2019 Montana Code Annotated
Title 50. Health and Safety
Chapter 46. Use of Marijuana for Debilitating Medical Conditions
Part 3. Montana Medical Marijuana Act
50-46-318. Health care facility procedures for patients with marijuana for use
50-46-318. Health care facility procedures for patients with marijuana for use. (1) (a) Except for hospices and residential care facilities that allow the use of marijuana as provided in 50-46-320, 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 premises before the patient is admitted if the patient is able to do so; or
(ii) make a reasonable effort to contact the patient's provider, marijuana-infused products provider, court-appointed guardian, or individual with a power of attorney, if any.
(b) If a patient is unable to remove the marijuana or the health care facility is unable to contact an individual as provided in subsection (1)(a), the facility shall contact the local law enforcement agency having jurisdiction in the area where the facility is located.
(2) A provider, marijuana-infused products provider, court-appointed guardian, or individual with a power of attorney, if any, contacted by a health care facility shall remove the marijuana and deliver it to the patient's residence.
(3) A law enforcement agency contacted by a health care facility shall respond by removing and destroying the marijuana.
(4) A health care facility may not be charged for costs related to removal of the marijuana from the facility's premises.
History: En. Sec. 9, Ch. 419, L. 2011; amd. Sec. 11, I.M. No. 182, approved Nov. 8, 2016.
