reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 3. Youth Access to Tobacco Products Control Act › 16-11-305. Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age prohibited

16-11-305. Sale or distribution of tobacco products, alternative nicotine products, or vapor products to persons under 18 years of age prohibited.
(1) A person may not sell or distribute a tobacco product, alternative nicotine product, or vapor product to an individual under 18 years of age, whether over the counter, by vending machine, or otherwise.
(2) If there is a reasonable doubt as to the individual's age, the seller shall require presentation of a driver's license or other generally accepted identification that includes a picture of the individual.
(3) If the seller scans a person's government or tribal-issued identification, the seller shall handle data and metadata from the scan in accordance with 16-3-313.
History: En. Sec. 5, Ch. 569, L. 1993; amd. Sec. 5, Ch. 337, L. 2015; amd. Sec. 2, Ch. 264, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 3. Youth Access to Tobacco Products Control Act › 16-11-306. Sales of tobacco, alternative nicotine products, or vapor products through vending machines restricted

16-11-306. Sales of tobacco, alternative nicotine products, or vapor products through vending machines restricted.
(1) Tobacco products, alternative nicotine products, and vapor products may be sold through a vending machine only in places where alcoholic beverages are sold and consumed on the premises and where the vending machine is under the direct line-of-sight supervision of the owner or an employee of the establishment. The tobacco products, alternative nicotine products, or vapor products must be in a vending machine that contains only tobacco products, alternative nicotine products, or vapor products.
(2) Tobacco products, alternative nicotine products, or vapor products may not be sold through a vending machine that is located in a restaurant unless the restaurant has a bar, the restaurant area shares seating with the bar area, and the vending machine meets the requirements of subsection (1).
(3) The sale of tobacco products, alternative nicotine products, or vapor products from a vending machine under the direct line-of-sight supervision of an owner or employee is considered a sale of tobacco products, alternative nicotine products, or vapor products by the owner or employee for the purposes of 16-11-305.
History: En. Sec. 6, Ch. 569, L. 1993; amd. Sec. 1, Ch. 518, L. 1997; amd. Sec. 6, Ch. 337, L. 2015.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 3. Youth Access to Tobacco Products Control Act › 16-11-307. Distribution of tobacco products in other than sealed packages prohibited -- minimum package size

16-11-307. Distribution of tobacco products in other than sealed packages prohibited -- minimum package size.
(1) A person may not distribute a tobacco product for commercial purposes in other than a sealed package that is provided by the manufacturer and that contains the health warning required by federal law. Single cigarettes may not be sold.
(2) A person may not knowingly manufacture or distribute for commercial purposes cigarettes in a package containing fewer than 20 cigarettes or rolling tobacco in a package containing less than 0.6 ounces net weight of tobacco. For purposes of 16-11-308 and this section, "rolling tobacco" means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes.
History: En. Sec. 7, Ch. 569, L. 1993; amd. Sec. 3, Ch. 439, L. 1995; amd. Sec. 2, Ch. 56, L. 2001.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 3. Youth Access to Tobacco Products Control Act › 16-11-309. Inspection and notification of violation required

16-11-309. Inspection and notification of violation required.
(1) The department of public health and human services shall conduct inspections of persons selling or distributing tobacco products, alternative nicotine products, or vapor products to determine compliance with 16-11-303, 16-11-304, 16-11-305(1), 16-11-306, and 16-11-307. Inspections may be conducted directly by the department of public health and human services or may be provided for by contract let by the department of public health and human services. Persons found to be in violation of the requirements of this part or the rules of the department of public health and human services a fourth and subsequent time must be notified in writing by the department of public health and human services of the facts of the violation and the penalties provided by this part.
(2) The department of public health and human services shall provide documentation of alleged violations of 16-11-303, 16-11-305, and 16-11-307 to the department of revenue.
History: En. Sec. 5, Ch. 439, L. 1995; amd. Sec. 8, Ch. 337, L. 2015.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 3. Youth Access to Tobacco Products Control Act › 16-11-310. Minors not liable for possession or attempt to purchase

16-11-310. Minors not liable for possession or attempt to purchase.
An individual under 18 years of age assisting in the enforcement of this part is not liable under a civil or criminal law for the possession of or the attempt to purchase a tobacco product, alternative nicotine product, or vapor product for the purposes of enforcing this part.
History: En. Sec. 6, Ch. 439, L. 1995; amd. Sec. 2, Ch. 498, L. 2001; amd. Sec. 9, Ch. 337, L. 2015.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 3. Youth Access to Tobacco Products Control Act › 16-11-311. Local regulations

