Montana Administrative Code

42.39.504 SUSPENSION AND REVOCATION OF A LICENSE The department may suspend a license for any period of time not to exceed one year. The department shall revoke the license or licenses of a licensee that commits the offenses stated in 16-12-109(5), MCA, and for a marijuana testin…

42.39.505 SERVICE OF NOTICES A notice of proposedadverse action issued by the department pursuant tothe marijuana lawsshall be served upon the licensee by sending a copy of the notice to the licensee by electronic means to the email address on file with the department. Service sh…

42.39.506 SUSPENSION OR REVOCATION OF WORKER PERMITS Whenever the department seeks to suspend or revoke the permit of any marijuana worker, the department shall serve the marijuana worker with a notice of proposed department action, as provided in ARM 42.39.503.The notice of prop…

42.39.507 CIVIL PENALTIES When determining the amount of civil penalty imposed pursuant to 16-12-109, MCA, and rules of the department, the department shall consider aggravating and mitigating circumstances and the severity of the violation or violations as set forth in ARM 42.39…

42.39.508 NOTICE POSTING PROCEDURE UPON REVOCATION OR SUSPENSION OF LICENSE When any marijuana business license is suspended or revoked by the department, the department shall provide a written notice to the licensee and require the licensee to post the notice on the inside of th…

42.39.601 DEFINITIONS As used in this subchapter, the following definitions apply: "Acceptance criteria" means the specified limits placed on the characteristics of an item or method that are used to determine data quality. "Accredited college or university" means a college or un…

42.39.602 TESTING LABORATORY GENERAL REQUIREMENTS A testing laboratory must employ a full-time scientific director that meets the minimum requirements described in 16-12-206, MCA. The scientific director must ensure that: the testinglaboratory achieves and maintains ISO/IEC 17025…

42.39.603 TESTING LABORATORY ENDORSEMENT APPLICATION REQUIREMENTS A testing laboratory applicantmust meet all applicable requirements under the marijuana laws in order to qualify for endorsement of eitherlicensure orrenewal. An applicant must provide the department with documenta…

42.39.604 TESTING LABORATORY QUALITY ASSURANCE PROGRAM The testing laboratory shall develop and implement a quality assurance program to assure the reliability and validity of the analytical data produced by the testing laboratory. The quality assurance program shall, at a minimu…

42.39.607 TESTING LABORATORY REQUIRED PROFICIENCY TESTING For a testinglaboratory to become endorsed to conduct quality assurance testing, the testinglaboratory must, at its own expense, meet the proficiency testing requirements of this subchapter. A testing laboratory shall succ…

42.39.608 TESTING LABORATORY SATISFACTORY AND UNSATISFACTORY PROFICIENCY TEST PERFORMANCE The testing laboratory shall be deemed to have "successfully" participated in a proficiency testing program for an analyte tested in a specific method if the test results demonstrate a "sati…

42.39.609 TESTING LABORATORY QUALITY CONTROL The testing laboratory shall use quality controlsamples and adhere toISO 17025:2017in the performance of all quality assurance testing according to the following specifications: the testing laboratory shall analyze quality control samp…

42.39.610 QUALITY ASSURANCE SAMPLING PROTOCOL A testing laboratory must collect samples of marijuana items from licensees for any type of testing. A testing laboratory must develop and implement a sampling SOP that details at minimum: the testing laboratory's method for obtaining…

42.39.613 TESTING LABORATORY FAILED LABORATORY TEST SAMPLES If the results of quality assurance testing for any analyte/method exceed the action levels defined in ARM 37.107.316, then the laboratory test sample and related lot or test batch has "failed" quality assurance testing.…

42.39.614 QUALITY ASSURANCE TESTING REQUIREMENTS All marijuana items intended for final sale or transfer to a customer shall be tested in its final form. The addition of any ingredient or reagent after final quality assurance testing will require retesting with respect to the man…

42.39.617 SUSPENSION OF TESTING LABORATORIES The state laboratory may, after written notice to the testing laboratory, suspend the testing laboratory's license for a period of up to three months upon determining that a testing laboratory is providing inconsistent results in accor…

42.39.701 DEFINITIONS The following definitions apply to this chapter: “Chemical synthesis” means a process to create a chemical substance through a chemical reaction or conversion by human agency, which changes the molecular structure of any chemical substance, including but not…

42.39.702 SYNTHETIC CANNABINOIDS PROHIBITED The following cannabinoids are considered synthetic cannabinoids and any products with these cannabinoids at any appreciable levels are synthetic cannabinoid products: Tetrahydrocannabinol alkyl analogues C4 or higher including but not …

42.4.101 DETERMINATION OF APPROPRIATE SYSTEMS (REPEALED) Authorizing statute(s): 15-1-201, 15-32-203, MCA Implementing statute(s): 15-6-201, 15-32-201, 15-32-202, MCA History: NEW, 1986 MAR p. 2011, Eff. 12/12/86; REP, 2000 MAR p. 3560, Eff. 12/22/00.

