Adult Use Marijuana Retail Establishments

 R 420.207 Marihuana delivery; limited circumstances.  

Rule 7. 

(1) A marihuana sales location licensee may engage in the delivery of a marihuana product for sale or transfer to marihuana customers upon approval by the agency of the licensee’s delivery procedures.  

(2) A marihuana sales location licensed under the MMFLA that engages in delivery shall establish procedures as specified in this rule to allow an employee of the marihuana sales location to deliver a marihuana product to a patient at the patient’s residential address.  

(3) A marihuana sales location licensed under the MRTMA that engages in delivery shall establish procedures as specified in this rule to allow an employee of the marihuana sales location to deliver a marihuana product to an individual 21 years of age or older at a residential address or at the address of a designated consumption establishment provided at the time the order was placed.  

(4) All of the following apply to the marihuana delivery procedures established by a marihuana sales location:  

(a) For the purposes of this rule only, a marihuana sales location may accept an online order request of a marihuana product and payment for the order that will be delivered only to the physical residence of the registered qualifying patient as provided in this rule, or to a residential address or the address of a designated consumption establishment provided by an individual 21 years of age or older as provided in this rule. 

(b) The marihuana sales location shall create a marihuana delivery procedure that is subject to inspection and examination including, but not limited to, record keeping and tracking requirements. The agency may publish guidelines on the required procedure.  

(c) All marihuana delivery employees shall meet the requirements in R 420.602 and are employees, as defined in R 420.601(1)(d), of the marihuana sales location.  

(5) A marihuana sales location that has received authorization under subrule (1) of this rule shall comply with all of the following: 

 (a) The marihuana sales location shall verify that the sale or transfer to marihuana customers is in accordance with these rules.  

(b) The marihuana delivery employee may take payment upon delivery and shall deliver the marihuana product.  

(c) The amount of marihuana product that may be delivered is limited to the daily and monthly purchase limits of the registered qualifying patient as provided in these rules; or to the single transaction purchase limits for individuals 21 years of age or older as provided in these rules.  

(d) The marihuana sales location shall record all transactions in the statewide monitoring system as required in the acts and these rules.  

(e) An employee of the marihuana sales location shall make marihuana deliveries only to 1 of the following:  

(i) Subject to paragraph (ii) of this subdivision, a registered qualifying patient.  

(ii) A registered primary caregiver if the registered qualifying patient is a minor. If the registered qualifying patient is a minor, delivery must be made only to his or her registered primary caregiver.  

(iii) An individual 21 years of age or older.  

(f) A marihuana delivery employee shall verify that the person taking delivery is the registered qualifying patient or the registered primary caregiver of a registered qualifying patient who is a minor, who has been recorded in the statewide monitoring system, or the individual 21 years of age or older who placed the order.  

(g) The authorization granted to a marihuana sales location pursuant to subrule (1) of this rule may be denied, suspended, or withdrawn by the agency. The marihuana sales location may be subject to other sanctions and fines as provided in the acts and these rules.  

(6) A marihuana sales location shall maintain records of all of the following that must be made available to the agency upon request:  

(a) For a marihuana sales location licensed under the MMFLA, confirmation that the marihuana customer presented his or her valid driver’s license or government issued identification bearing a photographic image of the marihuana customer along with his or her marihuana registry card, or temporary marihuana registry card, to verify that he or she is the patient or, if the registered qualifying patient is a minor, the registered primary caregiver.  

(b) For a marihuana sales location licensed under the MRTMA, confirmation that the marihuana customer presented his or her valid driver’s license or government issued identification bearing a photographic image of the marihuana customer to verify that the marihuana customer is 21 years of age or older at the time of delivery.  

(c) Validation that the address for marihuana delivery of a marihuana product is the residential address of the registered qualifying patient, or the residential address or address of a designated consumption establishment provided by the customer at the time the order for the marihuana product was placed.  

