reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.1 - General Requirements › Rule 42.39.115 - WORKER PERMITS; ADDITIONAL TESTING LABORATORY WORKER REQUIREMENT

Current through Register Vol. 13, July 5, 2024
(1) A marijuana worker permit is required for
				any individual age 18 and over who performs work for or on behalf of any aspect
				of a marijuana business or testing laboratory.
(2) An applicant applying to work in a
				marijuana testing laboratory must undergo a criminal background check and pay
				the background check fee provided in ARM
				42.39.104 before the department
				will begin processing the application.
(3) Applicants must pay the fee provided in
				ARM 42.39.104 within ten days of
				applying. Failure to pay the fee within the 10-day period will result in denial
				of the application.
(4) When an
				application is denied for any reason, an applicant must reapply and resubmit
				the fee provided in ARM 42.39.104.
AUTH:
					 16-12-112, MCA; IMP:
					 16-12-112,
					 16-12-226,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.1 - General Requirements › Rule 42.39.117 - DENIAL OF REGISTRY IDENTIFICATION CARD APPLICATION OR REVOCATION OF REGISTRY IDENTIFICATION CARD

Current through Register Vol. 13, July 5, 2024
(1) The
				department, after written notice to the applicant or registered cardholder, may
				deny or revoke an application or registry identification card if:
(a) the applicant did not provide the
				information required in the application;
(b) the department determines the information
				provided in the application was inaccurate, misleading, or falsified;
(c)the applicant did not submit the required
				fee with the application;
(d) the
				applicant or registered cardholder does not have, or no longer has, a
				debilitating medical condition as defined in 16-12-102, MCA;
(e) the applicant is not a resident of the
				State of Montana;
(f) the applicant
				is in the custody of or under supervision of the Department of Corrections or
				youth court;
(g) the applicant or
				registered cardholder is found to be in violation of 16-12-523, MCA;
(h) the applicant or registered cardholder
				did not report changes to the department in accordance with ARM
				42.39.311;
(i) the registry
				identification card has been found to be altered or manipulated in any way;
(j) the cardholder violates the
				daily or monthly possession or purchase limitations contained in 16-12-515,
				MCA; or
(k) the registered
				cardholder is found to be in violation of any provision under Title 16, chapter
				12, part 5, MCA.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.1 - General Requirements › Rule 42.39.118 - ALLOWABLE AMOUNTS

Current through Register Vol. 13, July 5, 2024
(1) A registered
				cardholder may submit a petition for an increase in the monthly purchase limits
				defined in
				16-12-515,
				MCA, on a form approved by the department and submitted through the licensing
				system.
(a) The department may take prior
				sales history and other factors deemed relevant into account when evaluating a
				petition for an increase in sales limits.
(b) The department may approve increases to
				the monthly purchase limits up to a maximum of 8 ounces of usable marijuana or
				the equivalent in marijuana products as described in (2).
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.1 - General Requirements › Rule 42.39.119

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-46-344,
					 MCA IMP:
					 50-46-303,
					 50-46-308,
					 50-46-312,
					 50-46-329,
					 50-46-330,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.1 - General Requirements › Rule 42.39.120 - HEALTH CARE FACILITY PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-46-344,
					 MCA; IMP:
					 50-46-303,
					 50-46-320,
					 50-46-344,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.1 - General Requirements › Rule 42.39.121 - LICENSED PREMISES - SECURITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All licensees must have a written,
				proactive security plan maintained on the licensed premises that safeguards
				against theft, diversion, or tampering of marijuana or marijuana products both
				on the licensed premises and during transit, if applicable. The security plan
				must, at a minimum, contain the following policies or procedures of how a
				licensee:
(a) restricts access to the areas
				of the licensed premises containing marijuana or marijuana products to
				authorized persons only;
(b)
				provides for identification of authorized persons to be in the areas of the
				marijuana business that contain marijuana or marijuana products; and
(c) provides electronic monitoring of the
				licensed premises.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.1 - General Requirements › Rule 42.39.122 - LICENSED PREMISES - MANDATORY SIGNAGE

Current through Register Vol. 13, July 5, 2024
(1)
				A marijuana business licensee must conspicuously display and make available its
				site identification certificate at each licensed premises.
(2) All marijuana business licensees, except
				for marijuana dispensaries, must conspicuously post a notice at each entry to a
				licensed premises that contains all of the following: "Persons under twenty-one
				years of age not permitted on these premises without a valid worker
				permit."
(3) All marijuana
				dispensaries must conspicuously post a notice or notices at each entry to the
				licensed premises that contains all of the following language:
(a) "Persons under twenty-one years of age
				not permitted on these premises without a valid registry identification card or
				valid worker permit. Registered cardholders under the age of 18 must be
				accompanied by a legal guardian."
(b) "No on-site consumption of marijuana or
				marijuana products." and
(c) "No
				on-site opening of marijuana or marijuana products."
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.1 - General Requirements › Rule 42.39.124 - DETERMINATION OF PROXIMITY TO PLACE OF WORSHIP OR SCHOOL

