reglab/statecodes huggingface dataset:
2023 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. 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 department by rule. The protocol must address the division of marijuana and marijuana products into batch sizes for testing.
(3) The department 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 department 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 department 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; amd. Sec. 17, Ch. 712, L. 2023.
2023 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. 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.
2023 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. 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.
2023 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. 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.
2023 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. 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 cultivator license and one dispensary license allowing for the operation of a dispensary.
(3) Initial licensure and annual fees for a combined-use license is $7,500.
(4) A combined-use marijuana licensee shall operate its cultivation and dispensary facilities on land that is located 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.
(5) 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.
(6) A license granted under this section must be operated in compliance with all requirements imposed under this chapter.
(7) 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; amd. Sec. 21, Ch. 712, L. 2023; amd. Sec. 6, Ch. 743, L. 2023.
2023 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. 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 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.
(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 shall notify the person's employer 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; amd. Sec. 22, Ch. 712, L. 2023.
2023 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. 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) 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; or
(b) 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) An individual convicted under this section may not be licensed under this chapter.
(3) 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. 21, I.M. No. 190, approved Nov. 3, 2020; amd. Sec. 60, Ch. 576, L. 2021; amd. Sec. 24, Ch. 712, L. 2023.
2023 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. 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.
2023 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.
2023 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. Enforcement -- ordinances -- investigations -- injunctions -- violation

16-12-305. Enforcement -- ordinances -- investigations -- injunctions -- violation.
(1) A local government may, by ordinance or otherwise, impose regulations regarding products under 16-12-117(1) and (3).
(2) The department of agriculture, the department of justice, the department of public health and human services, local sheriff departments, municipal police departments, a county attorney's office, and the department of revenue may inspect any business to investigate unlawful activity under 16-12-117(1).
(3) (a) If an investigation results in reasonable cause to believe that a violation of 16-12-117 occurred, the investigating agency may issue a cease and desist order to be served pursuant to Rule 4, M.R.Civ.P. The order is effective upon service. Proof of service constitutes notice to the person of the existence and contents of the order.
(b) The investigating agency may assess a penalty of not more than $1,000 per day for each day a cease and desist order issued under this section is violated. Fifty percent of the penalty must be deposited into the healing and ending addiction through recovery and treatment account under 16-12-122, and the remainder must be deposited in the marijuana state special revenue account under 16-12-111.
(4) (a) The investigating agency may institute and maintain in the name of the state an action for injunction or another civil remedy in district court to enforce a cease and desist order under this section. Proof of inadequacy of a legal remedy or proof of substantial or irreparable damage from continued violation is not required. It is sufficient to charge that the person engaged in the unlawful conduct subject to 16-12-117 on a certain day in a certain county without averring further or more particular facts concerning the violation.
(b) The department is entitled to its costs, including the costs of investigation and attorney fees, incurred in seeking a district court order under this section.
(c) A person who knowingly or purposely violates a district court injunction under this section is guilty of a felony and subject to the penalties set forth in 46-18-213.
(5) An officer, agent, partner, or member of a business entity who knowingly and personally participates in a violation of this section is subject to the penalties prescribed in this section.
(6) The remedies provided for in this section are in addition to and do not limit the remedies and actions otherwise permitted or required by law.
(7) A violation of 16-12-117(1) may be enforced under:
(a) criminal distribution of dangerous drugs as defined in 45-9-101;
(b) criminal possession of dangerous drugs as defined in 45-9-102; or
(c) criminal production or manufacture of dangerous drugs as defined in 45-9-110.
History: En. Sec. 2, Ch. 746, L. 2023.
2023 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. 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.
2023 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. 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 each city or town to the population of municipalities within the county; 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; amd. Sec. 25, Ch. 712, L. 2023.
2023 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. 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) Notice of the election must be given as provided in 13-1-108 and include the information listed in subsection (3) of this section.
(6) 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; amd. Sec. 26, Ch. 712, L. 2023.
2023 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. 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.
2023 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. 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.
2023 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.
History: En. Sec. 27, I.M. No. 190, approved Nov. 3, 2020.
2023 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.
History: En. Sec. 28, I.M. No. 190, approved Nov. 3, 2020.
2023 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.
History: En. Sec. 29, I.M. No. 190, approved Nov. 3, 2020.
2023 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.
History: En. Sec. 30, I.M. No. 190, approved Nov. 3, 2020.
2023 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.
History: En. Sec. 31, I.M. No. 190, approved Nov. 3, 2020.
2023 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.
History: En. Sec. 32, I.M. No. 190, approved Nov. 3, 2020.
2023 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.
History: En. Sec. 33, I.M. No. 190, approved Nov. 3, 2020.
2023 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.
History: En. Sec. 34, I.M. No. 190, approved Nov. 3, 2020.
2023 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. 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.
2023 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. 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.
2023 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. 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.
2023 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. 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.
2023 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. 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.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 12. Marijuana Regulation and Taxation › Part 5. Medical Marijuana › 16-12-524. Repealed

