capable of allowing a licensee to access or enter information into the statewide monitoring system without use of a third-party inventory control and tracking system, a licensee may access or enter information into the statewide monitoring system directly and the licensee is not required to adopt and use a third-party inventory control and tracking system.