2019 Montana Code Annotated
Title 50. Health and Safety
Chapter 46. Use of Marijuana for Debilitating Medical Conditions
Part 3. Montana Medical Marijuana Act
50-46-344. Rulemaking authority -- fees
50-46-344. (Temporary) Rulemaking authority -- fees. (1) The department may adopt rules only as authorized in this section to specify:
(a) the manner in which the department will consider applications for licenses and endorsements and applications for registry identification cards for individuals with debilitating medical conditions and renewal of licenses, endorsements, and registry identification cards;
(b) the acceptable forms of proof of Montana residency;
(c) the procedures for obtaining fingerprints for the fingerprint and background check required under 50-46-307 and 50-46-308;
(d) the security and operating requirements for dispensaries;
(e) the security and operating requirements for chemical manufacturing, including but not limited to requirements for:
(i) safety equipment;
(ii) extraction methods, including solvent-based and solvent-free extraction; and
(iii) postprocessing procedures;
(f) notice and contested case hearing procedures for fines or license and endorsement revocations, suspensions, or modifications;
(g) the amount of usable marijuana that a registered cardholder who has not named a provider or marijuana-infused products provider may possess;
(h) implementation of a system to allow the tracking of marijuana and marijuana-infused products as required by 50-46-304;
(i) requirements and standards for the testing and retesting of marijuana and marijuana-infused products, including testing of samples collected during the department's inspections of registered premises;
(j) the amount of variance allowable in the results of raw testing data that would warrant a departmental investigation of inconsistent results as provided in 50-46-304(7);
(k) the activities that constitute advertising in violation of 50-46-341; and
(l) the fees for cardholders, endorsements for chemical manufacturing, testing laboratories, additional canopy licensure tiers created in accordance with 50-46-305, and the fingerprint and background checks required under 50-46-308 and 50-46-311. The fees and other revenues collected through the taxes paid under 15-64-102, civil penalties imposed pursuant to this part, and the licensing fees established by rule and in 50-46-347 must be sufficient to offset the expenses of administering this part. The annual cardholder license fee may not be less than $20.
(2) In establishing the canopy for a provider or marijuana-infused products provider, the department shall take into consideration:
(a) safety and security issues;
(b) the need to avoid overproduction of marijuana and marijuana-infused products;
(c) the provision of adequate access to usable marijuana to accommodate the needs of registered cardholders; and
(d) economies of scale and their effect on the ability of licensees to comply with regulatory requirements and undercut illegal market prices.
(3) The administrative rules promulgated under this part for testing laboratories must be developed and proposed by the state laboratory.
50-46-344. (Effective July 1, 2020, or on occurrence of contingency, whichever is earlier) Rulemaking authority -- fees. (1) The department may adopt rules only as authorized in this section to specify:
(a) the manner in which the department will consider applications for licenses and endorsements and applications for registry identification cards for individuals with debilitating medical conditions and renewal of licenses, endorsements, and registry identification cards;
(b) the acceptable forms of proof of Montana residency;
(c) the procedures for obtaining fingerprints for the fingerprint and background check required under 50-46-307 and 50-46-308;
(d) the security and operating requirements for dispensaries;
(e) the security and operating requirements for chemical manufacturing, including but not limited to requirements for:
(i) safety equipment;
(ii) extraction methods, including solvent-based and solvent-free extraction; and
(iii) postprocessing procedures;
(f) notice and contested case hearing procedures for fines or license and endorsement revocations, suspensions, or modifications;
(g) the amount of usable marijuana that a registered cardholder who has elected not to use the system of licensed providers and marijuana-infused products providers may possess;
(h) implementation of a system to allow the tracking of marijuana and marijuana-infused products as required by 50-46-304;
(i) requirements and standards for the testing and retesting of marijuana and marijuana-infused products, including testing of samples collected during the department's inspections of registered premises;
(j) the amount of variance allowable in the results of raw testing data that would warrant a departmental investigation of inconsistent results as provided in 50-46-304(7);
(k) the activities that constitute advertising in violation of 50-46-341; and
(l) the fees for cardholders, endorsements for chemical manufacturing, testing laboratories, additional canopy licensure tiers created in accordance with 50-46-305, and the fingerprint and background checks required under 50-46-308 and 50-46-311. The fees and other revenues collected through the taxes paid under 15-64-102, civil penalties imposed pursuant to this part, and the licensing fees established by rule and in 50-46-347 must be sufficient to offset the expenses of administering this part. The annual cardholder license fee may not be less than $20.
(2) In establishing the canopy for a provider or marijuana-infused products provider, the department shall take into consideration:
(a) safety and security issues;
(b) the need to avoid overproduction of marijuana and marijuana-infused products;
(c) the provision of adequate access to usable marijuana to accommodate the needs of registered cardholders; and
(d) economies of scale and their effect on the ability of licensees to comply with regulatory requirements and undercut illegal market prices.
(3) The administrative rules promulgated under this part for testing laboratories must be developed and proposed by the state laboratory.
History: En. Sec. 23, Ch. 419, L. 2011; amd. Sec. 20, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 16, Ch. 408, L. 2017; amd. Secs. 28, 29, Ch. 292, L. 2019; amd. Sec. 8, Ch. 411, L. 2019.