16-11-311. Local regulations.
A local government may by ordinance adopt regulations on the subjects of 16-11-301 through 16-11-308, including alternative nicotine or vapor products as provided in 16-11-313, that are no more stringent than 16-11-301 through 16-11-308 and 16-11-313.
History: En. Sec. 10, Ch. 569, L. 1993; amd. Sec. 4, Ch. 455, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 3. Youth Access to Tobacco Products Control Act › 16-11-312. Rulemaking authority

16-11-312. Rulemaking authority.
The department of revenue may adopt rules to implement 16-11-301 through 16-11-308.
History: En. Sec. 11, Ch. 569, L. 1993.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 3. Youth Access to Tobacco Products Control Act › 16-11-313. Alternative nicotine products and vapor products -- local ordinance or resolution -- prohibition

16-11-313. Alternative nicotine products and vapor products -- local ordinance or resolution -- prohibition.
(1) A local government may not adopt or enforce any local ordinance or resolution that prohibits the sale of alternative nicotine products or vapor products.
(2) Subject to 16-11-311, nothing in this section may be construed to restrict a local government from enacting reasonable ordinances or resolutions relating to the sale of alternative nicotine products or vapor products.
History: En. Sec. 1, Ch. 455, L. 2021.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 4. Tobacco Products Reserve Fund -- Administration › 16-11-401. Findings and purpose

16-11-401. Findings and purpose.
(1) Cigarette smoking presents serious public health concerns to the State and to the citizens of the State. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.
(2) Cigarette smoking also presents serious financial concerns for the State. Under certain health-care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.
(3) Under these programs, the State pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.
(4) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.
(5) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the State. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the State (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.
(6) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.
History: En. Sec. 1, Ch. 412, L. 1999.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 4. Tobacco Products Reserve Fund -- Administration › 16-11-404. Attorney fees and costs

16-11-404. Attorney fees and costs.
(1) In an action under 16-11-403(2)(c), the court, upon a finding that a tobacco product manufacturer has failed to comply with its obligations under 16-11-403(1) or (2)(a), shall award the attorney general the expenses incurred in investigating the claim, the costs of suit, and reasonable attorney fees. In cases in which outside counsel represents the attorney general, the attorney fees awarded must equal the outside counsel charges reasonably incurred by the attorney general for attorney fees and expenses in prosecuting the action. In all other cases, the attorney fees must be calculated by reference to the hourly rate charged by the agency legal services bureau for the provision of legal services to state agencies, multiplied by the number of attorney hours devoted to the prosecution of the action, plus the actual cost of any expenses reasonably incurred in the prosecution of the action.
(2) Investigation expenses, attorney fees, and costs recovered under this section are allocated to the department of justice for deposit in the attorney general's major litigation account and may be used by the attorney general for any purpose for which funds appropriated to that account may be used. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003.)
History: En. Sec. 13, Ch. 397, L. 2003; amd. Sec. 2, Ch. 324, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 5. Tobacco Products Reserve Fund -- Enforcement › 16-11-501. Findings and purpose

16-11-501. Findings and purpose.
The legislature finds that violations of 16-11-401 through 16-11-403 threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The legislature finds that enacting procedural enhancements will help prevent violations of 16-11-401 through 16-11-403 and will safeguard the Master Settlement Agreement, the fiscal soundness of the state, and the public health. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
History: En. Sec. 1, Ch. 397, L. 2003.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 5. Tobacco Products Reserve Fund -- Enforcement › 16-11-502. Definitions

16-11-502. Definitions.
As used in this part, the following definitions apply:
(1) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including but not limited to "menthol", "lights", "kings", and "100s", and includes any use of a brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to or identifiable with a previously known brand of cigarettes.
(2) "Cigarette" has the meaning provided in 16-11-402.
(3) "Department" means the department of revenue.
(4) "Master Settlement Agreement" has the meaning provided in 16-11-402.
(5) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.
(6) "Participating manufacturer" has the meaning provided in section II(jj) of the Master Settlement Agreement defined in 16-11-402 and all amendments thereto.
(7) "Qualified escrow fund" has the meaning provided in 16-11-402.
(8) "Tobacco product manufacturer" has the meaning provided in 16-11-402.
(9) "Units sold" has the meaning provided in 16-11-402.
(10) "Wholesaler" means a person that is authorized to affix tax insignia to packages or other containers of cigarettes under 16-11-113, a person that is required to remit the tobacco tax imposed on cigarettes pursuant to 16-11-111, or a person that is required to remit the tobacco tax imposed on other tobacco products under 16-11-111(7). (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
History: En. Sec. 2, Ch. 397, L. 2003; amd. Sec. 3, Ch. 324, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 5. Tobacco Products Reserve Fund -- Enforcement › 16-11-505. Prohibition against stamping or sale of cigarettes not in directory