16-12-524. Repealed.
Sec. 29, Ch. 712, L. 2023.
History: En. Sec. 19, Ch. 576, L. 2021.
2023 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. 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.
2023 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. 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.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 12. Marijuana Regulation and Taxation › Part 5. Medical Marijuana › 16-12-532. Repealed

16-12-532. Repealed.
Sec. 29, Ch. 712, L. 2023.
History: En. Sec. 22, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 12. Marijuana Regulation and Taxation › Part 5. Medical Marijuana › 16-12-533. Rulemaking authority -- fees

16-12-533. Rulemaking authority -- fees.
The department may adopt rules to implement this part as authorized in this section to specify:
(1) the manner in which the department will consider applications for registry identification cards for individuals with debilitating medical conditions and renewal of registry identification cards;
(2) the acceptable forms of proof of Montana residency;
(3) notice and contested case hearing procedures for fines or registry identification card revocation, suspension, or modification;
(4) the procedures for obtaining fingerprints for the fingerprint and background check required under 16-12-508;
(5) the amount of usable marijuana that a registered cardholder who has elected not to use the system of licensees provided for under this chapter may possess; and
(6) the fees for cardholders. The annual cardholder license fee may not be less than $20.
History: En. Sec. 23, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-101. Definition of department

17-1-101. Definition of department.
Except in chapter 3, part 3, and unless the context requires otherwise, in this title, "department" means the department of administration provided for in Title 2, chapter 15, part 10.
History: En. 82-108.1 by Sec. 44, Ch. 326, L. 1974; R.C.M. 1947, 82-108.1; amd. Sec. 6, Ch. 325, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-103. Assistance to legislature

17-1-103. Assistance to legislature.
(1) The department shall make all reports and submit all information and data the legislature requests and, when requested, attend all meetings of the appropriations committee of the house of representatives and of the finance and claims committee of the senate.
(2) The department shall, during the consideration of appropriation measures by the house and senate, devote as much of its time as may be required by the committees, under the direction of the presiding officers of the committees.
History: En. Sec. 11, Ch. 194, L. 1951; amd. Sec. 35, Ch. 93, L. 1969; amd. Sec. 51, Ch. 326, L. 1974; R.C.M. 1947, 82-111; amd. Sec. 211, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-104. Definitions

17-1-104. Definitions.
As used in this chapter, the following definitions apply:
(1) "Agency" means all offices, departments, boards, commissions, institutions, universities, colleges, and any other administrative units of state government.
(2) "Indirect costs" means costs for services that benefit more than one agency or program and that are not readily assignable to the agency or program specifically benefiting.
History: En. Sec. 1, Ch. 121, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-105. Statewide cost allocation plan

17-1-105. Statewide cost allocation plan.
(1) The director of the department shall annually prepare a statewide cost allocation plan distributing service agency indirect costs among the agencies, in accordance with principles and procedures established by applicable regulations and guidelines.
(2) An agency required to pay costs under the statewide cost allocation plan shall make payments in four equal installments, due no later than October 1, January 1, March 1, and June 1 of each fiscal year, by depositing the payments into the general fund.
History: En. 79-1021 by Sec. 2, Ch. 223, L. 1975; R.C.M. 1947, 79-1021; amd. Sec. 1, Ch. 579, L. 1983; amd. Sec. 2, Ch. 121, L. 2005; Sec. 17-3-110, MCA 2003; redes. 17-1-105 by Sec. 5, Ch. 121, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-107. Agency recovery of costs for services rendered -- invoice -- payment deadline -- interest

17-1-107. Agency recovery of costs for services rendered -- invoice -- payment deadline -- interest.
(1) A state agency rendering services to another state agency shall invoice the other state agency within 60 days of rendering services.
(2) An invoiced state agency shall pay the another state agency's invoice in full within the time specified in a written agreement between the agencies, or within 60 days of receipt of a properly completed invoice or by the end of the state fiscal yearend, whichever occurs first.
History: En. Sec. 1, Ch. 249, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-111. General fiscal duties of state treasurer

