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9810.1302 TRACK AND TRACE; INVENTORY AND TRACKING REQUIREMENTS.

Subpart 1.

Inventory management.

A cannabis business must conduct inventory and tracking functions using the statewide monitoring system.

Subp. 2.

System inventory.

A cannabis business must use the statewide monitoring system to maintain an accurate inventory of all regulated products that the business has in the business's possession. The system inventory must include:

A.

the product category for each product in the business's possession;

B.

the quantity of each product in the business's possession, either by weight or units, as appropriate for the product category;

C.

the batch number assigned to each product in the statewide monitoring system;

D.

for all living cannabis plants:

(1)

the plant's current growth phase; and

(2)

for plants over eight inches in height, a unique identification number assigned to the plant; and

E.

the product's location in a facility.

Subp. 3.

Waste.

A cannabis business must report the production and disposal of all cannabis waste as described in part 9810.1200 in the statewide monitoring system.

Subp. 4.

Tagging.

A.

All cannabis plants over eight inches in height or width must be physically tagged with a unique identifier recorded in the statewide monitoring system.

B.

All units packaged for transfer or sale, other than for final sale or delivery to a customer, patient, or designated caregiver, must be physically tagged with a unique identifier recorded in the statewide monitoring system.

Subp. 5.

Additional tracking requirements.

In addition to system inventory maintenance requirements in subpart 2, a cannabis business must report the following actions, events, and information related to regulated products in the statewide monitoring system:

A.

the sale, distribution, transfer, or receipt of products. When reporting a sale in the statewide monitoring system, a business must include the actual price of the product and any discount amount;

B.

each application of a crop input to plants in the cannabis business's possession;

C.

a written description of any products removed from a cannabis business's inventory due to intentional or accidental destruction. The written description must provide the business's justification for intentionally destroying the products, if applicable;

D.

a written description of any products removed from a cannabis business's inventory as a result of sampling for routine inspection purposes. The description must include the date the sample was collected and the quantity of the sample collected;

E.

the theft or loss of any products. A cannabis business must report the theft or loss of a product to the office within eight hours of discovering the theft or loss. A cannabis business must also notify local law enforcement of the theft or loss immediately upon learning of the theft or loss;

F.

the justification for any adjustment to the weight or quantity of any products in the cannabis business's system inventory. A business must report the justification for an adjustment to weight or quantity in the statewide monitoring system at the time that the business makes the adjustment;

G.

notice of any products that the cannabis business removes from the business's system inventory for laboratory testing. If the business removes a product from the business's system inventory for testing, the business must record the product as a laboratory sample package and must only transfer the product to a licensed testing facility;

H.

notice of any products that the business removes from the business's inventory for an approved demonstration purpose, such as:

(1)

a sample for an employee;

(2)

a display sample that the business provides to a cannabis retailer; or

(3)

a promotional sample that the business provides to a licensed cannabis business; and

I.

all information that this chapter and Minnesota Statutes, chapter 342, require for a cannabis business to physically transport products before the products leave the business's facility. This requirement applies to transfers between facilities when both facilities belong to a single license holder and to transfers from one license holder to another.

Subp. 6.

System reconciliation.

A.

A cannabis business must update the system inventory and ensure the system inventory's accuracy at the end of each business day. A cannabis business must ensure that the business's inventory records are available to the office for inspection upon the request of the office.

B.

A cannabis business must develop and make available for inspection a written procedure and schedule for verifying the accuracy of the business's system inventory. A cannabis business must design and implement the procedure to ensure that the business's system inventory is accurate. A cannabis business must update and maintain records regarding the business's compliance with the procedure for verifying accuracy. A cannabis business must ensure that compliance records are available for inspection by the office upon request.

C.

A cannabis testing facility must report the results of any laboratory testing in the statewide monitoring system in the record of the batch tested. In the case of a failed test, a cannabis business must record any remediation steps that the business has taken to address the failure and the results of subsequent testing.

Subp. 7.

License category-specific requirements.

A.

The reporting requirements in part 9810.2700 apply to cannabis retailers participating in a cannabis event authorized by the office.

B.

In addition to meeting all applicable requirements in part 9810.2600, a licensed cannabis delivery service must report the receipt and delivery of regulated products in the statewide monitoring system as specified in this item.

(1)

A licensed cannabis delivery service must report the receipt of a product from a retailer by the end of the business day when the product was received or before the product is delivered to a customer, whichever is sooner.

(2)

A licensed cannabis delivery service must report the delivery of a product to a customer, patient, or designated caregiver by the end of the business day in which the product was delivered.

Subp. 8.

Outages and manual reporting.

If the statewide monitoring system suffers an outage or failure or is otherwise unavailable, a cannabis business:

A.

may record and report all cannabis activity to the office in writing for three calendar days;

B.

after the statewide monitoring system has been unavailable for three calendar days, must cease to record and report all cannabis activity in writing to the office except as provided in item C;

C.

may continue reporting to the office in writing regarding cultivating cannabis plants during the entire time that the statewide monitoring system is unavailable;

D.

must promptly enter the information from all written reporting under this subpart in the statewide monitoring system when the system becomes available, no later than 12 hours following the time that the statewide monitoring system becomes available; and

E.

must not make any sales while the statewide monitoring system is suffering an outage or failure or is otherwise unavailable.

Statutory Authority:

MS s 342.02

History:

49 SR 1143

Published Electronically:

April 25, 2025

Official Publication of the State of Minnesota
Revisor of Statutes