reglab/housing_qa huggingface dataset:
MT Code § 16-12-101 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-101. Short title -- purpose

  16-12-101. (Effective January 1, 2022) Short title -- purpose. (1) This chapter may be cited as the "Montana Marijuana Regulation and Taxation Act".  (2) The purpose of this chapter is to:   (a) provide for legal possession and use of limited amounts of marijuana legal for adults 21 years of age or older;   (b) provide for the licensure and regulation of the cultivation, manufacture, production, distribution, transportation, and sale of marijuana and marijuana products;   (c) eliminate the illicit market for marijuana and marijuana products;   (d) prevent the distribution of marijuana sold under this chapter to persons under 21 years of age;   (e) ensure the safety of marijuana and marijuana products;   (f) ensure the security of licensed premises;   (g) establish reporting requirements for licensees;   (h) establish inspection requirements for licensees, including data collection on energy use, chemical use, water use, and packaging waste to ensure a clean and healthy environment;   (i) provide for the testing of marijuana and marijuana products by licensed testing laboratories;   (j) give local governments authority to allow for the operation of marijuana businesses in their community and establishing standards for the cultivation, manufacture, and sale of marijuana that protect the public health, safety, and welfare of residents within their jurisdictions;   (k) tax the sale of marijuana and marijuana products to provide compensation for the economic and social costs of marijuana;   (l) authorize courts to resentence persons who are currently serving sentences for acts that are permitted under this chapter or for which the penalty is reduced by this chapter and to redesignate or expunge those offenses from the criminal records of persons who have completed their sentences as set forth in this chapter; and   (m) preserve and protect Montana's well-established hemp industry by drawing a clear distinction between those participants and programs and the participants and programs associated with the marijuana industry.   (3) Marijuana and marijuana products are not agricultural products, and the cultivation, processing, manufacturing or selling of marijuana or marijuana products is not considered agriculture subject to regulation by the department of agriculture unless expressly provided.   History: En. Sec. 1, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 37, Ch. 576, L. 2021.
MT Code § 16-12-103 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-103. Department authority

  16-12-103. (Effective January 1, 2022) Department authority. The department shall license and regulate the cultivation, manufacture, transport, and sale of marijuana as allowed by this chapter and shall administer and enforce this chapter.  History: En. Sec. 3, I.M. No. 190, approved Nov. 3, 2020.
MT Code § 16-12-105 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-105. Department responsibility to monitor and assess marijuana production, testing, sales, and license revocation

  16-12-105. (Effective January 1, 2022) Department responsibility to monitor and assess marijuana production, testing, sales, and license revocation. (1) (a) The department shall implement a system for tracking marijuana and marijuana products from either the seed or the seedling stage until it is sold to a consumer or registered cardholder.  (b) The system must ensure that marijuana and marijuana products cultivated, manufactured, possessed, and sold under this chapter are not sold or otherwise provided to an individual who is under 21 years of age unless that person is a registered cardholder.   (c) The system must be made available to licensees, except that licensees shall bear the responsibility and cost for procuring unique identification tracking tags to facilitate the tracking of marijuana and marijuana products.   (2) The department shall, if technology allows, require use of a mandatory semicashless payment system occurring at the point of sale for all dispensaries. Adult-use dispensaries and medical marijuana dispensaries are required to utilize a semicashless point-of-sale system when selling marijuana and marijuana products to consumers or registered cardholders. The department may establish by rule the requirements, standards, and private company that a licensee must use when utilizing such a system in a dispensary. The semicashless processor is authorized to make deposits to an account specified by the department for tax collection.   (3) The department is authorized to share seed-to-sale information with the licensee's depository institution, any other government agency, or the semicashless processor.   History: En. Sec. 6, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 40, Ch. 576, L. 2021.
MT Code § 16-12-107 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-107. Legal protections -- allowable amounts