(d) Maintenance of the following records for any motor vehicle used for marihuana delivery and the making of the records available to the agency upon request:  (i) Vehicle make.  (ii) Vehicle model.  (iii) Vehicle color.  (iv) Vehicle identification number.  (v) License plate number.  (vi) Vehicle registration.  (vii) Proof of vehicle insurance.  (e) Documentation that the marihuana customer has consented to the marihuana delivery of the marihuana product. The consent must include an acknowledgement by the marihuana customer for the release of information necessary in fulfilling the home delivery.  (f) Verification, by a licensee under the MMFLA, in the statewide monitoring system that the registered qualifying patient holds a valid, current, unexpired, and unrevoked registry identification card as required in these rules.  

(7) A marihuana delivery employee shall carry a physical or electronic copy of all of the following information and shall make these records available to the agency upon request:  (a) The employee identification number required under these rules.  (b) The marihuana sales location licensee license number.  (c) The address of the marihuana sales location licensee.  (d) Contact information of the marihuana sales location licensee.  (e) A copy of the marihuana sales location marihuana delivery log as required in subrule (13) of this rule.  

(8) A marihuana delivery employee shall have access to a secure form of communication with the marihuana sales location licensee, such as a cellular telephone, at all times in the vehicle or on his or her person.  

(9) A marihuana delivery employee shall comply with all the following:  

(a) During marihuana delivery, the marihuana delivery employee shall maintain a physical or electronic copy of each marihuana delivery request and shall make the marihuana delivery request available to the agency upon request.  

(b) A marihuana delivery employee shall not leave a marihuana product in an unattended motor vehicle unless the motor vehicle is locked and equipped with an active vehicle alarm system.  

(c) A marihuana delivery employee’s vehicle must contain a global positioning system (GPS) device for identifying the geographic location of the delivery vehicle. The device must be either permanently or temporarily affixed to the delivery vehicle while the delivery vehicle is in operation, and the device must remain active and in the possession of the delivery employee at all times during delivery. At all times, the marihuana sales location must be able to identify the geographic location of all marihuana delivery vehicles and marihuana delivery employees who are making marihuana deliveries for the marihuana sales location and shall provide that information to the agency upon request.  

(d) A marihuana delivery employee shall not carry marihuana product in the delivery vehicle with a value in excess of $5,000.00 at any time. The value of marihuana products carried in the delivery vehicle for which a delivery order was not received and processed by the licensed retailer prior to the delivery employee departing from the marihuana sales location may not exceed $3,000.00. For the purposes of this subrule, the value of marihuana products must be determined using the current retail price of all marihuana products carried by, or within the delivery vehicle of, the marihuana delivery employee. 

(e) A marihuana delivery employee of a marihuana sales location may not be employed as a marihuana delivery employee for more than 1 marihuana sales location.  

(f) A marihuana delivery employee shall not leave the marihuana sales location with marihuana products without at least 1 delivery order that has already been received and processed by the marihuana sales location.  

(g) Before leaving the marihuana sales location, the marihuana delivery employee must have a delivery inventory ledger, which may be maintained electronically, of all marihuana products provided to him or her. For each marihuana product, the delivery inventory ledger must include the following:  (i) The type of marihuana product.  (ii) The brand name.  (iii) The retail value.  (iv) The tag number associated with the product in the statewide monitoring system.  (v) The weight, volume, or other accurate measure of the marihuana product.  

(h) All marihuana product prepared for an order that was received and processed by the marihuana sales location prior to the marihuana delivery driver departing from the marihuana sales location must be clearly identified on the inventory ledger.  (i) After each delivery, the delivery inventory ledger must be updated to reflect the current inventory in possession of the marihuana delivery employee.  

(j) The marihuana delivery employee shall maintain a log that includes all stops from the time he or she leaves the marihuana sales location to the time that he or she returns to the marihuana sales location, and the reason for each stop. The log must be turned in to the marihuana sales location when the marihuana delivery employee returns to the marihuana sales location. The marihuana sales location must maintain the log for a minimum of 1 year from the date of delivery and make it available upon request by the agency. The log may be maintained electronically.  

