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, […]
16-12-102. Definitions. As used in this chapter, the following definitions apply: (1) ”Adult-use dispensary” means a licensed premises from which a person licensed by the department may: (a) obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved under this chapter; and (b) sell marijuana or marijuana products to registered cardholders, adults that are […]
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.
16-12-104. Department responsibilities — licensure. (1) The department shall establish and maintain a registry of persons who receive licenses under this chapter. (2) (a) The department shall issue the following license types to persons who submit applications meeting the requirements of this chapter: (i) cultivator license; (ii) manufacturer license; (iii) adult-use dispensary license or a medical marijuana dispensary license; (iv) testing laboratory […]
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, […]
16-12-106. Personal use and cultivation of marijuana — penalties. (1) Subject to the limitations in 16-12-108, the following acts are lawful and may not be an offense under state law or the laws of any local government within the state, be a basis to impose a civil fine, penalty, or sanction, or be a basis to […]
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 […]
16-12-108. Limitations of act. (1) This chapter does not permit: (a) any individual to operate, navigate, or be in actual physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana or marijuana products; (b) consumption of marijuana or marijuana products while operating or being in physical control […]
16-12-109. Unlawful conduct by licensees — penalties. (1) If the department has reasonable cause to believe that a licensee has violated a provision of this chapter or a rule of the department, it may, in its discretion and in addition to any other penalties prescribed: (a) reprimand a licensee; (b) revoke the license of the licensee; (c) suspend the […]
16-12-110. Legislative monitoring. (1) The economic affairs interim committee shall provide oversight of the department’s activities pursuant to this chapter, including but not limited to monitoring of: (a) the number of licensees; (b) issues related to the cultivation, manufacture, sale, testing, and use of marijuana; and (c) the development, implementation, and use of the seed-to-sale tracking system established in […]
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 […]
16-12-112. Rulemaking authority — fees. (1) The department may adopt rules to implement and administer this chapter, including: (a) the manner in which the department will consider applications for licenses, permits, and endorsements and renewal of licenses, permits, and endorsements; (b) the acceptable forms of proof of Montana residency; (c) the procedures for obtaining fingerprints for the fingerprint-based and […]
16-12-113. Decriminalized acts — petition for expungement or resentencing — retroactive application. (1) A person currently serving a sentence for an act that is permitted under this chapter or is punishable by a lesser sentence under this chapter than the person was awarded may petition for an expungement of the conviction or resentencing. (2) Upon receiving a […]
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 […]
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 […]
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 […]
16-12-117 through 16-12-121 reserved.
16-12-122. Healing and ending addiction through recovery and treatment account. (1) There is a healing and ending addiction through recovery and treatment account in the state special revenue fund. The account consists of money transferred to the account pursuant to 16-12-111. (2) Revenue in the account must be used to provide statewide programs for: (a) substance use disorder […]
16-12-123 and 16-12-124 reserved.
16-12-125. Hotline. (1) The department shall create and maintain a hotline to receive reports of suspected abuse of the provisions of this chapter. (2) An individual making a complaint must be a resident and shall provide the individual’s name, street address, and phone number. (3) (a) The department shall provide a copy of the complaint to the person or […]