  16-12-107. (Effective January 1, 2022) Legal protections -- allowable amounts. (1) A cultivator may have the canopy allotment allowed by the department.  (2) Except as provided in 16-12-108, a person licensed under this chapter may not be arrested, prosecuted, penalized, or denied any right or privilege, including but not limited to civil fine or disciplinary action by a professional licensing board or the department of labor and industry, solely because the person cultivates, manufactures, possesses, or transports marijuana in the amounts and manner allowed under this chapter.   (3) A person may not be arrested or prosecuted for possession, conspiracy as provided in 45-4-102, or any other offense solely for being in the presence or vicinity of the use of marijuana and marijuana products as permitted under this chapter.   (4) Except as provided in 16-12-210, possession of or application for a license does not solely constitute probable cause to search a person or the property of a person or otherwise subject a person or property of a person to inspection by any governmental agency, including a law enforcement agency.   (5) The provisions of this section relating to protection from arrest or prosecution do not apply to a person unless the person has obtained a license prior to an arrest or the filing of a criminal charge. It is not a defense to a criminal charge that a person obtains a license after an arrest or the filing of a criminal charge.   (6) A cultivator or manufacturer is presumed to be engaged in the use of marijuana as allowed by this chapter if the person is in possession of an amount of marijuana that does not exceed the amount permitted under this chapter.   History: En. Sec. 14, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 42, Ch. 576, L. 2021.
MT Code § 16-12-110 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-110. Legislative monitoring

  16-12-110. (Effective January 1, 2022) Legislative monitoring. (1) The economic affairs interim committee shall provide oversight of the department's activities pursuant to this chapter, including but not limited to monitoring of:  (a) the number of licensees;   (b) issues related to the cultivation, manufacture, sale, testing, and use of marijuana; and   (c) the development, implementation, and use of the seed-to-sale tracking system established in accordance with 16-12-105.   (2) The economic affairs interim 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 licensed or registered pursuant to 16-12-203. The report must include:   (i) the number of cultivators, manufacturers, and dispensaries licensed pursuant to this chapter;   (ii) the number and type of violations committed by licensees;   (iii) the number of licenses revoked; and   (iv) the amount of marijuana and marijuana products cultivated and sold pursuant to this chapter.   (b) The report may not provide any identifying information of cultivators, manufacturers, and dispensaries except basic geographic or other statistical information.   (4) The report on inspections required under 16-12-210 must include, at a minimum, the following information for both announced and unannounced inspections:   (a) the number of inspections conducted, by canopy licensure tier;   (b) the number of licensees that were inspected more than once during the year;   (c) the number of inspections that were conducted because of complaints made to the department; and   (d) the types of enforcement actions taken as a result of the inspections.   History: En. Sec. 25, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 45, Ch. 576, L. 2021.
MT Code § 16-12-111 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-111. Marijuana state special revenue account -- operating reserve -- transfer of excess funds

  16-12-111. Marijuana state special revenue account -- operating reserve -- transfer of excess funds. (1) There is a dedicated marijuana state special revenue account within the state special revenue fund established in 17-2-102, to be administered by the department.  (2) The account consists of:   (a) money deposited into the account pursuant to this chapter;   (b) the taxes collected pursuant to Title 15, chapter 64, part 1;   (c) license and registered cardholder fees deposited into the account pursuant to this chapter;   (d) taxes deposited into the account pursuant to 16-12-310; and   (e) civil penalties collected under this chapter.   (3) Except as provided in subsection (4), money in the account must be used by the department for the purpose of administering the provisions of this chapter.   (4) At the end of each fiscal year, the department shall transfer funds in excess of a 3-month operating reserve necessary to fund operating costs at the beginning of the next fiscal year in the following order:   (a) an amount not to exceed $6 million must be transferred to the healing and ending addiction through recovery and treatment (HEART) account established in 16-12-122;   (b) the net balance remaining after distribution to the HEART account must be distributed as follows:   (i) 20% to the credit of the department of fish, wildlife, and parks to be used solely as funding for wildlife habitat in the same manner as funding generated under 87-1-242(3) and used pursuant to 87-1-209;   (ii) 4% to the state park account established in 23-1-105(1);   (iii) 4% to the trails and recreational facilities account established in 23-2-108;   (iv) 4% to the nongame wildlife account established in 87-5-121;   (v) 3% or $200,000, whichever is less, to the veterans and surviving spouses state special revenue account provided for in 10-2-108;   (vi) for the biennium beginning July 1, 2021, $300,000 to the department of justice to administer grant funding to local and state law enforcement agencies for the purpose of purchasing and training drug detection canines and canine handlers, including canines owned by local law enforcement agencies to replace canines who were trained to detect marijuana;   (vii) $150,000 to the board of crime control to fund crisis intervention team training as provided in 44-7-110; and   (viii) the remainder to the general fund. (Subsection (4)(b)(vi) terminates June 30, 2025--sec. 117(2), Ch. 576, L. 2021.)   History: En. Sec. 35, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 46, Ch. 576, L. 2021.
MT Code § 16-12-114 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-114. Definitions

