reglab/housing_qa huggingface dataset:
MT Code § 16-12-310 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 3. Local Government and Law Enforcement Authority|16-12-310. Limit on local-option marijuana excise tax rate -- goods subject to tax

  16-12-310. (Effective January 1, 2022) Limit on local-option marijuana excise tax rate -- goods subject to tax. (1) The rate of the local-option marijuana excise tax must be established by the election petition or resolution provided for in 16-12-311, and the rate may not exceed 3%.  (2) The local-option marijuana excise tax is a tax on the retail value of all marijuana and marijuana products sold at an adult-use dispensary or medical marijuana dispensary within a county.   (3) If a county imposes a local-option marijuana excise tax:   (a) 50% of the resulting tax revenue must be retained by the county;   (b) 45% of the resulting tax revenue must be apportioned to the municipalities on the basis of the ratio of the population of the city or town to the total county population; and   (c) the remaining 5% of the resulting tax revenue must be retained by the department to defray costs associated with administering 16-12-309 through 16-12-312 and 16-12-317. The funds retained by the department under this subsection (3)(c) must be deposited into the marijuana state special revenue account established under 16-12-111.   (4) For the purposes of this section, "tax revenue" means the combined taxes collected under any local-option marijuana excise tax collected on retail sales within the county.   History: En. Sec. 95, Ch. 576, L. 2021.
MT Code § 16-12-311 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 3. Local Government and Law Enforcement Authority|16-12-311. Local government excise tax-- election required -- procedure -- notice

  16-12-311. (Effective January 1, 2022) Local government excise tax-- election required -- procedure -- notice. (1) A county that has permitted an adult-use dispensary or medical marijuana dispensary to operate within its borders pursuant to 16-12-301 or a county in which the majority of voters voted to approve Initiative Measure No. 190 in the November 3, 2020, general election, may not impose or, except as provided in this section, amend or repeal a local-option marijuana excise tax unless the local-option marijuana excise tax question has been approved by a majority of the qualified electors voting on the question.  (2) The local-option marijuana excise tax question may be presented to the qualified electors of a county by a petition of the electors as provided in 7-5-131, 7-5-132, 7-5-134, 7-5-135, and 7-5-137 or by a resolution of the governing body of the county.   (3) The petition or resolution referring the taxing question must state:   (a) the rate of the tax, which may not exceed 3% of the retail value of all marijuana and marijuana products sold at an adult-use dispensary or medical marijuana dispensary;   (b) the date when the tax becomes effective, which may not be earlier than 90 days after the election; and   (c) the purposes that may be funded by the tax revenue.   (4) On receipt of an adequate petition, the county's governing body shall hold an election in accordance with Title 13, chapter 1, part 5.   (5) (a) Before the local-option marijuana excise tax question is submitted to the electorate, the county shall provide notice of the goods subject to the local-option marijuana excise tax by a method described in 13-1-108.   (b) The notice must be given two times, with at least 6 days separating the notices. The first notice must be given not more than 45 days prior to the election, and the last notice must be given not less than 30 days prior to the election.   (6) Notice of the election must be given as provided in 13-1-108 and include the information listed in subsection (3) of this section.   (7) The question of the imposition of a local-option marijuana excise tax may not be placed before the qualified electors more than once in any fiscal year.   History: En. Sec. 96, Ch. 576, L. 2021.
MT Code § 16-12-312 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 3. Local Government and Law Enforcement Authority|16-12-312. Tax administration