(k) Immediately upon request by the agency the marihuana delivery employee shall provide all of the following:  (i) All delivery inventory ledgers from the time the marihuana delivery employee left the marihuana sales location up to the time of the request.  (ii) All delivery request receipts for marihuana product carried by the driver, in the delivery vehicle, or any deliveries that have already been made to customers.  (iii) The log of all stops from the time the marihuana delivery employee left the marihuana sales location up to the time of the request.  

(l) If a marihuana delivery employee does not have any delivery request to be performed for a 30-minute period, the marihuana delivery employee shall not make any additional deliveries and shall return to the marihuana sales location. Upon returning to the marihuana sales location, all undelivered marihuana products must be returned to inventory and all necessary inventory and statewide monitoring system records must be updated as appropriate.  

(10) A marihuana retailer licensed under the MRTMA, in making deliveries, shall not transport more than 15 ounces of marihuana or more than 60 grams of marihuana concentrate at 1 time pursuant to section 11 of the MRTMA, MCL 333.27961.  

(11) A marihuana sales location shall ensure that marihuana deliveries are completed in a timely and efficient manner as provided on the marihuana delivery request and log. All marihuana deliveries must occur within the business hours of the marihuana sales location. Marihuana product for marihuana delivery must be stored within a secured compartment that is clearly marked and latched or locked in a manner to keep all contents secured within. 

(12) The process of marihuana delivery begins when the marihuana delivery employee leaves the marihuana sales location’s licensed marihuana business with the marihuana product for delivery. The process of marihuana delivery ends when the delivery employee returns to the marihuana sales location’s licensed marihuana business after delivering the marihuana product to the marihuana customer.  

(13) A marihuana sales location shall maintain a record of each delivery of a marihuana product in a marihuana delivery log, which may be a hard copy or electronic format, and make the marihuana delivery log available to the agency upon request. For each delivery, the marihuana delivery log must record all of the following:  (a) The date and time that the delivery began and ended.  (b) The name of the marihuana delivery employee.  (c) The amount of marihuana product allowed to be possessed for delivery.  (d) The tag number of the marihuana product and the name of the strain of that marihuana product.  (e) The signature of the individual who accepted delivery.  

(14) A marihuana sales location shall notify the agency, state police, or local law enforcement of any theft, loss of marihuana product, or criminal activity as provided in these rules. A marihuana sales location shall report to the agency and law enforcement, if applicable, any other event occurring during marihuana delivery that violates the marihuana delivery procedure as provided in this rule, including marihuana delivery vehicle accidents and diversion of marihuana product.  History: 2020 AACS; 2022 MR 5, Eff. Mar. 7, 2022. 

R 420.207a Contactless and limited contact transactions.  

Rule 7a. (1) A marihuana sales location may designate an area for contactless or limited contact transactions unless prohibited by an ordinance adopted by the municipality where the marihuana sales location is located.  

(2) Contactless or limited contact transaction include, but are not limited to the following:  

(a) Curbside service.  

(b) Drive through window service.  

(3) A marihuana sales location may accept online or telephonic orders for marihuana product and payment for the order that will be picked up at the marihuana sales location.  

(4) The designated area for contactless or limited contact transactions must be identified in the marihuana business location plan.  

(5) A marihuana sales location operating a contactless or limited contact transaction must have a written standard operating procedure in place and be made available to the agency upon request.  

(6) Contactless or limited contact transactions must be completed during normal business hours.  (7) A marihuana sales location using a designated area for contactless or limited contact transactions must have in place an anti-theft policy, procedure, or automatic capability. 

(8) The designated area for contactless or limited contact transactions must comply with R 420.209.  

(9) The contactless and limited contact transaction must comply with R 420.505 and R 420.506.  (10) Marihuana being transferred during a contactless or limited contact transaction must be in an opaque bag and the contents must not be visible to the general public upon pick up.