  16-12-114. Definitions. As used in 16-12-114 through 16-12-116, unless the context clearly indicates otherwise, the following definitions apply:  (1) "Expungement or resentencing of marijuana conviction court" means the court that is responsible for determining petitions for expungement and resentencing as provided in 16-12-113.   (2) "Petition for expungement or resentencing" means a petition filed pursuant to 16-12-113 seeking expungement or resentencing of a marijuana conviction.   History: En. Sec. 101, Ch. 576, L. 2021.
MT Code § 16-12-115 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-115. Appointment of judge

  16-12-115. Appointment of judge. (1) A petition for expungement or resentencing of a marijuana conviction filed as provided in 16-12-113 may be determined by a judge pro tempore or special master, who must be a member of the bar of the state, agreed on in writing by the petitioner and the county attorney, appointed by the supreme court as provided in 3-5-115, and sworn to determine whether the petitioner meets the criteria for expungement or resentencing as provided in 16-12-113. On appointment, the individual must be designated as the decriminalized marijuana conviction expungement judge.  (2) A judge appointed under subsection (1) has the authority and power of an elected district court judge in the civil action involving petitions filed as provided in 16-12-113. All proceedings must be conducted in accordance with the rules of evidence and procedure governing district courts.   (3) Any determination rendered in a petition by the judge has the same force and effect as if determined by the district court with the regular judge presiding.   (4) A party stipulating to have a petition determined by the judge appointed under subsection (1) may not file a motion for substitution of the judge pursuant to 3-1-804.   (5) All filings relating to a petition filed as provided in 16-12-113 must be filed with the clerk of court in the judicial district in which the marijuana conviction took place. The applicant and the county attorney shall provide a copy of each filing to the judge appointed as provided in subsection (1).   History: En. Sec. 102, Ch. 576, L. 2021.
MT Code § 16-12-116 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-116. Petition for expungement -- venue

  16-12-116. Petition for expungement -- venue. When the applicant requests a hearing, as provided in 16-12-113, the judge appointed as provided in 16-12-115 may hear the petition in any venue stipulated by the petitioner and the county attorney, as provided in 25-2-202, or in any venue otherwise determined by the judge in accordance with a stipulation of the petitioner and the county attorney. In stipulating venue, the petitioner and the county attorney shall take into consideration the availability of courtroom facilities. The judge may prepare a list of available courtroom facilities for consideration.  History: En. Sec. 103, Ch. 576, L. 2021.
MT Code § 16-12-117 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-117. through 16-12-121 reserved

  16-12-117 through 16-12-121 reserved.
MT Code § 16-12-122 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-122. Healing and ending addiction through recovery and treatment account

