Licensing and Regulatory Affairs
(1) To ensure the safety, security, and integrity of the operation of marihuana facilities a grower shall operate at a marihuana facility under either of the following conditions:
(a) The marihuana facility operations are within a building that meets the security requirements and passes the inspections in these rules and has a building permit pursuant to Rule 26 and these rules.
(b) The marihuana facility operations are within a building except for cultivation may occur in an outdoor area that must meet all the following conditions:
(i) The outdoor area containing the cultivation of marihuana plants is contiguous with the building, fully enclosed by fences or barriers that block outside visibility of the marihuana plants from the public view, with no marihuana plants growing above the fence or barrier that is visible to the public eye and the fences are secured and comply with the applicable security measures in these rules, including but not limited to, locked entries only accessible to authorized persons or emergency personnel.
(ii) After the marihuana is harvested, all drying, trimming, curing, or packaging of marihuana occur inside the building meeting all the requirements under these rules.
(iii) The building meets the security requirements and passes the inspections in these rules and has a building permit pursuant to Rule 26 and these rules.
(2) To ensure the safety, security, and integrity of the operation of marihuana facilities, a secure transporter shall have a primary place of business as its marihuana facility that is operating in a municipality that has adopted an ordinance that meets the requirements of section 205 of the act and these rules and its marihuana facility must comply with the requirements prescribed by the act and these rules. A secure transporter may travel through any municipality to transport marihuana product. All the following apply:
(a) The secure transporter may take physical custody of the marihuana or money but legal custody belongs to the transferor or transferee.
(b) A secure transporter is prohibited from selling or purchasing marihuana products.
(c) A secure transporter must transport any marihuana product in a locked, secured, sealed container that is not accessible while in transit. If the licensee transports money associated with the purchase or sale of marihuana product between facilities, the licensee shall lock the money in a sealed container kept separate from the marihuana product and only accessible to the licensee and its employees.
(d) All transactions including, but not limited to, current inventory must be entered in the statewide monitoring system. These records must be maintained and made available to the department upon request.
(e) All handling of money associated with the purchase or sale of marihuana between facilities must be logged and tracked. These records must be maintained and made available to the department upon request.
(f) A secure transporter shall have a route plan and manifest available for inspection by the department, through its investigators, agents, auditors, or the state police to determine compliance with the act and these rules. A copy of the route plan and manifest must be carried with the secure transporter during transport between marihuana facilities. A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana product pursuant to the act or these rules. A copy of a route plan and manifest must be carried in the transporting vehicle and presented to a law enforcement officer upon request.
(g) A secure transporter shall follow the manifest. In cases of emergencies the secure transporter shall notify the transferor and transferee, update the statewide monitoring system and revise the manifest to reflect the unexpected change to the original manifest.
(h) The reasonable timeframe for the secure transporter to maintain custody of the marihuana is not more than 48 hours or by permission of the department on a case-by-case basis.
(i) A secure transporter shall identify and record all vehicles with the department and have the required registration with the secretary of state as required under state law. Secure transporter vehicles may be subject to inspection at any time by the department, through its investigators, agents, auditors, or the state police to determine compliance with act or these rules.
(3) To ensure the safety, security, and integrity of the operation of marihuana facilities, a provisioning center shall have a separate room that is dedicated as the point of sale area for the transfer or sale of marihuana product as provided in the act and these rules. The provisioning center shall keep marihuana products behind a counter or other barrier to ensure a registered qualifying patient or registered primary caregiver does not have direct access to the marihuana products.