  16-12-312. (Effective January 1, 2022) Tax administration. (1) Not less than 90 days prior to the date that the local-option marijuana excise tax becomes effective, the county shall notify the department of the results of the election and coordinate with the department to facilitate the administration and collection of the local-option marijuana excise taxes.  (2) The department shall establish by rule:   (a) the times that taxes collected by businesses are to be remitted to the department;   (b) the office or employee of the department responsible for receiving and accounting for the local-option marijuana excise tax receipts;   (c) the office or employee of the department responsible for enforcing the collection of local-option marijuana excise taxes and the methods and procedures to be used in enforcing the collection of local-option marijuana excise taxes due; and   (d) the penalties for failure to report taxes due, failure to remit taxes due, and violations of the administrative ordinance. The penalties may include:   (i) criminal penalties not to exceed a fine of $1,000 or 6 months' imprisonment, or both;   (ii) civil penalties if the department prevails in a suit for the collection of local-option marijuana excise taxes, not to exceed 50% of the local-option marijuana excise taxes found due plus the costs and attorney fees incurred by the department in the action;   (iii) revocation of an adult-use dispensary license or medical marijuana dispensary license held by the offender; and   (iv) any other penalties that may be applicable for violation of an ordinance.   (3) The department's rules may also include:   (a) further clarification and specificity in the categories of goods that are subject to the local-option marijuana excise tax;   (b) authorization for business administration and prepayment discounts. The discount authorization may allow each vendor and commercial establishment to withhold up to 5% of the local-option marijuana excise taxes collected to defray their costs for the administration of the tax collection.   (c) other administrative details necessary for the efficient and effective administration of the tax.   (4) A county and the department may exchange information collected under the provisions of this chapter that is necessary to implement and administer a local-option marijuana excise tax or the tax collected under Title 15, chapter 64, part 1.   History: En. Sec. 97, Ch. 576, L. 2021.
MT Code § 16-12-313 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 3. Local Government and Law Enforcement Authority|16-12-313. through 16-12-316 reserved

  16-12-313 through 16-12-316 reserved.
MT Code § 16-12-317 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 3. Local Government and Law Enforcement Authority|16-12-317. Use of local-option marijuana excise tax revenue

  16-12-317. (Effective January 1, 2022) Use of local-option marijuana excise tax revenue. Unless otherwise restricted, a county or municipality may appropriate and expend revenue derived from a local-option marijuana excise tax for any activity, undertaking, or administrative service that the municipality is authorized by law to perform, including costs resulting from the imposition of the tax or due to administrative burdens imposed on the municipality as a result of licensing or regulatory requirements imposed in this chapter.  History: En. Sec. 98, Ch. 576, L. 2021.
MT Code § 16-12-401 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 4. Marijuana Taxation(Repealed)|16-12-401. Repealed

  16-12-401. Repealed. Sec. 104, Ch. 576, L. 2021. (Repealer effective January 1, 2022.)  History: En. Sec. 27, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-402 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 4. Marijuana Taxation(Repealed)|16-12-402. Repealed

  16-12-402. Repealed. Sec. 104, Ch. 576, L. 2021. (Repealer effective January 1, 2022.)  History: En. Sec. 28, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-403 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 4. Marijuana Taxation(Repealed)|16-12-403. Repealed

  16-12-403. Repealed. Sec. 104, Ch. 576, L. 2021. (Repealer effective January 1, 2022.)  History: En. Sec. 29, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-404 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 4. Marijuana Taxation(Repealed)|16-12-404. Repealed

  16-12-404. Repealed. Sec. 104, Ch. 576, L. 2021. (Repealer effective January 1, 2022.)  History: En. Sec. 30, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-405 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 4. Marijuana Taxation(Repealed)|16-12-405. Repealed

  16-12-405. Repealed. Sec. 104, Ch. 576, L. 2021. (Repealer effective January 1, 2022.)  History: En. Sec. 31, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-406 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 4. Marijuana Taxation(Repealed)|16-12-406. Repealed

  16-12-406. Repealed. Sec. 104, Ch. 576, L. 2021. (Repealer effective January 1, 2022.)  History: En. Sec. 32, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-407 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 4. Marijuana Taxation(Repealed)|16-12-407. Repealed

  16-12-407. Repealed. Sec. 104, Ch. 576, L. 2021. (Repealer effective January 1, 2022.)  History: En. Sec. 33, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-408 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 4. Marijuana Taxation(Repealed)|16-12-408. Repealed

  16-12-408. Repealed. Sec. 104, Ch. 576, L. 2021. (Repealer effective January 1, 2022.)  History: En. Sec. 34, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-501 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-501. Purpose

