Mich. Admin. Code 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.
Notes
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