42.4.102 INCOME TAX CREDIT FOR NONFOSSIL ENERGY GENERATION SYSTEM (REPEALED) Authorizing statute(s): 15-32-203, MCA Implementing statute(s): 15-32-201, 15-32-202, MCA History: NEW, 1977 MAR p. 974, Eff. 11/26/77; AMD, 1982 MAR p. 10, Eff. 1/15/82; AMD, 1983 MAR p. 1266, Eff. 9/16…

42.4.104 ENERGY GENERATING SYSTEMS (REPEALED) (REPEALED) Authorizing statute(s): 15-1-201, 15-32-105,15-32-203, MCA Implementing statute(s): 15-6-224, 15-6-225, 15-32-102, 15-32-105, 15-32-115, 15-32-201, 15-32-202, MCA History: NEW, 1986 MAR p. 2011, Eff. 12/12/86; AMD, 2000 MAR…

42.4.106 OTHER ENERGY GENERATING SYSTEMS (REPEALED) Authorizing statute(s): 15-1-201, 15-32-203, MCA Implementing statute(s): 15-6-201, 15-32-201, 15-32-202, MCA History: NEW, 1986 MAR p. 2011, Eff. 12/12/86; AMD, 2000 MAR p. 3560, Eff. 12/22/00; REP, 2010 MAR p. 1407, Eff. 6/11/…

42.4.110 DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 15-1-201, 15-32-203, MCA Implementing statute(s): 15-32-102, 15-32-115, 15-32-201, 15-32-202, MCA History: NEW, 2002 MAR p. 1094, Eff. 4/12/02; AMD, 2002 MAR p. 3705, Eff. 12/27/02; AMD, 2004 MAR p. 1965, Eff. 8/2…

42.4.118 MULTIPLE INVESTORS CLAIMING THE ALTERNATIVE ENERGY SYSTEM If more than one qualifying individual invests in a qualifying alternative energy system each may claim the credit provided the total of the credits claimed by all the individuals does not exceed the amount spent.…

42.4.1202 APPLICATION OF CREDITS AGAINST CORPORATE INCOME TAX LIABILITY Only the corporation that earned the tax credit may claim that credit against its own corporate income tax liability. A corporation earns a tax credit if it is the entity that made the qualifying investment o…

42.4.121 INDIVIDUAL ENERGY-RELATED TAX BENEFITS (REPEALED) Authorizing statute(s): 15-1-201, 15-32-203, MCA Implementing statute(s): 15-32-102, 15-32-109, 15-32-115, 15-32-201, 15-32-202, MCA History: NEW, 2010 MAR p. 1407, Eff. 6/11/10; REP, 2022 MAR p. 837, Eff. 5/28/22.

42.4.1601 DEFINITIONS (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-8-111, 15-31-125, MCA History: NEW, 2004 MAR p. 1965, Eff. 8/20/04; REP, 2022 MAR p. 166, Eff. 1/29/22.

42.4.1602 CREDIT FOR NEW OR EXPANDING CORPORATIONS (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-124, MCA History: NEW, Eff. 4/6/76; AMD, 2000 MAR p. 1346, Eff. 5/26/00; TRANS, from ARM 42.23.511, 2004 MAR p. 1965, Eff. 8/20/04; REP, …

42.4.1603 PERIOD OF ELIGIBILITY (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-124, 15-31-125, MCA History: NEW, Eff. 4/6/76; AMD, 2000 MAR p. 1346, Eff. 5/26/00; TRANS, from ARM 42.23.512, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2008 MAR…

42.4.1604 MANUFACTURING (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-6-225, 15-31-124, MCA History: NEW, Eff. 4/6/76; AMD, 2000 MAR p. 1346, Eff. 5/26/00; AMD, 2002 MAR p. 1094, Eff. 4/12/02; AMD and TRANS, from ARM 42.23.513, 2004 MAR …

42.4.1605 NEW CORPORATION (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-124, MCA History: NEW, Eff. 4/6/76; AMD, 1992 MAR p. 1764, Eff. 8/14/92; TRANS, from ARM 42.23.514, 2004 MAR p. 1965, Eff. 8/20/04; REP, 2022 MAR p. 166, Eff. 1/2…

42.4.1606 EXPANDING CORPORATION (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-124, MCA History: NEW, Eff. 4/6/76; AMD, 1992 MAR p. 1764, Eff. 8/14/92; TRANS, from ARM 42.23.515, 2004 MAR p. 1965, Eff. 8/20/04; REP, 2022 MAR p. 166, Ef…

42.4.1607 COMPLIANCE WITH CERTAIN STATUTES REQUIRED (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-125, MCA History: NEW, Eff. 4/6/76; AMD and TRANS, from ARM 42.23.516, 2004 MAR p. 1965, Eff. 8/20/04; REP, 2022 MAR p. 166, Eff. 1/29/2…

42.4.1608 SUBMISSION OF EMPLOYEE LISTS (REPEALED) Authorizing statute(s): 15-31-127, 15-31-501, MCA Implementing statute(s): 15-31-125, MCA History: NEW, Eff. 4/6/76; AMD and TRANS, from ARM 42.23.518, 2004 MAR p. 1965, Eff. 8/20/04; AMD, 2013 MAR p. 216, Eff. 2/15/13; REP, 2022 …