Rule 40. Sale or transfer; provisioning centers.

(1) A provisioning center may sell or transfer marihuana product to a registered qualifying patient or a registered primary caregiver if the following are met:

(a) The licensee verifies with the statewide monitoring system that the registered qualifying patient or a registered primary caregiver holds a valid, current, unexpired, and unrevoked registry identification card.

(b) The licensee confirms that the registered qualifying patient or the registered primary caregiver presented his or her valid driver license or government-issued identification card that bears a photographic image of the qualifying patient or primary caregiver.

(c) The licensee determines, if completed, any transfer or sale will not exceed the daily purchasing limit prescribed in Rule 41.

(d) Any marihuana product that is sold or transferred under this rule has been tested and bears the label required for sale or transfer in accordance with Rule 39.

(2) A provisioning center may sell or transfer marihuana product to a visiting qualifying patient if all the following are met:

(a) The licensee verifies that the visiting qualifying patient has a valid unexpired medical marihuana registry card or its equivalent issued in another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana.

(b) The licensee confirms that the visiting qualifying patient presented his or her valid driver license or government-issued identification card that bears a photographic image of the visiting qualifying patient.

(c) The licensee determines, if completed, any transfer or sale will not exceed the daily purchasing limit prescribed in Rule 41.

(d) Any marihuana product that is sold or transferred under this rule has been tested and bears the label required for sale or transfer in accordance with Rule 39.

(e) For purposes of this subrule, the term “visiting qualifying patient” means that term as defined in section 3 of the Michigan medical marihuana act.

(3) The provisioning center shall enter all transactions, current inventory, and other information required by these rules in the statewide monitoring system in compliance with the act, marihuana tracking act, and these rules. The provisioning center shall maintain appropriate records of all sales or transfers under the act and these rules and make them available to the department through its investigators, agents, auditors, or the state police upon request.


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