  16-12-501. (Effective January 1, 2022) Purpose. The purpose of this part is to:  (1) provide a regulatory system for providing marijuana for the use of individuals with debilitating medical conditions, including posttraumatic stress disorder, in order to alleviate the symptoms of the debilitating medical condition;   (2) allow for the limited cultivation, manufacture, delivery, and possession of marijuana as permitted by this chapter;   (3) allow persons to assist registered cardholders with the cultivation of marijuana and manufacture of marijuana products permitted by this chapter.   (4) provide for a registry of individuals with debilitating medical conditions entitled to purchase marijuana and marijuana products at the tax rate specified in 15-64-102; and   (5) provide the process for obtaining a registry identification card.   History: En. Sec. 9, Ch. 576, L. 2021.
MT Code § 16-12-502 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-502. Definitions

  16-12-502. (Effective January 1, 2022) Definitions. As used in this part, the following definitions apply:  (1) "Referral physician" means an individual who:   (a) is licensed under Title 37, chapter 3; and   (b) is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment.   (2) "Standard of care" means, at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:   (a) obtaining the patient's medical history;   (b) performing a relevant and necessary physical examination;   (c) reviewing prior treatment and treatment response for the debilitating medical condition;   (d) obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;   (e) discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;   (f) monitoring the response to treatment and possible adverse effects; and   (g) creating and maintaining patient records that remain with the physician.   (3) "Telemedicine" has the meaning provided in 37-3-102.   (4) "Treating physician" means an individual who:   (a) is licensed under Title 37, chapter 3; and   (b) has a bona fide professional relationship with the individual applying to be a registered cardholder.   (5) "Written certification" means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care.   History: En. Sec. 10, Ch. 576, L. 2021.
MT Code § 16-12-504 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-504. through 16-12-507 reserved

  16-12-504 through 16-12-507 reserved.
MT Code § 16-12-510 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-510. through 16-12-512 reserved

  16-12-510 through 16-12-512 reserved.
MT Code § 16-12-513 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-513. Registry identification card to be exhibited on demand -- photo identification required

  16-12-513. (Effective January 1, 2022) Registry identification card to be exhibited on demand -- photo identification required. (1) A registered cardholder shall keep the individual's registry identification card in the individual's immediate possession at all times. The registry identification card and a valid photo identification must be displayed upon demand of a law enforcement officer, justice of the peace, or city or municipal judge.  (2) The department shall ensure that law enforcement officers have access to accurate and up-to-date information on persons registered under this part.   (3) Beginning on January 1, 2022, a registered cardholder may request, at their next annual renewal, that the department include on his or her registry identification card the name of up to two individuals who are authorized to acquire and deliver marijuana or marijuana products to the cardholder from a licensed dispensary. Any individual so identified must be at least 21 years of age, possess the registry identification card at all relevant times, and otherwise comply with the daily possession limits set forth in this chapter and rules adopted by the department.   History: En. Sec. 14, Ch. 576, L. 2021.
MT Code § 16-12-514 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-514. Health care facility procedures for patients with marijuana for use

  16-12-514. (Effective January 1, 2022) Health care facility procedures for patients with marijuana for use. (1) (a) A health care facility as defined in 50-5-101 shall take the following measures when a patient who is a registered cardholder has marijuana in the patient's possession upon admission to the health care facility:  (i) require the patient to remove the marijuana from the premises before the patient is admitted if the patient is able to do so; or   (ii) make a reasonable effort to contact the patient's cultivator, manufacturer, or medical marijuana dispensary, court-appointed guardian, or individual with a power of attorney, if any.   (b) If a patient is unable to remove the marijuana or the health care facility is unable to contact an individual as provided in subsection (1)(a), the facility shall contact the local law enforcement agency having jurisdiction in the area where the facility is located.   (2) A cultivator, manufacturer, or medical marijuana dispensary, court-appointed guardian, or individual with a power of attorney, if any, contacted by a health care facility shall remove the marijuana and deliver it to the patient's residence.   (3) A law enforcement agency contacted by a health care facility shall respond by removing and destroying the marijuana.   (4) A health care facility may not be charged for costs related to removal of the marijuana from the facility's premises.   History: En. Sec. 15, Ch. 576, L. 2021.
MT Code § 16-12-516 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-516. through 16-12-519 reserved

  16-12-516 through 16-12-519 reserved.
MT Code § 16-12-521 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-521. and 16-12-522 reserved

