reglab/housing_qa huggingface dataset:
MT Code § 16-12-201 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-201. Licensing of cultivators, manufacturers, and dispensaries

  16-12-201. (Effective January 1, 2022) Licensing of cultivators, manufacturers, and dispensaries. (1) (a) Between January 1, 2022, and June 30, 2023, the department may only accept applications from and issue licenses to former medical marijuana licensees that were licensed by or had an application pending with the department of public health and human services on November 3, 2020, and are in good standing with the department and in compliance with this chapter, rules adopted by the department, and any applicable local regulations or ordinances as of January 1, 2022.  (b) The department shall begin accepting applications for and issuing licenses to cultivate, manufacture, or sell marijuana or marijuana products to applicants who are not former medical marijuana licensees under subsection (1)(a) on or after July 1, 2023.   (2) (a) The department shall adopt rules to govern the operation of former medical marijuana licensees and facilitate the process of transitioning former medical marijuana licensees to the appropriate license under this chapter with a minimum of disruption to business operations.   (b) Beginning January 1, 2022, a former medical marijuana licensee may sell marijuana and marijuana products to registered cardholders at the medical tax rate set forth in 15-64-102 and to consumers at the adult-use marijuana tax rate set forth in 15-64-102 under the licensee's existing license in a jurisdiction that allows for the operation of marijuana businesses pursuant to 16-12-301 until the former medical marijuana licensee's next license renewal date, by which time the former medical licensee must have applied for and obtained the appropriate licensure under this chapter to continue operations, unless an extension of time is granted by the department.   (c) (i) Except as provided in subsection (2)(c)(ii), for the purpose of this subsection (2), "appropriate licensure" means a cultivator license, medical marijuana dispensary license, adult-use dispensary license, and, if applicable, a manufacturer license.   (ii) A former medical marijuana licensee who sells marijuana and marijuana products exclusively to registered cardholders is not required to obtain an adult-use dispensary license.   (3) The department may amend or issue licenses to provide for staggered expiration dates. The department may provide for initial license terms of greater than 12 months but no more than 23 months in adopting staggered expiration dates. Thereafter, licenses expire annually. License fees for the license term implementing staggered license terms may be prorated by the department.   History: En. Sec. 5, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 49, Ch. 576, L. 2021.
MT Code § 16-12-204 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-204. Renumbered 16-12-221

  16-12-204. Renumbered 16-12-221. Code Commissioner, 2021.
MT Code § 16-12-205 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-205. Repealed

  16-12-205. Repealed. Sec. 104, Ch. 576, L. 2021. (Repealer effective January 1, 2022.)  History: En. Sec. 11, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-206 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-206. Testing laboratories -- licensing inspections

  16-12-206. (Effective January 1, 2022) Testing laboratories -- licensing inspections. (1) A testing laboratory may:  (a) measure the tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid content of marijuana and marijuana products; and   (b) test marijuana and marijuana products for pesticides, solvents, moisture levels, mold, mildew, and other contaminants. A testing laboratory may transport samples to be tested.   (2) A licensed testing laboratory shall employ a scientific director who is responsible for ensuring the achievement and maintenance of quality standards of practice. A scientific director must have the following minimum qualifications:   (a) a doctorate in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 2 years of postdegree laboratory experience; or   (b) a master's degree in chemical or biological sciences from a college or university accredited by a national or regional certifying authority and a minimum of 4 years of postdegree laboratory experience.   (3) All owners and employees of a testing laboratory shall submit fingerprints to the department to facilitate a fingerprint and background check as set forth in 16-12-129. A testing laboratory may not be owned, operated, or staffed by a person who has been convicted of a felony offense.   (4) To qualify for licensure, a testing laboratory shall demonstrate that:   (a) staff members are proficient in operation of the laboratory equipment; and   (b) the laboratory:   (i) maintains the equipment and instrumentation required by rule;   (ii) has all equipment and instrumentation necessary to certify results that meet the quality assurance testing requirements established by rule, including the ability to certify results at the required level of sensitivity;   (iii) meets insurance and bonding requirements established by rule;   (iv) has the capacity and ability to serve rural areas of the state; and   (v) has passed a proficiency program approved by the state laboratory that demonstrates it is able to meet all testing requirements.   (5) Except as provided in 16-12-209, a testing laboratory shall conduct tests of:   (a) samples of marijuana and marijuana products submitted by cultivators and manufacturers pursuant to 16-12-209 and related administrative rules prior to sale of the marijuana or marijuana products;   (b) samples of marijuana or marijuana products collected by the department during inspections of licensed premises; and   (c) samples submitted by consumers or registered cardholders.   History: En. Sec. 12, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 53, Ch. 576, L. 2021.
MT Code § 16-12-209 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-209. Testing of marijuana and marijuana products

