Mich. Admin. Code R. 420.501

Current through Vol. 24-07, May 1, 2024
Section R. 420.501 - Definitions

Rule 1.

(1) As used in these rules:
(a) "Acts" refers to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, when applicable.
(b) "Administrative hold" means a status given to marihuana product by the agency during an investigation into alleged violations of the acts and these rules. This status includes no sale or transfer of the marihuana product until the hold is lifted.
(c) "Agency" means the marijuana regulatory agency.
(d) "Cultivator" means a grower under the medical marihuana facilities licensing act or a marihuana grower under the Michigan Regulation and Taxation of Marihuana Act, or both.
(e) "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.
(f) "Employee" means 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 business.
(g) "Final form" means the form a marihuana product is in when it is available for sale by a marihuana sales location not including consumer packaging. For marihuana products intended for inhalation, final form means the marihuana concentrate in an e-cigarette or a vaping device.
(h)"Immature plant" means a nonflowering marihuana plant that is no taller than 8 inches from the growing or cultivating medium and no wider than 8 inches produced from a cutting, clipping, tissue culture, or seedling that is in a growing or cultivating medium or in a growing or cultivating container.
(i) "Internal product sample" means a sample of marijuana products that a cultivator, producer, or marihuana sales location transfers directly to an employee for the purpose of ensuring product quality and making determinations about whether to sell or transfer the marihuana product.
(j) "Laboratory" refers to a safety compliance facility under the medical marihuana facilities licensing act or a marihuana safety compliance facility under the Michigan Regulation and Taxation of Marihuana Act, or both.
(k) "Marihuana business" refers to a marihuana facility under the medical marihuana facilities licensing act or a marihuana establishment under the Michigan Regulation and Taxation of Marihuana Act, or both.
(l) "Marihuana customer" refers to a registered qualifying patient or registered primary caregiver under the medical marihuana facilities licensing act, or an individual 21 years of age or older under the Michigan Regulation and Taxation of Marihuana Act, or both.
(m) "Marihuana equivalent" means usable marihuana equivalent as that term is defined in section 3(o) of the Michigan Medical Marihuana Act, MCL 333.26423.
(n) "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, or any other type of marihuana related business licensed to operate by the agency under the Michigan Regulation and Taxation of Marihuana Act.
(o) "Marihuana facility" means a location at which a licensee is licensed to operate under the medical marihuana facilities licensing act.
(p) "Marihuana license" means a state operating license issued under the medical marihuana facilities licensing act, or a state license issued under the Michigan Regulation and Taxation of Marihuana Act, or both.
(q) "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.
(r) "Marihuana sales location" refers to a provisioning center under the medical marihuana facilities licensing act, or a marihuana retailer, marihuana microbusiness, or class A marihuana microbusiness under the Michigan Regulation and Taxation of Marihuana Act, or both.
(s) "Marihuana tracking act" means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.
(t) "Medical marihuana facilities licensing act" or "MMFLA" means the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.
(u) "Michigan Medical Marihuana Act" means the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430.
(v) "Michigan Regulation and Taxation of Marihuana Act" or "MRTMA" means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.
(w) "Package tag" means an RFID tag supplied through the statewide monitoring system for the purpose of identifying a package containing a marihuana product.
(x) "Plant" means that term as defined in section 102 of the MMFLA, MCL 333.27102, unless otherwise defined in these rules.
(y) "Producer" means a processor under the medical marihuana facilities licensing act or a marihuana processor under the Michigan Regulation and Taxation of Marihuana Act, or both.
(z) "These rules" means the administrative rules promulgated by the agency under the authority of the medical marihuana facilities licensing act, the marihuana tracking act, the Michigan Regulation and Taxation of Marihuana Act, and Executive Reorganization Order No. 2019-2, MCL 333.27001.
(aa) "Tag" or "RFID tag" means the unique identification number or Radio Frequency Identification (RFID) issued to a licensee by the statewide monitoring system for tracking, identifying, and verifying marihuana plants, marihuana products, and packages of marihuana products in the statewide monitoring system.
(bb) "Trade sample" means a sample of marihuana products that a cultivator or producer provides to licensees for the purpose of the licensee determining whether to purchase the marihuana product.
(2) Terms defined in the acts have the same meanings when used in these rules unless otherwise indicated.

Mich. Admin. Code R. 420.501

2020 AACS; 2022 MR 5, Eff. 3/7/2022