333.27505 Safety compliance facility license; exception for industrial hemp.

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Sec. 505.

(1)In addition to transfer and testing authorized in section 203, a safety compliance facility license authorizes the safety compliance facility to do all of the following without using a secure transporter:

(a)Take marihuana from, test marihuana for, and return marihuana to only a marihuana facility.

(b)Collect a random sample of marihuana at the marihuana facility of a grower, processor, or provisioning center for testing.

(2)A safety compliance facility must be accredited by an entity approved by the board by 1 year after the date the license is issued or have previously provided drug testing services to this state or this state's court system and be a vendor in good standing in regard to those services. The board may grant a variance from this requirement upon a finding that the variance is necessary to protect and preserve the public health, safety, or welfare.

(3)To be eligible for a safety compliance facility license, the applicant and each investor with any interest in the safety compliance facility must not have an interest in a grower, secure transporter, processor, or provisioning center.

(4)A safety compliance facility shall comply with all of the following:

(a)Perform tests to certify that marihuana is reasonably free of chemical residues such as fungicides and insecticides.

(b)Use validated test methods to determine tetrahydrocannabinol, tetrahydrocannabinol acid, cannabidiol, and cannabidiol acid levels.

(c)Perform tests that determine whether marihuana complies with the standards the board establishes for microbial and mycotoxin contents.

(d)Perform other tests necessary to determine compliance with any other good manufacturing practices as prescribed in rules.

(e)Enter all transactions, current inventory, and other information into the statewide monitoring system as required in this act, rules, and the marihuana tracking act.

(f)Have a secured laboratory space that cannot be accessed by the general public.

(g)Retain and employ at least 1 staff member with a relevant advanced degree in a medical or laboratory science.

(5)This act does not prohibit a safety compliance facility from taking or receiving industrial hemp for testing purposes and testing the industrial hemp pursuant to the industrial hemp research and development act.

History: 2016, Act 281 , Eff. Dec. 20, 2016 ;-- Am. 2018, Act 10 , Imd. Eff. Jan. 26, 2018 ;-- Am. 2018, Act 648 , Eff. Mar. 28, 2019

Compiler's Notes: Enacting section 2 of Act 281 of 2016 provides:"Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare."For transfer of powers and duties of the medical marihuana licensing board, marihuana advisory panel, and department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the medical marihuana licensing board, marihuana advisory panel, and bureau of marijuana regulation, see ERO No. 2019-2, compiled at MCL 333.27001.For the renaming of the marijuana regulatory agency to the cannabis regulatory agency, see E.R.O.

No. 2022-1, compiled at MCL 333.27002.