Title 16, Title 16

If a court of competent jurisdiction finds that the provisions of 16-11-401 through 16-11-403 and of this part conflict and cannot be harmonized, then the legislature intends the provisions of 16-11-401 through 16-11-403 to control. Except as specifically provided in this part, t…

(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 regul…

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 ap…

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.

(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) …

(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, manufactu…

(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 detain, search, or arrest, or other…

(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 disciplinar…

(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 mariju…

(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 license…

(1) The economic affairs interim committee shall provide oversight of activities pursuant to this chapter, including but not limited to monitoring of: (a) the number of licensees; (b) (i) the total square footage of canopy licensed in the state; and (ii) the percentage of total c…

(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 collecte…

(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 …

(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 petition under su…

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 …

(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, appoin…

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 acc…

(1) A person may not manufacture, process, store, or offer for sale a synthetic cannabinoid or a synthetic cannabinoid product. (2) Marijuana and marijuana products may only be sold by a manufacturer licensed under 16-12-222, a cultivator licensed under 16-12-223, or a dispensary…

(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) sub…

(1) The department shall create and maintain a hotline to receive reports of suspected abuse of the provisions of this chapter. (2) A person may submit a complaint to the department alleging a violation of this chapter and specifying the grounds for the complaint. (3) The departm…

(1) In addition to any other requirement imposed under this chapter, before issuing any license under this chapter the department shall conduct: (a) a fingerprint-based background check meeting the requirements for a fingerprint-based background check by the department of justice…

(1) (a) Between July 1, 2025, and June 30, 2027, the department: (i) may accept applications from and issue licenses to persons qualified for licensure under this chapter only if the application is related to an existing licensed premises; (ii) may allow a licensee to move an exi…

(1) (a) A person who obtains a testing laboratory license or is an employee of a licensed testing laboratory is authorized to possess and test marijuana as allowed by this chapter. (b) A person who is a controlling beneficial owner of a testing laboratory or holds a financial int…

(1) (a) Subject to subsection (3) and this subsection (1), the department shall issue a license to or renew a license for a person who is applying to be a cultivator, manufacturer, medical marijuana dispensary, adult-use dispensary, or testing laboratory if the person submits to …

(1) A testing laboratory may: (a) measure the tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid content of marijuana and marijuana products; and (b) test marijuana and marijuana products for pesticides, solvents, moisture levels, mold, mildew,…

(1) A cultivator license, manufacturer license, adult-use dispensary license, medical marijuana dispensary license, combined-use marijuana license, marijuana transporter license, or any other license authorized under this chapter is a privilege that the state may grant to an appl…

(1) A cultivator or manufacturer may not cultivate marijuana or manufacture marijuana products in a manner that is visible from the street or other public area without the use of binoculars, aircraft, or other optical aids. (2) A cultivator or manufacturer may not cultivate, proc…

(1) A cultivator, manufacturer, adult-use dispensary, or medical marijuana dispensary may not sell marijuana or marijuana products until the marijuana or marijuana products have been tested by a testing laboratory and meet the requirements of this section. The licensee shall pay …

(1) (a) The department shall conduct unannounced inspections of licensed premises. (b) The department may not conduct more than two unannounced inspections of a licensed premises per year unless a citation has been issued to a licensee at the premises within the last 2 years or t…

(1) Except as provided in subsection (3), persons with licenses may not advertise marijuana or marijuana products. (2) A listing in a directory of businesses authorized under this chapter is not advertising for the purposes of this section. (3) (a) A licensee may engage in electr…

(1) A person may not manufacture, package, sell, or transfer any marijuana or marijuana product unless the package containing the marijuana or marijuana product bears a warning label. The text of the warning label must be displayed in a legible font, such as times new roman, aria…

(1) A person licensed as a manufacturer shall: (a) prepare marijuana products at a licensed premises exclusively; and (b) use equipment that is used exclusively for the manufacture and preparation of marijuana products. (2) All licensed premises on which marijuana products are ma…

(1) (a) A marijuana transporter license may be issued to a person to provide logistics, distribution, delivery, and storage of marijuana and marijuana products. A marijuana transporter license is valid for 2 years. A licensed marijuana transporter is responsible for the marijuana…

(1) (a) The department shall license cultivators according to a tiered canopy system. Except as provided in subsection (6), all cultivation that is licensed under this chapter may only occur at an indoor cultivation facility. (b) Except as provided in subsection (6), the system m…

(1) An applicant for a dispensary license shall demonstrate that the local government approval provisions in 16-12-301 have been satisfied in the jurisdiction where each proposed dispensary is located if the proposed dispensary would be located in a county in which the majority o…

(1) The department may issue a total of eight combined-use marijuana licenses to entities that are: (a) a federally recognized tribe located in the state; or (b) a business entity that is majority-owned by a federally recognized tribe located in the state. (2) A combined-use mari…

(1) A marijuana worker permit is required for an employee who performs work for or on behalf of a marijuana business if the individual participates in any aspect of the marijuana business. (2) A marijuana business may not allow an employee to perform any work at the licensed prem…

(1) (a) Except as provided in subsection (1)(b), a marijuana business may not operate in a county in which the majority of voters voted against approval of Initiative Measure No. 190 in the November 3, 2020, general election until: (i) the category or categories of license that t…

(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) a cultivator, manufacturer, adult-use dispensary, medical marijuana dispensary, testing laboratory, or marijuana transporter…

Nothing in this chapter may be construed to limit a law enforcement agency's ability to investigate unlawful activity in relation to a person or individual with a license.

(1) Marijuana, paraphernalia relating to marijuana, or other property seized by a law enforcement official from a person claiming the protections of this chapter in connection with the cultivation, manufacture, possession, transportation, distribution, or use of marijuana must be…

(1) A local government may, by ordinance or otherwise, impose regulations regarding products under 16-12-117(1) and (3). (2) The department of agriculture, the department of justice, the department of public health and human services, local sheriff departments, municipal police d…

As required by 7-1-112, 16-12-309 through 16-12-312, and 16-12-317 specifically delegate to the qualified electors of a county the power to authorize their county to impose a local-option marijuana excise tax within the corporate boundary of the county.

(1) The rate of the local-option marijuana excise tax must be established by the election petition or resolution provided for in 16-12-311, and the rate may not exceed 3%. (2) The local-option marijuana excise tax is a tax on the retail value of all marijuana and marijuana produc…

(1) A county that has permitted an adult-use dispensary or medical marijuana dispensary to operate within its borders pursuant to 16-12-301 or a county in which the majority of voters voted to approve Initiative Measure No. 190 in the November 3, 2020, general election, may not i…

(1) Not less than 90 days prior to the date that the local-option marijuana excise tax becomes effective, the county shall notify the department of the results of the election and coordinate with the department to facilitate the administration and collection of the local-option m…