Current through Register Vol. 13, July 5, 2024
(1) In order to apply the provisions of
				16-12-207(3), MCA, to a cultivator licensee, manufacturer licensee, adult-use
				dispensary licensee, or medical marijuana dispensary licensee, the department
				must find:
(a) the entrance doors of the
				premises proposed for licensing and the entrance doors of the place of worship
				or school are situated on the same street; and
(b) the physical address of the premises
				proposed for licensing is designated as the same street as the physical address
				of the place of worship or school; and
(c) the distance, measured in a straight line
				from the entrance doors of the business proposed for licensing, and the
				entrance doors of the place of worship or school is 500 feet or less.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.2 - MARIJUANA-INFUSED PRODUCTS, CONCENTRATES, AND EXTRACTS; INVENTORY TRACKING › Rule 42.39.201

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-46-344,
					 MCA; IMP:
					 50-46-303,
					 50-46-308,
					 50-46-312,
					 50-46-328,
					 50-46-329,
					 50-46-330,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.2 - MARIJUANA-INFUSED PRODUCTS, CONCENTRATES, AND EXTRACTS; INVENTORY TRACKING › Rule 42.39.202 - SEED-TO-SALE TRACKING SYSTEM USER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A licensee must have a department
				seed-to-sale tracking system account activated and functional prior to
				operating or exercising any privileges of the license and must maintain an
				active account while licensed.
(2)
				Additional licensees or licensee employees may be authorized to obtain
				seed-to-sale tracking system user accounts.
(3) To obtain and maintain a seed-to-sale
				tracking system user account, a licensee or licensee employee must successfully
				complete all required department seed-to-sale tracking system
				training.
(4) An individual
				entering data into the seed-to-sale tracking system may only use that
				individual's seed-to-sale tracking system account.
(5) A licensee must ensure:
(a) all seed-to-sale tracking system users
				are up to date on seed-to-sale tracking system user training requirements;
				and
(b) any data that is entered
				into the seed-to-sale tracking system in error is corrected.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.2 - MARIJUANA-INFUSED PRODUCTS, CONCENTRATES, AND EXTRACTS; INVENTORY TRACKING › Rule 42.39.203 - SEED-TO-SALE TRACKING AND RECONCILIATION

Current through Register Vol. 13, July 5, 2024
(1)
				A licensee must use the department's seed-to-sale tracking system as the
				primary inventory and record keeping system.
(2) Each individual marijuana plant that
				reaches a height of twelve inches must be issued a unique identification number
				in the seed-to-sale tracking system, which follows the plant through all phases
				of production and final sale to a customer.
(3) All marijuana items, test batches,
				harvest lots, and process lots must be issued a unique identification number in
				the seed-to-sale tracking system.
(4) Unique identification numbers cannot be reused.
(5) Each marijuana plant, marijuana item,
				test batch, harvest lot, and process lot that has been issued a unique
				identification number must have a physical tag placed on it with the unique
				identification number.
(6) The tag
				must be legible and placed in a position that can be clearly read and must be
				kept free from dirt and debris.
(7)
				Licensees must use unique identification tags purchased from the seed-to-sale
				tracking system vendor.
(8) All
				on-premises and in-transit marijuana item inventories must be reconciled in the
				seed-to-sale tracking system at the close of business each day.
(9) For each marijuana sale or transfer to a
				registered cardholder, the licensee or its employee must verify the registered
				cardholder's eligibility and daily and monthly purchase limits and record in
				the seed-to-sale tracking system at the time of sale or transfer:
(a) the quantity of each item sold or
				transferred to a registered cardholder;
(b) the price before tax; and
(c) the date of the sale or transfer to a
				customer.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.301

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-46-344,
					 MCA; IMP:
					 50-46-303,
					 50-46-308,
					 50-46-326,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.302

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-46-344,
					 MCA; IMP:
					 50-46-303,
					 50-46-308,
					 50-46-326,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.305

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-46-344,
					 MCA; IMP:
					 50-46-303,
					 50-46-308,
					 50-46-311,
					 50-46-326,
					 50-46-329,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.306