  16-12-209. (Effective January 1, 2022) Testing of marijuana and marijuana products. (1) A cultivator, manufacturer, adult-use dispensary, or medical marijuana dispensary may not sell marijuana or marijuana products until the marijuana or marijuana products have been tested by a testing laboratory and meet the requirements of this section. The licensee shall pay for the testing.  (2) A licensee shall submit material that has been collected in accordance with a sampling protocol established by the state laboratory by rule. The protocol must address the division of marijuana and marijuana products into batch sizes for testing.   (3) The state laboratory shall adopt rules regarding the types of tests that must be performed to ensure product safety and consumer protection. Rules must include but are not limited to testing for:   (a) the potency of the cannabinoids present; and   (b) the presence of contaminants.   (4) The testing laboratory shall conduct a visual inspection of each batch to determine the presence of levels of foreign matter, debris, insects, and visible mold.   (5) The state laboratory shall establish by rule the acceptable levels of moisture, pesticides, residual solvents, mold, mildew, foreign matter, debris, insects, and other contaminants that marijuana products may contain.   (6) The testing laboratory shall:   (a) issue a certificate of analysis certifying the test results; and   (b) report the results to the seed-to-sale tracking system established pursuant to 16-12-105.   (7) A licensee may request that material that has failed to pass the required tests be retested in accordance with the rules adopted by the state laboratory providing for retesting parameters and requirements.   (8) Marijuana or a marijuana product must include a label indicating that the marijuana or marijuana product has been tested.   (9) (a) The department shall collect and, except as provided in subsection (9)(b), destroy samples of marijuana and marijuana products that fail to meet the acceptable levels to ensure product safety and consumer protection.   (b) If a sample fails due to THC levels in excess of the allowable limit and is not deficient in any other respect, the department may dispose of the sample by means other than destruction in accordance with rule.   (c) The department may contract for the duties under this subsection (9).   History: En. Sec. 17, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 56, Ch. 576, L. 2021.
MT Code § 16-12-211 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-211. Limitations on advertising -- rulemaking

  16-12-211. (Effective January 1, 2022) Limitations on advertising -- rulemaking. (1) Except as provided in subsection (3), persons with licenses may not advertise marijuana or marijuana products.  (2) A listing in a directory of businesses authorized under this chapter is not advertising for the purposes of this section.   (3) (a) A licensee may engage in electronic advertising such as maintaining a website and advertising on web applications, provided that no electronic advertisement produced by the licensee contains a statement or illustration that:   (i) is false or misleading;   (ii) promotes overconsumption of marijuana or marijuana products;   (iii) depicts the actual consumption of marijuana or marijuana products;   (iv) depicts a person under 21 years of age consuming marijuana;   (v) makes any health, therapeutic, or medicinal claims about marijuana or marijuana products; or   (vi) is designed in a way that is likely to appeal to minors and includes cartoons, animals, children, or any other likeness to images, characters, or phrases that are designed in any manner to be appealing or to encourage consumption of marijuana by persons under 21 years of age.   (b) A licensee may not advertise marijuana or marijuana products using pop-up advertisements that display in a new internet browser window.   (c) A licensee may not direct advertising of marijuana or marijuana products toward mobile devices in the form of push notifications unless users affirmatively opt in to receiving push notifications related to marijuana or marijuana products.   (4) The department shall adopt rules to clearly identify the activities that constitute advertising that are prohibited under this section.   History: En. Sec. 24, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 2, Ch. 505, L. 2021; amd. Sec. 58, Ch. 576, L. 2021.
MT Code § 16-12-212 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-212. through 16-12-214 reserved

  16-12-212 through 16-12-214 reserved.
MT Code § 16-12-215 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-215. Required warning labels