17-1-111. General fiscal duties of state treasurer.
(1) The state treasurer is the custodian of all money and securities of the state unless otherwise expressly provided by law.
(2) It is the duty of the state treasurer to:
(a) receive and account for all money belonging to the state, not expressly required by law to be received and kept by some other person;
(b) pay warrants out of the funds upon which they are drawn;
(c) upon payment of any warrant, record the receipt of the person to whom it is paid;
(d) keep an account of all money received and disbursed;
(e) at the request of either house of the legislature or of any legislative committee, give information in writing as to the condition of the treasury or on any subject relating to the duties of the office of state treasurer;
(f) superintend the fiscal concerns of the state;
(g) suggest plans for the improvement and management of the public revenue;
(h) keep an account of all warrants drawn upon the treasury and of other appropriation records that the treasurer determines to be essential for the support of the accounting records maintained in the department;
(i) keep a register of warrants, showing the fund upon which each warrant is drawn, each warrant's number, who received the warrant, and the date issued;
(j) require all persons who have received money belonging to the state but who have not accounted for it to settle their accounts;
(k) draw warrants on the state treasury for the payment of money directed by law to be paid out of the treasury, except that a warrant may not be drawn unless authorized by law;
(l) authenticate with the official seal of the state all warrants drawn and all copies of papers issued from the office of state treasurer;
(m) collect and pay into the state treasury all fees received;
(n) discharge other duties as may be imposed upon the state treasurer by law; and
(o) provide information through the state's official internet website detailing how donations can be made to the state general fund or to any function of state government.
History: En. Sec. 440, Pol. C. 1895; re-en. Sec. 179, Rev. C. 1907; re-en. Sec. 174, R.C.M. 1921; Cal. Pol. C. Sec. 452; re-en. Sec. 174, R.C.M. 1935; amd. Sec. 8, Ch. 147, L. 1963; amd. Sec. 1, Ch. 152, L. 1971; amd. Sec. 1, Ch. 269, L. 1973; R.C.M. 1947, 79-201(1) thru (7); amd. Sec. 1, Ch. 70, L. 1979; amd. Sec. 7, Ch. 325, L. 1995; amd. Sec. 2, Ch. 48, L. 1997; amd. Sec. 1, Ch. 607, L. 2003.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-112. Access to offices

17-1-112. Access to offices.
The state treasurer has full access to all offices of the state for inspection of books, papers, and accounts that concern the state treasurer's duties.
History: En. Sec. 447, Pol. C. 1895; re-en. Sec. 187, Rev. C. 1907; re-en. Sec. 186, R.C.M. 1921; re-en. Sec. 186, R.C.M. 1935; R.C.M. 1947, 79-805; amd. Sec. 212, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-113. Securities lending program

17-1-113. Securities lending program.
The state treasurer may, subject to the approval of the state board of investments, establish a securities lending program for all securities held in custody under 17-1-111. All loaned securities must be secured by equivalent securities of the same class in an amount equal to at least 100% of the market value of the loaned securities as determined by the board. All fees and proceeds earned by the securities lending program must be deposited pro rata in the funds that loaned the securities.
History: En. Sec. 1, Ch. 272, L. 1981.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-121. Repealed

17-1-121. Repealed.
Sec. 35, Ch. 325, L. 1995.
History: En. Sec. 420, Pol. C. 1895; re-en. Sec. 170, Rev. C. 1907; re-en. Sec. 151, R.C.M. 1921; Cal. Pol. C. Sec. 433; re-en. Sec. 151, R.C.M. 1935; amd. Sec. 1, Ch. 94, L. 1969; amd. Sec. 98, Ch. 326, L. 1974; R.C.M. 1947, 79-101(1) thru (6), (9), (14), (15), (18), (19).
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-122. Discretionary authority of state treasurer

17-1-122. Discretionary authority of state treasurer.
The state treasurer may:
(1) inspect the books of any persons charged with the receipt, safekeeping, or disbursement of public money;
(2) require all persons who have received money or who have had the disposition or management of any property of the state of which an account is kept in the department to render statements to the treasurer. A statement must be rendered at times and in the form prescribed by the department.
(3) promulgate rules regarding the distribution and processing of warrants issued; and
(4) establish a system of filing and storage of the original copy of claims paid by state warrant.
History: En. Sec. 420, Pol. C. 1895; re-en. Sec. 170, Rev. C. 1907; re-en. Sec. 151, R.C.M. 1921; Cal. Pol. C. Sec. 433; re-en. Sec. 151, R.C.M. 1935; amd. Sec. 1, Ch. 94, L. 1969; amd. Sec. 98, Ch. 326, L. 1974; R.C.M. 1947, 79-101(10), (11), (16), (20); amd. Sec. 8, Ch. 325, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 1. General Administration › Part 1. General Administration and Fiscal Officers › 17-1-123. Repealed

17-1-123. Repealed.
Sec. 13, Ch. 48, L. 1997.
History: En. Sec. 426, Pol. C. 1895; re-en. Sec. 176, Rev. C. 1907; re-en. Sec. 156, R.C.M. 1921; re-en. Sec. 156, R.C.M. 1935; R.C.M. 1947, 79-106.