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-46-344,
					 MCA; IMP:
					 50-46-303,
					 50-46-308,
					 50-46-311,
					 50-46-326,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.307 - FAILED TEST SAMPLES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-46-344,
					 MCA IMP:
					 50-46-303,
					 50-46-308,
					 50-46-311,
					 50-46-326,
					 MCA;
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.310 - WASTE MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) A licensee must
				store, manage, and dispose of solid and liquid waste generated during marijuana
				production and processing in accordance with applicable state and local laws
				and regulations.
(2) A licensee
				must store marijuana waste in a secured waste receptacle in the possession of
				and under the control of the licensee.
(3) Waste that must be rendered unusable
				prior to disposal includes:
(a) marijuana
				plant waste, including roots, stalks, leaves, and stems that have not been
				processed with solvent;
(b) waste
				solvents used in the marijuana process;
(c) spent solvents, laboratory waste, and
				excess marijuana from any quality assurance testing; and
(d) marijuana items that ultimately fail to
				meet testing requirements.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.311 - REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A registered
				cardholder must notify the department within ten days of any changes in the
				following:
(a) cardholder's name or
				address;
(b) referral physician; or
(c) change in the status of the
				cardholder's debilitating medical condition.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.312 - MARIJUANA ITEM RECALLS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				this rule, the following definitions apply:
(a) "affected licensee" means a licensee
				whose marijuana or marijuana products are subject to a recall. More than one
				licensee may be an affected licensee in a recall;
(b) "affected product" means marijuana or a
				marijuana product subject to a recall.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.313

Current through Register Vol. 13, July 5, 2024
AUTH:
					 50-46-344,
					 MCA; IMP:
					 50-46-303,
					 50-46-308,
					 50-46-311,
					 50-46-312,
					 50-46-319,
					 50-46-328,
					 50-46-329,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.314 - GENERAL LABELING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Labeling requirements apply to marijuana and marijuana products sold from a
				dispensary to customers and wholesale products intended for final sale to
				customers from one licensee to another.
(2) All information required on the label of
				marijuana or a marijuana product shall be:
(a) unobstructed and conspicuous. A licensee
				may affix multiple labels to a package, or use a booklet, accordion, or other
				type of label, provided that no required information is completely and
				permanently obstructed;
(b)
				displayed in a legible font, such as Times New Roman, Arial, or Helvetica. The
				lowercase letter "o" must be at least one-sixteenth of an inch in
				height;
(c) displayed in a color
				that contrasts conspicuously with the background; and
(d) displayed in English, although a licensee
				may choose to display required information in additional
				languages.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.315 - LABELING REQUIREMENTS FOR MARIJUANA FLOWER

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this rule and ARM
				42.39.318, "flower" includes
				marijuana pre-rolls, but excludes infused marijuana pre-rolls.
(2) In addition to the general labeling
				requirements set forth in ARM
				42.39.314, each package of
				marijuana flower sold to a customer shall be labeled with a marijuana facts
				panel.
(3) A marijuana facts panel
				shall include the percentage of concentration of:
(a) total potential psychoactive
				THC;
(b) THC;
(c) THCa;
(d) CBD; and
(e) CBDa.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.316 - LABELING OF INGESTIBLE MARIJUANA-INFUSED PRODUCTS

Current through Register Vol. 13, July 5, 2024
(1) In addition to the general labeling
				requirements set forth in ARM
				42.39.314, each package of
				ingestible marijuana-infused product sold to a customer shall be labeled with
				the following information:
(a) an ingredients
				list that shall include all ingredients in the ingestible marijuana-infused
				product listed by common or usual name in descending order of predominance by
				weight and the word "marijuana" followed by the part of the plant (e.g.,
				flower, trim) or form of concentrate (e.g., oil, infused butter) used as an
				ingredient in the manufacturing process. Any substance that is present in an
				ingestible marijuana-infused product in an insignificant amount and that does
				not have any technical or functional effect in the finished product may be
				excluded from the ingredients list;
(b) an allergen statement that must declare
				the presence, or absence, of major food allergens in plain language;
(c) a marijuana facts panel containing the
				following information:
(i) the actual
				milligrams per serving size or dose of:
(A)
				THC;
(B) THCa;
(C) CBD; and
(D) CBDa;
(ii) the number of servings or doses per
				package; and
(iii) for
				multi-serving packages, the total actual milligrams per package of:
(A) THC;
(B) THCa;
(C) CBD; and
(D) CBDa;
(d) in addition to the required warnings in
				ARM 42.39.314, each package of ingestible marijuana-infused product sold to a
				customer shall be labeled with the following information: "The intoxicating
				effects of this product may be delayed by two or more
				hours."
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.317 - LABELING OF NON-INGESTIBLE MARIJUANA-INFUSED PRODUCTS