  16-12-215. (Effective January 1, 2022) Required warning labels. A person may not manufacture, package, sell, or transfer any marijuana or marijuana product unless the package containing the marijuana or marijuana product bears the following statements in a form required by the department:  (1) "WARNING: Consumption of marijuana may cause anxiety, agitation, paranoia, psychosis, and cannabinoid hyperemesis."   (2) "WARNING: Consumption of marijuana by pregnant women may result in fetal injury and low birth weight."   (3) "WARNING: Consumption of marijuana by nursing mothers may result in infant hyperactivity and poor cognitive function."   History: En. Sec. 109, Ch. 576, L. 2021.
MT Code § 16-12-216 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-216. through 16-12-220 reserved

  16-12-216 through 16-12-220 reserved.
MT Code § 16-12-221 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-221. Manufacturer -- requirements -- limitations -- fees

  16-12-221. (Effective January 1, 2022) Manufacturer -- requirements -- limitations -- fees. (1) A person licensed as a manufacturer shall:  (a) prepare marijuana products at a licensed premises exclusively; and   (b) use equipment that is used exclusively for the manufacture and preparation of marijuana products.   (2) All licensed premises on which marijuana products are manufactured must meet any applicable standards set by a local board of health for a retail food establishment as defined in 50-50-102.   (3) An applicant for a manufacturer license shall demonstrate that the local government approval provisions contained in 16-12-301 have been satisfied in the jurisdiction where each proposed manufacturing facility is located if a proposed facility would be located in a county in which the majority of voters voted against approval of Initiative Measure No. 190 in the November 3, 2020, general election.   (4) When evaluating an initial or renewal application, the department shall evaluate each proposed manufacturing facility for compliance with the provisions of 16-12-207 and 16-12-210.   (5) Marijuana products may not be considered a food or drug for the purposes of Title 50, chapter 31.   (6) (a) The department shall charge a manufacturer license fee for an initial application and at each renewal. The license fee is based on the amount of concentrate produced at a manufacturing facility on a monthly basis. The annual fees for licensees are:   (i) $5,000 for each manufacturing facility that produces, on a monthly basis, less than 1 pound of concentrate and up to 10 pounds of concentrate;   (ii) $10,000 for each manufacturing facility that produces, on a monthly basis, between 10 pounds of concentrate and 15 pounds of concentrate; and   (iii) $20,000 for each manufacturing facility that produces, on a monthly basis, 15 pounds or more of concentrate.   (b) The department may create additional fee levels as necessary.   (c) A manufacturer may apply to advance to the next licensing level in conjunction with a regular renewal application by demonstrating that its proposed additional or expanded manufacturing facility or facilities are located in a jurisdiction where the local government approval provisions contained in 16-12-301 have been satisfied or that they are located in a county in which the majority of voters voted to approve Initiative Measure No. 190 in the November 3, 2020, general election.   (7) The department may adopt rules:   (a) for the inspection of proposed manufacturing facilities;   (b) for investigating the amount of concentrate produced at a manufacturing facility; and   (c) for investigating owners or applicants for a determination of beneficial ownership or financial interest.   History: En. Sec. 10, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 52, Ch. 576, L. 2021; Sec. 16-12-204, MCA 2020; redes. 16-12-221 by Code Commissioner, 2021.
MT Code § 16-12-225 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-225. Combined-use marijuana licensing -- requirements

  16-12-225. (Effective January 1, 2022) Combined-use marijuana licensing -- requirements. (1) The department may issue a total of eight combined-use marijuana licenses to entities that are:  (a) a federally recognized tribe located in the state; or   (b) a business entity that is majority-owned by a federally recognized tribe located in the state.   (2) A combined-use marijuana license consists of one tier 1 canopy license and one dispensary license allowing for the operation of a dispensary. Cultivation and dispensary facilities must be located at the same licensed premises.   (3) A combined-use marijuana licensee shall operate its cultivation and dispensary facilities on land that is located:   (a) within 150 air-miles of the exterior boundary of the associated tribal reservation or, for the Little Shell Chippewa tribe only, within 150 air-miles of the tribal service area; and   (b) in a county that has satisfied the local government approval provisions in 16-12-301 if the majority of voters in the county voted against approval of Initiative Measure No. 190 in the November 3, 2020, general election.   (4) An applicant under this section must satisfy all licensing requirements under this chapter and is subject to all fees and taxes associated with the cultivation and sale of marijuana or marijuana products provided for in this chapter.   (5) A license granted under this section must be operated in compliance with all requirements imposed under this chapter.   (6) After a tribe or a majority-owned business of that tribe is licensed under this section, that tribe or another majority-owned business of that tribe may not obtain another combined-use license until the prior license is relinquished, lapses, or is revoked by the department.   History: En. Sec. 6, Ch. 576, L. 2021.
MT Code § 16-12-226 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 2. Licensing and Regulation|16-12-226. Marijuana worker permit -- requirements