  16-12-521 and 16-12-522 reserved.
MT Code § 16-12-523 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-523. Unlawful conduct by cardholders -- penalties

  16-12-523. (Effective January 1, 2022) Unlawful conduct by cardholders -- penalties. (1) The department shall revoke and may not reissue the registry identification card of an individual who:  (a) is convicted of a drug offense; or   (b) allows another individual to be in possession of the individual's:   (i) registry identification card, except as provided for in 16-12-513; or   (ii) mature marijuana plants, seedlings, usable marijuana, or marijuana products.   (2) If no other penalty is specified under this part, a registered cardholder who violates this part is punishable by a fine not to exceed $500 or by imprisonment in a county jail for a term not to exceed 6 months, or both, unless otherwise provided in this part or unless the violation would constitute a violation of Title 45. An offense constituting a violation of Title 45 must be charged and prosecuted pursuant to the provisions of Title 45.   (3) Review of a department action imposing a fine, suspension, or revocation under this section must be conducted as a contested case hearing under the provisions of the Montana Administrative Procedure Act.   History: En. Sec. 18, Ch. 576, L. 2021.
MT Code § 16-12-524 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-524. Fraudulent representation -- penalties

  16-12-524. (Effective January 1, 2022) Fraudulent representation -- penalties. (1) In addition to any other penalties provided by law, an individual who fraudulently represents to a law enforcement official that the individual is a registered cardholder is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not to exceed 1 year or a fine not to exceed $1,000, or both.  (2) A physician who purposely and knowingly misrepresents any information required under 16-12-509 is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not to exceed 1 year or a fine not to exceed $1,000, or both.   History: En. Sec. 19, Ch. 576, L. 2021.
MT Code § 16-12-525 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-525. Confidentiality of registry information -- penalty

  16-12-525. (Effective January 1, 2022) Confidentiality of registry information -- penalty. (1) Except as provided in 37-3-203, a person, including an employee or official of the department, commits the offense of disclosure of confidential information related to registry information if the person knowingly or purposely discloses confidential information in violation of this part.  (2) A person convicted of a violation of this section shall be fined not to exceed $1,000 or imprisoned in the county jail for a term not to exceed 6 months, or both.   History: En. Sec. 20, Ch. 576, L. 2021.
MT Code § 16-12-526 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-526. Law enforcement authority

  16-12-526. (Effective January 1, 2022) Law enforcement authority. Nothing in this chapter may be construed to limit a law enforcement agency's ability to investigate unlawful activity in relation to an individual with a registry identification card.  History: En. Sec. 21, Ch. 576, L. 2021.
MT Code § 16-12-527 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-527. through 16-12-531 reserved

  16-12-527 through 16-12-531 reserved.
MT Code § 16-12-532 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 5. Medical Marijuana|16-12-532. Legislative monitoring

  16-12-532. (Effective January 1, 2022) Legislative monitoring. (1) The economic affairs interim committee shall provide oversight of the department's activities pursuant to this part, including but not limited to monitoring of:  (a) the number of registered cardholders; and   (b) the number and type of violations committed by registered cardholders, together with the penalties imposed upon registered cardholders by the department.   (2) The committee shall identify issues likely to require future legislative attention and develop legislation to present to the next regular session of the legislature.   (3) (a) The department shall periodically report to the economic affairs interim committee and submit a report to the legislative clearinghouse, as provided in 5-11-210, on persons who are registered pursuant to this part. The report must include:   (i) the number of applications for registry identification cards and the number of registered cardholders approved;   (ii) the nature of the debilitating medical conditions of the cardholders;   (iii) the number of registry identification cards and licenses revoked; and   (iv) the number of physicians providing written certification for registered cardholders and the number of written certifications each physician has provided.   (b) The report may not provide any identifying information of cardholders or physicians.   (4) The board of medical examiners shall report annually to the economic affairs interim committee on the number and types of complaints the board has received involving physician practices in providing written certification for the use of marijuana, pursuant to 37-3-203.   (5) The reports provided for in subsections (3) and (4) must also be provided to the revenue interim committee provided for in 5-5-227.   History: En. Sec. 22, Ch. 576, L. 2021.