Current through Register Vol. 13, July 5, 2024
(1) In addition to the general labeling
				requirements set forth in ARM
				42.39.314, each packaging of
				non-ingestible marijuana-infused products shall be labeled with the following
				information:
(a) an ingredients list that
				shall include all ingredients in the non-ingestible marijuana-infused product
				listed by common or usual name in descending order of predominance by weight
				and the word "marijuana" followed by the part of the plant (e.g., flower, trim)
				or form of concentrate (e.g., oil, infused butter) used as an ingredient in the
				manufacturing process. Any substance that is present in a non-ingestible
				marijuana-infused product in an insignificant amount and that does not have any
				technical or functional effect in the finished product may be excluded from the
				ingredients list;
(b) an allergen
				statement that must declare the presence, of major food allergens in plain
				language; and
(c) a marijuana facts
				panel containing the following information:
(i) the milligrams per application size or
				dose of:
(A) THC;
(B) THCa;
(C) CBD; and
(D) CBDa;
(ii) the number of applications or doses per
				package; and
(iii) for multi-dose
				packages, the total milligrams per package of:
(A) THC;
(B) THCa;
(C) CBD; and
(D)
				CBDa.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.318 - LABELING REQUIREMENTS FOR MARIJUANA CONCENTRATES AND EXTRACTS

Current through Register Vol. 13, July 5, 2024
(1) In addition to the general labeling
				requirements set forth in ARM
				42.39.314, each package of
				marijuana concentrate, including infused marijuana pre-rolls, sold to a
				customer shall be labeled with the following information:
(a) an ingredients list that shall include
				all ingredients in the marijuana concentrate listed by common or usual name in
				descending order of predominance by weight and the word "marijuana" followed by
				the part of the plant (e.g., flower, trim) from which the marijuana concentrate
				is derived. Any substance that is present in a marijuana concentrate in an
				insignificant amount and that does not have any technical or functional effect
				in the finished product may be excluded from the ingredients list;
(b) an allergen statement that declares the
				presence of major food allergens in plain language unless the marijuana
				concentrate is not intended to be cooked with, eaten, or otherwise swallowed
				and digested;
(c) a marijuana facts
				panel containing the following information:
(i) for marijuana concentrates that require
				the application of heat before they are administered or consumed:
(A) the percentage concentration of:
(I) total potential psychoactive
				THC;
(II) THC;
(III) THCa;
(IV) CBD; and
(V) CBDa;
(ii) for marijuana concentrates that do not
				require the application of heat before they are administered or consumed:
(A) the percentage concentration of:
(I) THC;
(II) THCa;
(III) CBD; and
(IV) CBDa; or
(B) the milligrams per serving size or dose
				of:
(I) THC;
(II) THCa;
(III) CBD; and
(IV) CBDa; and
(C) the number of servings or doses per
				package;
(d) in
				addition to the required warnings in ARM 42.39.314, each package of activated
				concentrate that is intended to be cooked with, eaten, or otherwise swallowed
				and digested shall be labeled with the following: "The intoxicating effects of
				this product may be delayed by two or more hours."
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.319 - PACKAGING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All packaging
				of marijuana and marijuana products shall:
(a) protect the product from contamination
				and shall not impart any toxic or deleterious substance to the marijuana or
				marijuana product;
(b) be capable
				of being resealed if the package contains more than one serving size;
(c) not primarily appeal to children.
				Packaging that primarily appeals to children includes but is not limited to
				packaging that:
(i) depicts a
				child;
(ii) portrays objects,
				images, celebrities, or cartoon figures that primarily appeal to children or
				are commonly used to market products to children; or
(iii) otherwise has special attractiveness
				for children beyond the general attractiveness for adults;
(d) not bear any reasonable resemblance to
				the trademarked or characteristic packaging of any commercially available
				product including but not limited to candy, snacks, baked goods, or
				beverages.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.320 - PACKAGING AND LABELING APPLICATIONS, FEES AND DEPARTMENT APPROVAL PROCESSES; EXIT PACKAGE APPROVAL; INITIAL REQUIREMENTS APPLICABLE TO ALL LICENSEES

