Updated State Reporting Requirements for
Controlled Substance Theft and Loss

The Department of Licensing and Regulatory Affairs (LARA or “Department”) is notifying all licensed dispensers of controlled substances of changes to Rule R 338.3141 regarding the reporting of theft and diversion of controlled substances. These updates, which are now in effect, modify the timeline and procedure for reporting such incidents to the Department.

Summary of Changes

1. Extended Reporting Timeline

  • Previous Requirement: Report to the Department within 15 days of discovering a suspected theft or significant loss.
  • Updated Requirement: Report to the Department within 45 days after completing an investigation into suspected theft or significant loss.

    The submission of Initial Notifications, closed-case notifications, and requests for additional time to complete an investigation to the Department is no longer necessary.

2. Unchanged Reporting Obligations

  • A copy of the DEA Theft and Loss Report Form 106 (or equivalent) must still be submitted to the Department; however, it is now due within 45 days upon completion of the investigation.
  • This requirement applies whether the controlled substance is recovered, the responsible individual is identified, or action is taken against the individual.

3. Criteria for Determining Significant Loss

  • Licensees must evaluate whether a loss is significant based on existing factors such as quantity, specific substances, patterns of loss, and diversion risks.


Important Reminder: Federal DEA Requirements

Please note that the updated Michigan rule differs from federal DEA reporting requirements:

  • The DEA requires immediate notification of a significant loss or theft within one business day of discovery. This report should be submitted using DEA Form 106.
  • Michigan’s rule provides additional time for investigation and requires notification to LARA within 45 days after the investigation is completed.

Licensed dispensers must comply with both federal and state requirements, adhering to the shorter DEA timeline for federal reporting while following the state’s extended timeline for reporting to LARA.

Additional Resources

For further details, visit:

If you have any questions or require assistance, please contact:

Michigan Department of Licensing and Regulatory Affairs
Michigan Automated Prescription System
Phone: 517-241-0166
Email: [email protected]

Message shared Tuesday, January 21, 2025 by

Douglas Padgett, Manager
Michigan Automated Prescription System
Bureau of Professional Licensing
Michigan Department of Licensing and Regulatory Affairs
www.michigan.gov/mimapsinfo