DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARIJUANA REGULATORY AGENCY
MARIHUANA EMPLOYEES
Filed with the secretary of state on
These rules take
effect immediately upon filing with the secretary of state unless adopted under
section 33, 44, or 45a(6)(9) of the administrative procedures act
of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under
these sections become effective 7 days after filing with the secretary of
state.
(By authority conferred on the executive director of the marijuana regulatory agency by section 206 of the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27206, sections 7 and 8 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27957 and 333.27958, and Executive Reorganization Order No. 2019-2, MCL 333.27001)
R 420.601 and R 420.602 of the Michigan Administrative Code are amended, and R 420.602a is added, as follows:
R 420.601 Definitions.
Rule 1. (1) As used in these rules:
(b) “Agency” means the marijuana regulatory agency.
(c) “Cultivator” means both a grower under the medical marihuana facilities licensing act and a marihuana grower under the Michigan Regulation and Taxation of Marihuana Act.
(cd) “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.
(de) “Employee” means, except as otherwise
provided in these rules, 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 establishment.
(f) “Laboratory” means both a safety compliance facility under the medical marihuana facilities licensing act and a marihuana safety compliance facility under the Michigan Regulation and Taxation of Marihuana Act.
(eg) “Limited access area” means a
building, room, or other contiguous area of a marihuana business where
marihuana is grown, cultivated, stored, weighed, packaged, sold, or processed
for sale and that is under the control of the licensee.
(fh) “Marihuana
business” refers to means a marihuana facility under the medical
marihuana
facilities licensing act or a marihuana establishment under
the Michigan rRegulation and tTaxation of mMarihuana
aAct, or both.
(gi) “Marihuana customer” refers to means
a registered qualifying patient under the medical marihuana facilities
licensing act, a registered primary caregiver under the medical marihuana
facilities licensing act, or an individual 21 years of age or older under the
Michigan rRegulation and tTaxation of mMarihuana
aAct, or all 3.
(hj) “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,
marihuana designated consumption establishment, or any other type of marihuana
related business licensed to operate by the agency under the Michigan rRegulation
and tTaxation of mMarihuana aAct.
(ik) “Marihuana
event organizer” means a person licensed to apply for a temporary marihuana
event license under these rules.
(jl) “Marihuana facility” means a location
at which a licensee is licensed to operate under the medical marihuana
facilities licensing act.
(km) “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.
(ln) “Marihuana sales location” refers
to means a provisioning center under the medical marihuana
facilities licensing act or a marihuana retailer, or marihuana
microbusiness¸ or class A marihuana microbusiness under the Michigan rRegulation
and tTaxation of mMarihuana aAct, or
both.
(o) “Marihuana tracking act” means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.
(p) “Marihuana transporter” means a secure transporter under the medical marihuana facilities licensing act or a marihuana secure transporter under the Michigan Regulation and Taxation of Marihuana Act, or both.
(mq) “Medical marihuana facilities license
licensing act” or “MMFLA” means the medical marihuana facilities
licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.
(nr) “Michigan rRegulation
and tTaxation of mMarihuana aAct” or
“MRTMA” means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1,
MCL 333.27951 to 333.27967.
(s) “Producer” means both a processor under the medical marihuana facilities licensing act and a marihuana processor under the Michigan Regulation and Taxation of Marihuana Act.
(ot) “These rules” means the administrative
rules promulgated by the Marijuana Regulatory Agency marijuana
regulatory agency under the authority of the medical marihuana facilities
licensing act, the marihuana tracking act, the Michigan rRegulation
and tTaxation of mMarihuana aAct, and
Executive Reorganization Order No. 2019-2, MCL 333.27001.
(pu) “Temporary
marihuana event license” means a state license held by a marihuana event
organizer under the Michigan rRegulation and tTaxation
of mMarihuana aAct, for an event where the onsite
sale or consumption of marihuana products, or both, are authorized at the
location indicated on the state license.
(2) Terms defined in the acts have the same meanings when used in these rules unless otherwise indicated.
R 420.602 Employees; requirements.
Rule 2. (1) A licensee shall conduct a criminal history background check on any prospective employee before hiring that individual. A licensee shall keep records of the results of the criminal history background checks for the duration of the employee’s employment with the licensee. A licensee shall record confirmation of criminal history background checks and make the confirmation available for inspection upon request by the agency.
(2) A licensee shall comply with all of the following:
(a) Have a policy in place that requires employees to
report any new or pending criminal charges or convictions. If an employee is
charged with or convicted of a controlled substance-related felony or any other
felony, the licensee shall immediately report the charge or conviction to the
agency. If an employee of a licensee under the Michigan regulation and
taxation of marihuana act MRTMA is convicted of an offense involving
distribution of a controlled substance to a minor, the licensee shall
immediately report the conviction to the agency. The agency shall maintain a
list of excluded employees.
(b) Enter in the statewide monitoring system an employee’s information and level of statewide monitoring system access within 7 business days of hiring for the system to assign an employee identification number. The licensee shall update in the statewide monitoring system employee information and changes in status or access within 7 business days.
(c) Remove an employee’s access and permissions to the marihuana business and the statewide monitoring system within 7 business days after the employee’s employment with the licensee is terminated.
(d) Train employees and
have an employee training manual that includes, but is not limited to, employee
safety procedures, employee guidelines, security protocol, and educational
training, including, but not limited to, marihuana product information, dosage
and purchasing limits if applicable, and educational materials. Copies of these
items must be maintained and made available to the agency upon request.