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this rule, "marijuana
				product categories" mean any of the marijuana and marijuana products described
				in ARM 42.39.315 through
				42.39.318 that are subject to the
				packaging and labeling requirements of
				16-12-208, MCA.
(2) For purposes of this rule, a "unique
				marijuana product package" means a custom package that contains variations in
				graphic or design elements including logos. For example, boxes used for
				pre-rolls with a graphic for "Grape Ape" and a different graphic for "Cherry
				Pie" are unique marijuana product packages.
(3) A unique marijuana product package does not mean a package
				with variations in language, such as product information or instructions, or a
				package that depicts flavor variation without an accompanying change in graphic
				or design, or a different size, shape, or color. For example, mylar bags used
				for marijuana flower with different colors for indica, sativa, or hybrid used
				in various sizes are not unique marijuana product packages.
(4) For purposes of this rule "generic
				package" or "generic packaging" means packaging without any graphic or design
				elements, including logo, whether preprinted on the package or affixed later
				with an adhesive, sticker, or by other means.
(5) All applicants, whether as an initial license applicant or
				existing licensee, must apply to the department for approval of the labeling of
				each marijuana product category intended for sale to customers.
(6) An applicant must submit a separate
				application for each label - up to a maximum of nine total label applications -
				based on the applicant's sale of some or all of the following marijuana or
				marijuana product categories:
(a)
				seeds/plants;
(b) adult-use
				flower;
(c) medical
				flower;
(d) adult-use ingestible
				marijuana-infused products;
(e)
				medical ingestible marijuana-infused products;
(f) adult-use non-ingestible marijuana-infused products;
(g) medical non-ingestible marijuana-infused
				products;
(h) adult-use marijuana
				concentrates and extracts; and
(i)
				medical marijuana concentrates and extracts.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.321 - WHOLESALE PACKAGE AND LABEL APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this rule and ARM
				42.39.320, "wholesale" means the
				act of a licensed cultivator, manufacturer, or dispensary engaged in selling
				marijuana or marijuana products in bulk or in quantities sufficient for resale,
				repackaging, or distribution by another licensee. The term does not include the
				sale of marijuana flower from licensed cultivator to licensed
				cultivator.
(2) Wholesalers of
				marijuana or marijuana products must comply with the package and label
				application requirements of ARM 42.39.320.
(3) All label and package applications for
				wholesale marijuana and marijuana products must contain photographs or accurate
				renderings of proposed labels and packages.
(4) A marijuana wholesaler must apply and
				receive department approval to use all wholesale packaging and labels before
				distributing any packaged and labeled wholesale products for final sale to
				customers. Package and label approval is not required for wholesale products
				that will receive additional processing or will be repackaged and relabeled by
				another licensee.
AUTH:
					 16-12-112,
					 16-12-208, MCA; IMP:
					 16-12-112,
					 16-12-208,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.3 - Quality Assurance; Packaging and Labeling › Rule 42.39.322 - LABELING OF SEEDS OR PLANTS

Current through Register Vol. 13, July 5, 2024
(1) Each
				package of marijuana seeds or plants shall be labeled with the following
				information:
(a) name of the dispensary
				selling the seeds or plants and the cultivator that produced the seeds or
				plants;
(b) net weight or number
				of individual seeds or number of plants, as applicable;
(c) name of the strain; and
(d) the universal marijuana symbol as
				required in ARM
				42.39.314.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.401 - MARIJUANA MANUFACTURER LICENSES - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) A marijuana manufacturer license allows a
				marijuana manufacturer to convert or to compound marijuana into marijuana
				products. A marijuana manufacturer licensee may buy marijuana and marijuana
				products from licensed marijuana cultivators and licensed marijuana
				manufacturers and may sell marijuana products to licensed marijuana
				dispensaries.
(2) The department
				shall begin accepting applications for marijuana manufacturers that are not
				former medical marijuana licensees, as defined in
				16-12-102, MCA, on July 1,
				2025.
(3) Licensees will elect
				their tier level at their next renewal date and pay the fee provided in ARM
				42.39.104.
(4) A marijuana manufacturer licensee that
				manufactures above its licensure level may be subject to administrative
				proceedings. In determining whether a marijuana manufacturer licensee has
				manufactured above its licensure level, the department will determine the
				average amount of concentrate produced each month over the previous 12
				months.
(5) The licensed premises
				of a former medical marijuana licensee that is located in a red county is not
				eligible to apply to increase its licensure level until the local government
				approval process in
				16-12-301, MCA, allows for
				marijuana manufacturing.
(6) A
				marijuana manufacturer licensee must take all reasonable measures and
				precautions to ensure the following:
(a) that
				the placement of equipment and storage of materials allow for the maintenance
				of sanitary operations for the manufacture of marijuana products;
(b) that all surfaces, including utensils
				and equipment used for the preparation of marijuana products, shall be cleaned
				and sanitized as frequently as is necessary to protect against contamination;
				and
(c) that the storage and
				transport of finished marijuana products shall be under conditions that will
				protect products against physical, chemical, and microbial
				contamination.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.402 - MARIJUANA MANUFACTURER LICENSE - CHEMICAL MANUFACTURING

