2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 12. Marijuana Regulation and Taxation › Part 2. Licensing and Regulation › 16-12-222. Licensing of marijuana transporters

16-12-222. Licensing of marijuana transporters.
(1) (a) A marijuana transporter license may be issued to a person to provide logistics, distribution, delivery, and storage of marijuana and marijuana products. A marijuana transporter license is valid for 2 years. A licensed marijuana transporter is responsible for the marijuana and marijuana products after it takes control of the marijuana or marijuana product.
(b) A marijuana transporter may contract with multiple licensed marijuana businesses.
(c) Except as otherwise provided in this section, all persons who transport marijuana or marijuana products must hold a valid marijuana transporter license.
(d) The department shall establish by rule the requirements for licensure and the applicable fee for a marijuana transporter license or the renewal of a transporter license. The department may not license a person to be a marijuana transporter if the applicant meets any of the criteria established for denial of a license under 16-12-203(2).
(2) A person who is not licensed under this chapter shall apply for and obtain a marijuana transporter license in order to transport marijuana or marijuana products.
(3) A registered cardholder or consumer is not required to possess a marijuana transporter license when purchasing marijuana or marijuana products at a dispensary.
(4) A person who obtains a cultivator license, manufacturer license, adult-use dispensary license, medical marijuana dispensary license, or testing laboratory license or is an employee of one of those licensees, may:
(a) transport marijuana or marijuana products between other licensed premises without a transporter license so long as the transportation:
(i) complies with rules implementing the seed-to-sale tracking system set forth in 16-12-105; and
(ii) includes a printed manifest containing information as required by the department; and
(b) deliver marijuana from a dispensary to a registered cardholder provided that the person delivering the marijuana or marijuana products:
(i) complies with rules adopted by the department; and
(ii) includes a printed delivery manifest from a dispensary to a registered cardholder containing the registered cardholder's address and cardholder number and the dispensary's address and license number.
(5) (a) A marijuana transporter licensee may maintain a licensed premises to temporarily store marijuana and marijuana products and to use as a centralized distribution point in a jurisdiction where the local government approval provisions contained in 16-12-301 have been satisfied or in a county in which the majority of voters voted to approve Initiative Measure No. 190 in the November 3, 2020, general election.
(b) The licensed premises must be located in a jurisdiction that permits the operation of a marijuana business and comply with rules adopted by the department.
(c) A marijuana transporter may store and distribute marijuana and marijuana products from this location. A storage facility must meet the same security requirements that are required to obtain a license under this chapter.
(6) A marijuana transporter shall use the seed-to-sale tracking system developed pursuant to 16-12-105 to create shipping manifests documenting the transport of retail marijuana and retail marijuana products throughout the state.
(7) A marijuana transporter may deliver marijuana or marijuana products to licensed premises or registered cardholders only and may not make deliveries of marijuana or marijuana products to individual consumers.
(8) A person delivering marijuana or marijuana products for a marijuana transporter must possess a valid marijuana worker permit provided for under 16-12-226 and be a current employee of the marijuana transporter licensee.
History: En. Sec. 3, Ch. 576, L. 2021; amd. Sec. 19, Ch. 712, L. 2023.