Montana Administrative Code

42.39.108 FEES (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-344, MCA History: NEW, 2011 MAR p. 2047, Eff. 9/23/11; AMD, 2012 MAR p. 1061, Eff. 5/25/12; AMD, 2016 MAR p. 1166, Eff. 7/9/16; AMD, 2018 MAR p. 321, Eff. 4/10/18; AMD, 2020 MAR p. 914…

42.39.109 PROVIDER AND MARIJUANA-INFUSED PRODUCTS PROVIDER TIER 10 THROUGH TIER 12 CANOPY LICENSE AND REGISTERED PREMISES REQUIREMENTS (REPEALED) Authorizing statute(s): 50-46-305, MCA Implementing statute(s): 50-46-305, MCA History: NEW, 2021 MAR p. 1333, Eff. 10/9/21; REP, 2022…

42.39.110 PROVIDER AND MARIJUANA-INFUSED PRODUCTS PROVIDER TIER 10 THROUGH TIER 12 CANOPY LICENSE ANNUAL FEE REQUIREMENTS (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-305, MCA History: NEW, 2021 MAR p. 1333, Eff. 10/9/21; REP, 2022 MAR p. 1712,…

42.39.111 MARIJUANA AND MARIJUANA-INFUSED PRODUCTS PROVIDER LICENSEE REQUIREMENTS (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-312, 50-46-319, 50-46-326, 50-46-328, 50-46-329, 50-46-330, MCA History: NEW, 2018 MAR p. 592, …

42.39.112 FINGERPRINT AND BACKGROUND CHECK REQUIREMENTS A fingerprint background check by the Montana Department of Justice and Federal Bureau of Investigation is required for the following: all individuals listed on the application; and a parent or guardian of a minor serving as…

42.39.113 MARIJUANA EMPLOYEE PERMIT (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-311, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; AMD, 2020 MAR p. 914, Eff. 5/16/20; TRANS, from ARM 37.107.120, 2021 MAR p. 765, Eff. 7…

42.39.114 TRANSPORTATION AND DELIVERY OF MARIJUANA ITEMS (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-311, 50-46-319, 50-46-326, 50-46-329, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.124, 2021 …

42.39.115 WORKER PERMITS; ADDITIONAL TESTING LABORATORY WORKER REQUIREMENT 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. An applicant applying to work in a m…

42.39.117 DENIAL OF REGISTRY IDENTIFICATION CARD APPLICATION OR REVOCATION OF REGISTRY IDENTIFICATION CARD The department, after written notice to the applicant or registered cardholder, may deny or revoke an application or registry identification card if: the applicant did not p…

42.39.118 ALLOWABLE AMOUNTS 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. The department may take prior sales history and oth…

42.39.119 DENIAL OR REVOCATION OF APPLICATION, LICENSE, OR ENDORSEMENT (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-312, 50-46-329, 50-46-330, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.130, 20…

42.39.120 HEALTH CARE FACILITY PROCEDURES (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-320, 50-46-344, MCA History: NEW, 2011 MAR p. 2047, Eff. 9/23/11; TRANS, from ARM 37.107.131, 2021 MAR p. 765, Eff. 7/2/21; REP, 2022 MAR p. 1712,…

42.39.121 LICENSED PREMISES – SECURITY REQUIREMENTS 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 tr…

42.39.122 LICENSED PREMISES – MANDATORY SIGNAGE A marijuana business licensee must conspicuously display and make available its site identification certificate at each licensed premises. All marijuana business licensees, except for marijuana dispensaries, must conspicuously post …

42.39.123 ADVERTISING A licensee may promote its business and market its brand but may not advertise marijuana or marijuana products except in electronic advertising. "Advertise or advertising" means the publication, dissemination, solicitation, or circulation of visual, oral, or…

42.39.124 DETERMINATION OF PROXIMITY TO PLACE OF WORSHIP OR SCHOOL 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: the entran…

42.39.201 PRODUCING MARIJUANA-INFUSED PRODUCTS, CONCENTRATES, AND EXTRACTS (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-312, 50-46-328, 50-46-329, 50-46-330, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM…

42.39.202 SEED-TO-SALE TRACKING SYSTEM USER REQUIREMENTS 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. Additional l…

42.39.203 SEED-TO-SALE TRACKING AND RECONCILIATION A licensee must use the department's seed-to-sale tracking system as the primary inventory and record keeping system. Each individual marijuana plant that reaches a height of twelve inches must be issued a unique identification n…

42.39.301 LABELING OF MARIJUANA ITEMS (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-326, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.401, 2021 MAR p. 765, Eff. 7/2/21; REP, 2021 MAR p. 1971, Eff.…

42.39.302 PACKAGING FOR SALE TO CONSUMER (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-326, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.402, 2021 MAR p. 765, Eff. 7/2/21; REP, 2021 MAR p. 1971, E…