Current through Register Vol. 13, July 5, 2024
(1) A marijuana manufacturer licensee that
				applies to engage in chemical manufacturing must indicate that type of
				manufacturing activity on its initial license or license renewal application.
				There is no additional cost for a marijuana manufacturer licensee who elects a
				chemical manufacturing designation on its initial license or license renewal
				application.
(2) A marijuana
				manufacturer licensee that engages in chemical manufacturing must:
(a) use only hydrocarbon-based solvents that
				are at least 99 percent pure, except when using solvents outlined in
				(3)(a);
(b) only use food grade
				nonhydrocarbon-based solvents, such as water, vegetable glycerin, vegetable
				oils, or animal fats;
(c) use a
				professional grade, closed-loop extraction system designed to recover the
				solvents;
(d) have processing
				equipment approved for use by the fire code official with jurisdiction over the
				licensed premises;
(e) have an
				emergency eye-wash station in any room in which chemical manufacturing is
				occurring;
(f) have all applicable
				safety data sheets readily available at the licensed premises; and
(g) have a current, written standard
				operating procedure available for inspection at the licensed premises that
				details employee training on closed-loop extraction system operation and proper
				handling of solvents and gasses used in processing or stored on the licensed
				premises.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.403 - MARIJUANA MANUFACTURER LICENSEE - INFUSED PRODUCTS

Current through Register Vol. 13, July 5, 2024
(1) A marijuana manufacturer licensee that
				applies to engage in marijuana-infused product manufacturing must indicate that
				type of manufacturing activity on its initial license or license renewal
				application. There is no additional cost for a marijuana manufacturer licensee
				who elects an infused product manufacturing designation on its initial license
				or license renewal application.
(2)
				A marijuana manufacturer licensee that engages in marijuana-infused product
				manufacturing must store all products that require refrigeration or freezing in
				a refrigerator or freezer until the time of sale and affix these foods with a
				label that indicates the product must be kept refrigerated or frozen, as
				appropriate.
(3) A marijuana
				manufacturer licensee that engages in marijuana-infused product manufacturing
				may not:
(a) utilize a branded, commercially
				manufactured food product (e.g., Chex Mix, Nerds Ropes) as a marijuana-infused
				product except when commercially manufactured food products are used as
				ingredients in a marijuana-infused product in a way that renders them
				unrecognizable as the commercial food product in the final marijuana-infused
				product and the licensee does not state or advertise to the consumer that the
				final marijuana-infused product contains the commercially manufactured food
				product except on the product's ingredient list;
(b) infuse any food with marijuana that
				requires heated, time-temperature control or a hot holding unit to keep it safe
				for human consumption and may not serve hot or heated foods that promote onsite
				consumption;
(c) infuse raw or
				cooked meat; or
(d) infuse root
				vegetables, including but not limited to garlic and onion, in
				oil.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.404 - MARIJUANA MANUFACTURING LICENSE - MECHANICAL MANUFACTURING

Current through Register Vol. 13, July 5, 2024
(1) A marijuana manufacturer licensee that
				applies to engage in mechanical manufacturing must indicate that type of
				manufacturing activity on its initial license or license renewal application.
				There is no additional cost for a marijuana manufacturer licensee who elects a
				mechanical manufacturing designation on its initial license or license renewal
				application.
AUTH:
					 16-12-104,
					 16-12-112,
					 16-12-221, MCA; IMP:
					 16-12-104,
					 16-12-109,
					 16-12-112,
					 16-12-201,
					 16-12-203,
					 16-12-207,
					 16-12-208,
					 16-12-210,
					 16-12-221,
					 16-12-301,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.405 - MARIJUANA CULTIVATOR LICENSES

Current through Register Vol. 13, July 5, 2024
(1) A
				marijuana cultivator license allows a marijuana cultivator to plant, cultivate,
				grow, dry, package, and label marijuana and sell marijuana to licensed
				marijuana manufacturers, licensed dispensaries, and to other licensed marijuana
				cultivators, and to sell marijuana products to licensed dispensaries. Marijuana
				cultivator licensees may not sell marijuana flower to other marijuana
				cultivator licensees.
(2) The
				department shall begin accepting applications for marijuana cultivators that
				are not former medical marijuana licensees, as defined in
				16-12-102, MCA, on July 1,
				2025.
(3) The licensed premises of
				a former medical marijuana licensee that is located in a red county is not
				eligible to apply to increase its licensure level until the local government
				approval process in
				16-12-301, MCA, allows for
				marijuana cultivation.
(4) A former
				medical marijuana licensee who engaged in outdoor cultivation before November
				3, 2020, may continue to engage in outdoor cultivation but may not expand their
				existing outdoor cultivation space.
(5) For purposes of determining the appropriate canopy license
				tier:
(a) an existing outdoor cultivation
				space counts as a cultivation facility as used in (4) and its square footage
				counts toward the total allowable square footage under each tier;
(b) a canopy is measured horizontally
				starting from the outermost point of a plant on the perimeter of a dedicated
				growing space and continuing around the outside of all plants located within
				the dedicated growing space;
(c) a
				marijuana cultivator licensee may designate multiple canopy areas at a
				cultivation facility, but each canopy area must be separated by a physical
				boundary such as an interior wall or by at least eight feet of open
				space.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.409 - MARIJUANA DISPENSARY LICENSES