16-11-505. Prohibition against stamping or sale of cigarettes not in directory.
It is unlawful for any person to:
(1) affix a tax insignia to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory; or
(2) sell, offer for sale, or possess for sale in this state cigarettes of a tobacco product manufacturer or brand family not included in the directory. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
History: En. Sec. 5, Ch. 397, L. 2003.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 5. Tobacco Products Reserve Fund -- Enforcement › 16-11-506. Agent for service of process

16-11-506. Agent for service of process.
(1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this state to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of 16-11-403 and this part, may be served in any manner authorized by law. The service constitutes legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of the agent to the satisfaction of the attorney general.
(2) The nonparticipating manufacturer shall provide notice to the attorney general at least 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the attorney general of the appointment of a new agent no less than 5 calendar days prior to the termination of an existing agent appointment. If an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the attorney general of the termination within 5 calendar days and include proof to the satisfaction of the attorney general of the appointment of a new agent. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
History: En. Sec. 6, Ch. 397, L. 2003.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 5. Tobacco Products Reserve Fund -- Enforcement › 16-11-507. Reporting of information

16-11-507. Reporting of information.
(1) Not later than 20 calendar days after the end of each calendar quarter and more frequently if directed by the attorney general, each wholesaler shall submit information that the attorney general requires to facilitate compliance with this section by nonparticipating manufacturers, including but not limited to a list by brand family of the total number of nonparticipating manufacturer cigarettes or, in the case of nonparticipating manufacturer roll-your-own tobacco, the equivalent amount of tobacco, calculated as provided in 16-11-402(4), on which the wholesaler precollected tax as provided in 16-11-113 and that the wholesaler sold during the period covered by the report. The wholesaler shall maintain and make available to the attorney general all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the attorney general for a period of 5 years.
(2) The department is authorized to disclose to the attorney general any information received by it and requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this part. The department and attorney general shall share the information received under this part with each other and may share the information with other federal, state, or local agencies only for the purposes of enforcement of 16-11-403, this part, or the corresponding laws of other states.
(3) The attorney general may require at any time from the nonparticipating manufacturer proof from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with 16-11-403 of:
(a) the amount of money in the fund, exclusive of interest;
(b) the amount and dates of each deposit to the fund; and
(c) the amount and dates of each withdrawal from the fund.
(4) In addition to the information required to be submitted pursuant to subsections (1) through (3), the attorney general may require a wholesaler or tobacco product manufacturer to submit any additional information, including but not limited to samples of the packaging or labeling of each brand family, to enable the attorney general to determine whether a tobacco product manufacturer or wholesaler is in compliance with this part. All information submitted by a wholesaler or tobacco product manufacturer under this section must be full, complete, and accurate. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
History: En. Sec. 7, Ch. 397, L. 2003; amd. Sec. 5, Ch. 324, L. 2005; amd. Sec. 32, Ch. 511, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 5. Tobacco Products Reserve Fund -- Enforcement › 16-11-508. Escrow installments

16-11-508. Escrow installments.
To promote compliance with the provisions of this part, the attorney general may adopt rules requiring a tobacco product manufacturer to make the escrow deposits required in 16-11-403 in installments during the year in which the sales covered by the deposits are made. The attorney general may require production of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
History: En. Sec. 8, Ch. 397, L. 2003.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 5. Tobacco Products Reserve Fund -- Enforcement › 16-11-510. Contested case and judicial review of attorney general determinations

16-11-510. Contested case and judicial review of attorney general determinations.
A determination of the attorney general not to include or to remove from the directory a brand family or tobacco product manufacturer is subject to review by the attorney general or an employee of the department of justice designated by the attorney general to issue final decisions under this part in the manner prescribed by Title 2, chapter 4, part 6. The decision of the attorney general or designated employee constitutes the final agency decision, and judicial review may be sought from the final decision as provided in Title 2, chapter 4, part 7. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
History: En. Sec. 10, Ch. 397, L. 2003.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 5. Tobacco Products Reserve Fund -- Enforcement › 16-11-511. Rules