Train employees in accordance with an employee training manual. Copies of
this manual must be maintained and be made available to the agency upon
request. The employee training manual must include, but is not limited to, all
of the following:
(i) Employee safety procedures.
(ii) Employee guidelines.
(iii) Security protocol.
(iv) Educational training, including, but not limited to, marihuana product information; dosage and purchasing limits, if applicable; and educational materials.
(e) A licensee under the
Michigan regulation and taxation of marihuana act shall, if applicable, include
in the employee training manual a responsible operations plan. A responsible
operations plan must include a detailed explanation of how employees will
monitor and prevent over-intoxication, underage access to the establishment,
the illegal sale or distribution of marihuana or marihuana products within the
establishment, and any other potential criminal activity on the premises, as
applicable. Copies of these items must be maintained and made available
to the agency upon request. A marihuana business under the MRTMA that
sells or transfers marihuana to an individual 21 years of age or older shall include
in the employee training manual a responsible operations plan. Copies of this plan
must be maintained and be available to the agency upon request. A responsible operations
plan must include a detailed explanation of how employees will monitor and
prevent all of the following:
(i) Over-intoxication.
(ii) Underage access to the establishment.
(iii) The illegal sale or distribution of marihuana or marihuana products within the establishment.
(iv) Any potential criminal activity on the premises, as applicable.
(f) Establish point of sale
or transfer procedures for employees at marihuana sales locations performing
any transfers or sales to marihuana customers. The point of sale or
transfer procedures must include, but are not limited to, training in dosage,
marihuana product information, health or educational materials, point of sale
training, purchasing limits, cannabidiol (CBD) and tetrahydrocannabinol (THC)
information, serving size, and consumption information, including any warnings.
Copies of these items must be maintained and made available to the agency upon
request. Establish point of sale or transfer procedures for employees
at marihuana sales locations performing any transfers or sales to marihuana
customers. Copies of these procedures must be maintained and be made available
to the agency upon request. The point of sale or transfer procedures must
include, but are not limited to, all of the following:
(i) Training in dosage.
(ii) Marihuana product information.
(iii) Health or educational materials.
(iv) Point of sale training.
(v) Purchasing limits.
(vi) Cannabidiol (CBD) and tetrahydrocannabinol (THC) information.
(vii) Serving size.
(viii) Consumption information, including any warnings.
(g) Screen prospective employees against a list of
excluded employees based on a report or investigation maintained by the
agency in accordance with R 420.808a(6)subdivision (a) of this
subrule.
(h) Ensure that employees handle
marihuana product in compliance with cCurrent gGood
mManufacturing pPractice, Hazard Analysis, and Risk
Based Preventative Controls for in manufacturing, packing, or holding
hHuman fFood, 21 CFR part 1107, as
specified in these rules.
(i) When a registered primary caregiver is hired as an
employee of a grower, processor, or secure transporter licensed under the medical
marihuana facilities licensing actMMFLA, withdraw, or ensure
the individual withdraws, the individual's registration as a registered
primary caregiver in a manner established by the agency.
(j) If a A licensee under the Michigan
regulation and taxation of marihuana actMRMTA, shall not
allow a person under 21 years of age to volunteer or work for the marihuana
establishment pursuant to section 11 of the MRTMA, MCL 333.27961.
(k) If a A licensee under the Michigan
regulation and taxation of marihuana actMRTMA, shall not
employ any individual who has been convicted of an offense involving
distribution of a controlled substance to a minor.
(3) If an individual is present at a marihuana business or in a marihuana transporter vehicle who is not identified as a licensee or an employee of the licensee in the statewide monitoring system or is in violation of the acts or these rules, the agency may take any action permitted under the acts and these rules. This subrule does not apply to authorized escorted visitors at a marihuana business.
(4) Employee records are subject to inspection or examination by the agency to determine compliance with the acts and these rules.
(6) As used in this rule, “employee” includes, but is
not limited to, hourly employees, contract employees, trainees, or any other
person given any type of employee credentials or
authorized access to the marihuana business. Trade or
professional services providers provided by individuals
not normally engaged in the operation of a marihuana business, except for
those individuals required to have employee credentials under this rule, must
be reasonably monitored, logged in as a visitor, and escorted through
any limited access areas.
(7) Nothing in this rule prohibits a licensee from allowing
visitors into the marihuana business., A licensee shall ensure
that if the visitors are reasonably monitored, logged in as a
visitor, and escorted through any limited access areas. Visitors that are not
employees or individuals providing trade or professional services are
prohibited where hazardous materials are used, handled, or stored in the marihuana
business.
R 420.602a Prohibitions.
Rule 2a. (1) An employee of a cultivator may not also be employed by a marihuana transporter or a laboratory.
(2) An employee of a producer may not also be employed by a marihuana transporter or a laboratory.
(3) An employee of a marihuana sales location may not also be employed by a marihuana transporter or a laboratory.
(4) An employee of a marihuana transporter may not also be employed by a cultivator, producer, marihuana sales location, or laboratory.
(5) An employee of a laboratory may not also be employed by a cultivator, producer, marihuana sales location, or marihuana transporter.
(6) An employee of a marihuana microbusiness or a class A marihuana microbusiness may not also be employed by a laboratory or a marihuana transporter.