Current through Register Vol. 13, July 5, 2024
(1) A
				marijuana dispensary license allows a marijuana dispensary to sell marijuana
				and marijuana products to registered cardholders and to consumers 21 years of
				age and older and to purchase marijuana and marijuana products from licensed
				cultivators, licensed manufacturers, and other licensed dispensaries.
(2) The department shall begin accepting
				applications for marijuana dispensaries from applicants that are not former
				medical marijuana licensees as defined in
				16-12-102, MCA, on July 1,
				2025.
(3) A former medical
				marijuana licensee with a dispensary located in a red county may only sell to
				registered cardholders under its existing license until the local government
				approval process in
				16-12-301, MCA, allows for adult
				use dispensaries.
(4) The fee for a
				marijuana dispensary license is per licensed premises and is the same
				regardless of whether a marijuana dispensary licensee sells only to registered
				cardholders or to registered cardholders and consumers.
(5) A marijuana dispensary licensee and its
				employees must not sell marijuana or marijuana products to any person obviously
				or apparently under the influence of drugs or alcohol.
(6) A marijuana dispensary licensee and its
				employees may sell marijuana paraphernalia to registered cardholders 18 years
				of age and older and to consumers 21 years of age and older.
(7) A marijuana dispensary licensee may not
				sell a branded, commercially manufactured food product (e.g., Chex Mix, Nerds
				Ropes) as a marijuana-infused product except when commercially manufactured
				food products are used as ingredients in a marijuana-infused product in a way
				that renders them unrecognizable as the commercial food product in the final
				marijuana-infused product and the licensee does not state or advertise to the
				consumer that the final marijuana-infused product contains the commercially
				manufactured food product except on the product's ingredient list.
(8) Marijuana dispensary customers must not
				handle marijuana or marijuana products outside of its packaging prior to
				purchase. Customers may return marijuana or marijuana products but the
				dispensary must destroy those products. Nothing in this rule prevents a
				marijuana dispensary licensee from refusing product returns.
(9) A marijuana dispensary licensee and its
				employees are prohibited from engaging in the unlicensed practice of medicine.
				A marijuana dispensary licensee and its employees must not:
(a) offer or undertake to diagnose or cure
				any human or animal disease, ailment, injury, infirmity, deformity, pain, or
				other condition, physical or mental, by use of marijuana or marijuana products
				or any other means or instrumentality; or
(b) recommend or suggest modification or elimination of any course
				of treatment that does not involve the medical use of marijuana or marijuana
				products.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.413 - TRANSPORTATION OF MARIJUANA AND MARIJUANA PRODUCTS; MARIJUANA TRANSPORTER LICENSES

Current through Register Vol. 13, July 5, 2024
(1) A marijuana
				transporter license allows a marijuana transporter to physically distribute and
				deliver marijuana and marijuana products to a licensed premises and to
				registered cardholders within the state of Montana that present a valid
				registry identification card.
(2)
				Applicants for a marijuana transporter license must submit to the department
				proof of a valid Montana driver's license.
(3) All distribution and delivery of marijuana and marijuana
				products must:
(a) occur in a motor vehicle
				as defined by ARM
				42.39.102;
(b) depart from a licensed premises and be
				delivered to a licensed premises or to a registered cardholder's address, in
				which case the registered cardholder must provide a valid registry
				identification card to the transporter prior to the transporter completing the
				transport;
(c) be accompanied by a
				transport manifest derived from the seed-to-sale tracking system that contains
				the following information:
(i) the physical
				address and license number of the departure location;
(ii) the physical address and license number
				or registered cardholder number of the arrival location;
(iii) actual date and estimated time of
				departure;
(iv) actual date and
				estimated time of arrival;
(v)
				transporter's driver's license number, vehicle make, model, and license plate
				number;
(vi) name and signature of
				each licensee or its employee accompanying the transport; and
(vii) a complete description of the
				marijuana or marijuana product being transported. The description must include:
(A) the name and type of product being
				transported;
(B) accurate amount
				of product being transported verified by count or with a weighing device
				pursuant to
				30-12-203, MCA, and ARM
				24.351.101; and
(C) RFID tracking tag numbers of the product
				being transported;
(d) be accomplished within seven days from the date and time of
				departure.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.415 - COMBINED USE LICENSES