16-11-511. Rules.
The attorney general may adopt rules necessary to implement part 4 and this part. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
History: En. Sec. 11, Ch. 397, L. 2003; amd. Sec. 7, Ch. 324, L. 2005.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 11. Taxation of Tobacco Products › Part 5. Tobacco Products Reserve Fund -- Enforcement › 16-11-512. Construction

16-11-512. Construction.
If a court of competent jurisdiction finds that the provisions of 16-11-401 through 16-11-403 and of this part conflict and cannot be harmonized, then the legislature intends the provisions of 16-11-401 through 16-11-403 to control. Except as specifically provided in this part, the provisions of this part are not intended to and may not be interpreted to override the provisions of 16-11-401 through 16-11-403. (Certain provisions void on occurrence of contingency--sec. 16, Ch. 397, L. 2003--see part compiler's comment.)
History: En. Sec. 12, Ch. 397, L. 2003.
2023 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. 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 manufacture and distribution of synthetic marijuana products;
(e) prevent the distribution of marijuana sold under this chapter to persons under 21 years of age;
(f) ensure the safety of marijuana and marijuana products;
(g) ensure the security of licensed premises;
(h) establish reporting requirements for licensees;
(i) 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;
(j) provide for the testing of marijuana and marijuana products by licensed testing laboratories;
(k) 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;
(l) tax the sale of marijuana and marijuana products to provide compensation for the economic and social costs of marijuana;
(m) 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
(n) 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; amd. Sec. 4, Ch. 746, L. 2023.
2023 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. 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.
2023 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. 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.
2023 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. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 12. Marijuana Regulation and Taxation › Part 1. General Provisions › 16-12-117. Synthetic marijuana products prohibited -- restriction on sale of marijuana products

16-12-117. Synthetic marijuana products prohibited -- restriction on sale of marijuana products.
(1) A person may not manufacture, process, or offer for sale a synthetic marijuana product.
(2) Products containing or consisting of cannabinoids produced and processed for any type of consumption into a human body, whether marketed as containing or consisting of cannabinoids or not, that exceed a THC concentration of 0.3% may only be sold by a manufacturer licensed under 16-12-222 or a dispensary licensed under 16-12-224 unless the products are authorized as a drug by the United States food and drug administration. Products under this section may not exceed the potency levels established in 16-12-224.
(3) Products containing a THC concentration of 0.3% or less sold by any person other than a licensed manufacturer under 16-12-222 or a licensed dispensary under 16-12-224 may not exceed 0.5 milligrams of THC for each serving and may not exceed 2 milligrams per package.
(4) This section does not apply to unadulterated hemp flower that is not further processed into extracts, infused products, or concentrates.
History: En. Sec. 1, Ch. 746, L. 2023.
2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 12. Marijuana Regulation and Taxation › Part 1. General Provisions › 16-12-125. Hotline -- reporting -- referrals

16-12-125. Hotline -- reporting -- referrals.
(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) The department shall provide a copy of the complaint to the person or licensee that is the subject of the complaint.
(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.
(5) The department shall make available to the public complaints about violations of 16-12-117(3), including:
(a) information regarding the types of businesses or products being reported; and
(b) any disciplinary action taken against a person in violation of 16-12-117(3).
(6) The department reports made to the legislature pursuant to 16-12-110 must include the number of investigations and complaints the department referred to law enforcement and the complaints' disposition.
History: En. Sec. 1, Ch. 576, L. 2021; amd. Sec. 9, Ch. 712, L. 2023; amd. Sec. 7, Ch. 746, L. 2023.
2023 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. 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;
(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; and
(f) a person designated by the applicant as responsible for operating the licensed establishment on behalf of the licensee.
(3) 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; amd. Sec. 10, 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 › 16-12-201. Licensing of cultivators, manufacturers, and dispensaries

16-12-201. Licensing of cultivators, manufacturers, and dispensaries.
(1) (a) Between January 1, 2022, and June 30, 2025, 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 April 27, 2021, 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, 2025.
(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; amd. Sec. 2, Ch. 743, L. 2023, Sec. 11, 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 › 16-12-205. Repealed

16-12-205. Repealed.
Sec. 104, Ch. 576, L. 2021.
History: En. Sec. 11, 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 2. Licensing and Regulation › 16-12-206. Testing laboratories -- licensing inspections

16-12-206. 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 department 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; amd. Sec. 14, Ch. 712, L. 2023.