42.39.305 QUALITY ASSURANCE TESTING SAMPLE REQUIREMENTS (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-311, 50-46-326, 50-46-329, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.405, 2021 MAR p. 765, …

42.39.306 QUALITY ASSURANCE TESTING REQUIREMENTS (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-311, 50-46-326, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.407, 2021 MAR p. 765, Eff. 7/2/21; REP, …

42.39.307 FAILED TEST SAMPLES (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-311, 50-46-326, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.410, 2021 MAR p. 765, Eff. 7/2/21; REP, 2022 MAR p. 403, Ef…

42.39.310 WASTE MANAGEMENT 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. A licensee must store marijuana waste in a secured waste recept…

42.39.311 REPORTING REQUIREMENTS A registered cardholder must notify the department within ten days of any changes in the following: cardholder's name or address; referral physician; or change in the status of the cardholder's debilitating medical condition. A registered cardhold…

42.39.312 MARIJUANA ITEM RECALLS For purposes of this rule, the following definitions apply: "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; "affected product" means…

42.39.313 INSPECTIONS (REPEALED) Authorizing statute(s): 50-46-344, MCA Implementing statute(s): 50-46-303, 50-46-308, 50-46-311, 50-46-312, 50-46-319, 50-46-328, 50-46-329, MCA History: NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.425, 2021 MAR p. 765, Eff. 7/2/21;…

42.39.314 GENERAL LABELING REQUIREMENTS Labeling requirements apply to marijuana and marijuana products sold from a dispensary to customers and wholesale products intended for final sale to customersfrom one licensee to another. All information required on the label of marijuana …

42.39.315 LABELING REQUIREMENTS FOR MARIJUANA FLOWER For purposes of this rule and ARM 42.39.318, "flower" includes marijuana pre-rolls, but excludes infused marijuana pre-rolls. In addition to the general labeling requirements set forth in ARM 42.39.314, each package of marijuan…

42.39.316 LABELING OF INGESTIBLE MARIJUANA-INFUSED PRODUCTS 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: an ingredients list th…

42.39.317 LABELING OF NON-INGESTIBLE MARIJUANA-INFUSED PRODUCTS 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: an ingredients list that shall…

42.39.318 LABELING REQUIREMENTS FOR MARIJUANA CONCENTRATES AND EXTRACTS 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…

42.39.319 PACKAGING REQUIREMENTS All packaging of marijuana and marijuana products shall: protect the product from contamination and shall not impart any toxic or deleterious substance to the marijuana or marijuana product; be capable of being resealed if the package contains mor…

42.39.320 PACKAGING AND LABELING APPLICATIONS, FEES AND DEPARTMENT APPROVAL PROCESSES; EXIT PACKAGE APPROVAL; INITIAL REQUIREMENTS APPLICABLE TO ALL LICENSEES For purposes of this rule, "marijuana product categories" mean any of the marijuana and marijuana products described in A…

42.39.321 WHOLESALE PACKAGE AND LABEL APPLICATIONS 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, repac…

42.39.322 LABELING OF SEEDS OR PLANTS Each package of marijuana seeds or plants shall be labeled with the following information: nameof the dispensary selling the seeds or plants and the cultivator that produced the seeds or plants; net weight or number of individual seeds or num…

42.39.401 MARIJUANA MANUFACTURER LICENSES – GENERAL PROVISIONS 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 mar…

42.39.402 MARIJUANA MANUFACTURER LICENSE – CHEMICAL MANUFACTURING 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…

42.39.403 MARIJUANA MANUFACTURER LICENSE – INFUSED PRODUCTS 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 addi…

42.39.404 MARIJUANA MANUFACTURING LICENSE – MECHANICAL MANUFACTURING 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…

42.39.405 MARIJUANA CULTIVATOR LICENSES 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 cultiva…

42.39.409 MARIJUANA DISPENSARY LICENSES 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 cultiv…

42.39.413 TRANSPORTATION OF MARIJUANA AND MARIJUANA PRODUCTS; MARIJUANA TRANSPORTER LICENSES 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 w…

42.39.415 COMBINED USE LICENSES 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 cultivationlicense and one marijuana dispensary…

42.39.417 MARIJUANA TESTING LABORATORY LICENSES 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…

42.39.420 MARIJUANA STORAGE FACILITY ENDORSEMENT 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 marijuan…

42.39.501 INSPECTIONS Subject to the authority and restrictions under 16-12-210, MCA, the department may conduct inspections to determine compliance with the marijuana laws. The department may conduct the following types of inspections: initial application; renewal application; l…

42.39.502 DEFICIENCY REPORTS 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…

42.39.503 VIOLATIONS, PROCEDURES, AGGRAVATING AND MITIGATING CIRCUMSTANCES Evidence of violation by a licensee, a licensee's agent, or an employee of a licensee of any of the provisions of the marijuana laws is sufficient grounds for a warning, reprimand, suspension, revocation, …