Current through Register Vol. 13, July 5, 2024
(1) A combined use
				license allows a federally recognized tribe located in the state or a business
				entity that is majority-owned by a federally recognized tribe located in the
				state to maintain a marijuana cultivation license and one marijuana dispensary
				license.
(2) A combined use
				licensee is subject to the marijuana laws.
AUTH:
					 16-12-112,
					 16-12-225, MCA; IMP:
					 16-12-225,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.417 - MARIJUANA TESTING LABORATORY LICENSES

Current through Register Vol. 13, July 5, 2024
(1)
				A marijuana testing laboratory license allows a marijuana testing laboratory to
				provide testing of representative samples of marijuana and marijuana products
				and to provide information about the chemical composition and potency of a
				sample, as well as the presence of molds, pesticides, or other
				contaminants.
(2) A current
				marijuana testing laboratory licensee may continue to operate under its
				existing license and shall pay the annual license renewal fee provided for in
				ARM 42.39.104 at its next renewal date.
(3) The department shall begin accepting
				applications for new marijuana testing laboratories on January 1,
				2022.
(4) Applicants for marijuana
				testing laboratories must receive an endorsement from the Department of Public
				Health and Human Services' state testing laboratory before applying for
				licensure with the department. The department will accept the state
				laboratory's standard form of approval or endorsement for the applicant of a
				marijuana testing laboratory license to meet this requirement.
(5) Marijuana testing laboratories may
				transport samples of marijuana and marijuana products for testing in accordance
				with 16-12-222(4), MCA, and ARM 42.39.413(4) through (15).
(6) A marijuana testing laboratory licensee
				must provide and maintain, at its own expense, analytical testing laboratory
				professional liability insurance with an aggregate limit of one million dollars
				prior to the issuance of a license.
(7) A marijuana testing laboratory licensee
				must obtain and maintain a $25,000 surety bond which names the department as
				loss payee in the event the laboratory licensee fails to adhere to the security
				plan approved by the department, or it otherwise operates the facility in a
				manner that allows for, or results in theft, loss, or diversion of marijuana
				items. A copy of the bond must be submitted to the department as a part of the
				license application process.
AUTH: 16-12-112, 16-12-202, MCA; IMP: 16-12-112, 16-12-202,
					 16-12-222, MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.4 - License Types › Rule 42.39.420 - MARIJUANA STORAGE FACILITY ENDORSEMENT

Current through Register Vol. 13, July 5, 2024
(1)
				A marijuana transporter or a marijuana testing laboratory shall obtain a
				marijuana storage facility endorsement for any overnight storage of marijuana
				or marijuana products. A marijuana storage facility endorsement allows a
				marijuana transporter or marijuana testing laboratory to maintain a separate,
				off-site storage facility.
(2) A
				marijuana storage facility may only be used for the temporary storage of
				marijuana or marijuana products, not to exceed 48 hours. A storage facility may
				not be used to grow, process, test, manufacture, consume, or sell marijuana or
				marijuana products.
(3) A marijuana
				transporter licensee or marijuana testing laboratory with a marijuana storage
				facility endorsement may not share its storage facility with any other
				marijuana business.
(4) A marijuana
				storage facility may only be located in a jurisdiction that allows for the
				operation of a marijuana business pursuant to 16-12-301, MCA.
AUTH: 16-12-112, 16-12-222, MCA; IMP: 16-12-202, 16-12-222,
					 MCA
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.5 - Regulation of Licensees and Compliance With Marijuana Laws › Rule 42.39.501 - INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) Subject to the authority and restrictions
				under 16-12-210, MCA, the department may conduct inspections to determine
				compliance with the marijuana laws.
(2) The department may conduct the following
				types of inspections:
(a) initial
				application;
(b) renewal
				application;
(c) licensure level
				increase;
(d) complaint;
(e) deficiency follow-up; and
(f) suspension expiration.
Administrative Rules of Montana › Department 42 - REVENUE › Chapter 42.39 - CANNABIS CONTROL › Subchapter 42.39.5 - Regulation of Licensees and Compliance With Marijuana Laws › Rule 42.39.502 - DEFICIENCY REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue a deficiency report to a licensee whenever a department inspection or
				compliance audit reveals a licensee is in violation of the marijuana laws. The
				purpose of the deficiency report is to afford licensees with an opportunity to
				cure deficiencies and avoid administrative proceedings before the department's
				Office of Dispute Resolution.
(2) A
				deficiency report shall, at a minimum:
(a)
				identify the date of the inspection;
(b) identify the name of the
				inspector;
(c) identify the
				deficiencies discovered during the inspection; and
(d) cite the specific statute, rule, or local
				ordinance that the deficiency violates.