  16-12-122. (Effective January 1, 2022) Healing and ending addiction through recovery and treatment account. (1) There is a healing and ending addiction through recovery and treatment account in the state special revenue fund. The account consists of money transferred to the account pursuant to 16-12-111.  (2) Revenue in the account must be used to provide statewide programs for:   (a) substance use disorder prevention;   (b) mental health promotion; and   (c) crisis, treatment, and recovery services for substance use and mental health disorders.   (3) The programs must be designed to:   (a) increase the number of individuals choosing treatment over incarceration;   (b) improve access to, utilization of, and engagement and retention in prevention, treatment, and recovery support services;   (c) expand the availability of community-based services that reflect best practices or are evidence-based;   (d) leverage additional federal funds when available for the healthy Montana kids plan provided for in Title 53, chapter 4, part 11, and the medicaid program provided for in Title 53, chapter 6, for the purposes of this section;   (e) provide funding for programs and services that are described in subsections (2)(a) through (2)(c) and provided on an Indian reservation located in this state; or   (f) provide funding for grants and services to tribes for use in accordance with this section.   (4) (a) An amount not to exceed $500,000, including eligible federal matching sources when applicable, must be used to provide funding for grants and services to tribes for tobacco prevention and cessation, substance use disorder prevention, mental health promotion, and substance use disorder and mental health crisis, treatment, and recovery services.   (b) The department of public health and human services shall manage the programs funded by the special revenue account and shall adopt rules to implement the programs.   (5) The legislature shall appropriate money from the state special revenue account provided for in this section for the programs referred to in this section.   (6) Programs funded under this section must be funded through contracted services with service providers.   History: En. Sec. 100, Ch. 576, L. 2021.
MT Code § 16-12-123 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-123. and 16-12-124 reserved

  16-12-123 and 16-12-124 reserved.
MT Code § 16-12-125 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-125. Hotline

  16-12-125. (Effective January 1, 2022) Hotline. (1) The department shall create and maintain a hotline to receive reports of suspected abuse of the provisions of this chapter.  (2) An individual making a complaint must be a resident and shall provide the individual's name, street address, and phone number.   (3) (a) The department shall provide a copy of the complaint to the person or licensee that is the subject of the complaint.   (b) The department may not redact the individual's name or city of residence from the complaint copy.   (4) The department may:   (a) investigate reports of suspected abuse of the provisions of this chapter; or   (b) refer reports of suspected abuse to the law enforcement agency having jurisdiction in the area where the suspected abuse is occurring.   History: En. Sec. 1, Ch. 576, L. 2021.
MT Code § 16-12-126 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-126. through 16-12-128 reserved

  16-12-126 through 16-12-128 reserved.
MT Code § 16-12-129 (2021)
2021 Montana Code Annotated|Title 16. Alcohol, Tobacco, and Marijuana|Chapter 12. Marijuana Regulation and Taxation|Part 1. General Provisions|16-12-129. Department to conduct background checks

  16-12-129. (Effective January 1, 2022) Department to conduct background checks. (1) In addition to any other requirement imposed under this chapter, before issuing any license under this chapter the department shall conduct:  (a) a fingerprint-based background check meeting the requirements for a fingerprint-based background check by the department of justice and the federal bureau of investigation in association with an application for initial licensure and every 5 years thereafter; and   (b) a name-based background check in association with an application for initial licensure and each year thereafter except years that an applicant is required to submit fingerprints for a fingerprint-based background check.   (2) For the purpose of the background records check required under subsection (1), the department shall obtain fingerprints from each individual listed on an application submitted under this chapter and each individual who has a controlling beneficial ownership or financial interest in the license or prospective license, including:   (a) each partner of an applicant that is a limited partnership;   (b) each member of an applicant that is a limited liability company;   (c) each director and officer of an applicant that is a corporation;   (d) each individual who holds a 5% financial interest in the license applicant or is a controlling beneficial owner of the person applying for the license; and   (e) each individual who is a partner, member, director, or officer of a legal entity that holds a 5% financial interest in the license applicant or is a controlling beneficial owner of the person applying for the license.   (3) (a) Except as provided in subsection (3)(b), an employee of a marijuana business shall undergo a criminal background check prior to beginning employment.   (b) An employee of a former medical marijuana licensee in good standing with the department as of January 1, 2022, shall undergo a criminal background check within 90 days of January 1, 2022.   (4) The department may establish procedures for obtaining fingerprints for the fingerprint-based and name-based background checks required under this section.   History: En. Sec. 2, Ch. 576, L. 2021.