16-12-501. Purpose. The purpose of this part is to: (1) provide a regulatory system for providing marijuana for the use of individuals with debilitating medical conditions, including posttraumatic stress disorder, in order to alleviate the symptoms of the debilitating medical condition; (2) allow for the limited cultivation, manufacture, delivery, and possession of marijuana as permitted by this chapter; […]
16-12-502. Definitions. As used in this part, the following definitions apply: (1) ”Referral physician” means an individual who: (a) is licensed under Title 37, chapter 3; and (b) is the physician to whom a patient’s treating physician has referred the patient for physical examination and medical assessment. (2) ”Standard of care” means, at a minimum, the following activities when undertaken […]
16-12-503. Medical marijuana registry — department responsibilities — issuance of cards — confidentiality. (1) The department shall establish and maintain a registry of persons who receive registry identification cards under this part. (2) The department shall issue registry identification cards to Montana residents who have debilitating medical conditions and who submit applications meeting the requirements of this […]
16-12-504 through 16-12-507 reserved.
16-12-508. Individuals with debilitating medical conditions — requirements — minors — limitations. (1) Except as provided in subsections (2) through (5), the department shall issue a registry identification card to an individual with a debilitating medical condition who submits the following, in accordance with department rules: (a) an application on a form prescribed by the department; (b) an […]
16-12-509. Written certification — accompanying statements. (1) The written certification provided by a physician must be made on a form prescribed by the department and signed and dated by the physician. The written certification must: (a) include the physician’s name, license number, and office address and telephone number on file with the board of medical examiners and […]
16-12-510 through 16-12-512 reserved.
16-12-513. Registry identification card to be exhibited on demand — photo identification required. (1) A registered cardholder shall keep the individual’s registry identification card in the individual’s immediate possession at all times. The registry identification card and a valid photo identification must be displayed upon demand of a law enforcement officer, justice of the peace, or […]
16-12-514. Health care facility procedures for patients with marijuana for use. (1) (a) A health care facility as defined in 50-5-101 shall take the following measures when a patient who is a registered cardholder has marijuana in the patient’s possession upon admission to the health care facility: (i) require the patient to remove the marijuana from the […]
16-12-515. Legal protections — allowable amounts. (1) (a) A registered cardholder who has elected to obtain marijuana and marijuana products through the system of licensed cultivators, manufacturers, or dispensaries may: (i) possess up to 1 ounce of usable marijuana; and (ii) purchase a maximum of 5 ounces of usable marijuana a month and no more than 1 ounce […]
16-12-516 through 16-12-519 reserved.
16-12-520. Prohibitions on physician affiliation with licensees — sanctions. (1) (a) A physician who provides written certifications may not: (i) accept or solicit anything of value, including monetary remuneration, from a person licensed under this chapter; (ii) offer a discount or any other thing of value to a patient who uses or agrees to use a person licensed […]
16-12-521 and 16-12-522 reserved.
16-12-523. Unlawful conduct by cardholders — penalties. (1) The department shall revoke and may not reissue the registry identification card of an individual who: (a) is convicted of a drug offense; or (b) allows another individual to be in possession of the individual’s: (i) registry identification card, except as provided for in 16-12-513; or (ii) mature marijuana plants, seedlings, usable […]
16-12-524. Fraudulent representation — penalties. (1) In addition to any other penalties provided by law, an individual who fraudulently represents to a law enforcement official that the individual is a registered cardholder is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not to exceed 1 year or a fine not […]
16-12-525. Confidentiality of registry information — penalty. (1) Except as provided in 37-3-203, a person, including an employee or official of the department, commits the offense of disclosure of confidential information related to registry information if the person knowingly or purposely discloses confidential information in violation of this part. (2) A person convicted of a violation of […]
16-12-526. Law enforcement authority. Nothing in this chapter may be construed to limit a law enforcement agency’s ability to investigate unlawful activity in relation to an individual with a registry identification card. History: En. Sec. 21, Ch. 576, L. 2021.
16-12-527 through 16-12-531 reserved.
16-12-532. Legislative monitoring. (1) The economic affairs interim committee shall provide oversight of the department’s activities pursuant to this part, including but not limited to monitoring of: (a) the number of registered cardholders; and (b) the number and type of violations committed by registered cardholders, together with the penalties imposed upon registered cardholders by the department. (2) The committee […]
16-12-533. Rulemaking authority — fees. The department may adopt rules to implement this part as authorized in this section to specify: (1) the manner in which the department will consider applications for registry identification cards for individuals with debilitating medical conditions and renewal of registry identification cards; (2) the acceptable forms of proof of Montana residency; (3) notice and […]