  16-12-226. (Effective January 1, 2022) Marijuana worker permit -- requirements. (1) A marijuana worker permit is required for an employee who performs work for or on behalf of a marijuana business if the individual participates in any aspect of the marijuana business.  (2) (a) Except as provided in subsection (2)(b), a marijuana business may not allow an employee to perform any work at the licensed premises until it has verified that the employee has obtained a valid marijuana worker permit issued in accordance with this chapter.   (b) An employee of a former medical marijuana licensee in good standing with the department as of January 1, 2022, shall obtain a marijuana worker permit within 90 days of January 1, 2022.   (3) An applicant for a marijuana worker permit shall submit:   (a) an application on a form prescribed by the department with information including the applicant's:   (i) name;   (ii) mailing address;   (iii) date of birth;   (iv) signature; and   (v) response to conviction history questions requested by the department;   (b) a copy of a driver's license or identification card issued by one of the fifty states in the United States or a passport;   (c) annual proof of having passed training that includes identification, prevention, and reporting for human trafficking, rules and regulations for legal sales of marijuana in Montana, and any other training required by the department; and   (d) a fee established by the department.   (4) (a) Except as provided in subsection (4)(b), an application that does not contain the elements set forth in subsection (3) is incomplete.   (b) The department may review an application prior to receiving the fee but may not issue a permit until the fee is received.   (5) The department shall deny an initial or renewal application if the applicant:   (a) is not 18 years of age or older;   (b) has had a marijuana license or worker permit revoked for a violation of this chapter or any rule adopted under this chapter within 2 years of the date of the application;   (c) has violated any provision of this chapter; or   (d) makes a false statement to the department.   (6) An employee of a licensee shall carry the employee's worker permit at all times when performing work on behalf of a marijuana business.   (7) A person who holds a marijuana worker permit must notify the department in writing within 10 days of:   (a) a conviction for a felony;   (b) the issuance of any citation for violating a marijuana law imposed under this chapter or the marijuana laws of any other state; or   (c) the issuance of any citation for selling or dispensing alcohol or tobacco products to a minor.   History: En. Sec. 7, Ch. 576, L. 2021.
MT Code § 16-12-302 (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|16-12-302. Fraudulent representation -- penalties

  16-12-302. (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 cultivator, manufacturer, adult-use dispensary, medical marijuana dispensary, testing laboratory, or marijuana transporter or has a marijuana worker permit is guilty of a civil fine not to exceed $1,000.  (2) An individual convicted under this section may not be licensed under this chapter.   History: En. Sec. 21, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 60, Ch. 576, L. 2021.
MT Code § 16-12-303 (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|16-12-303. Law enforcement authority

  16-12-303. (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 a person or individual with a license.  History: En. Sec. 22, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-304 (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|16-12-304. Forfeiture

  16-12-304. Forfeiture. (1) Marijuana, paraphernalia relating to marijuana, or other property seized by a law enforcement official from a person claiming the protections of this chapter in connection with the cultivation, manufacture, possession, transportation, distribution, or use of marijuana must be returned to the person immediately upon a determination that the person is in compliance with the provisions of this chapter.   (2) A law enforcement agency in possession of mature marijuana plants or seedlings seized as evidence is not responsible for the care and maintenance of the plants or seedlings.   History: En. Sec. 23, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-305 (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|16-12-305. through 16-12-308 reserved

  16-12-305 through 16-12-308 reserved.
MT Code § 16-12-309 (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|16-12-309. Local government taxing authority -- specific delegation

  16-12-309. (Effective January 1, 2022) Local government taxing authority -- specific delegation. As required by 7-1-112, 16-12-309 through 16-12-312, and 16-12-317 specifically delegate to the qualified electors of a county the power to authorize their county to impose a local-option marijuana excise tax within the corporate boundary of the county.  History: En. Sec. 94, Ch. 576, L. 2021.