Terms Used In Montana Code > Title 16 > Chapter 12 > Part 2 - Licensing and Regulation

• 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 approved under this chapter; and

  (b)sell marijuana or marijuana products to registered cardholders, adults that are 21 years of age or older, or both. See Montana Code 16-12-102

• Affiliate: means a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, another person. See Montana Code 16-12-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Canopy: means the total amount of square footage dedicated to live plant production at a licensed premises consisting of the area of the floor, platform, or means of support or suspension of the plant. See Montana Code 16-12-102
• cardholder: means a Montana resident with a debilitating medical condition who has received and maintains a valid registry identification card. See Montana Code 16-12-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means a person 21 years of age or older who obtains or possesses marijuana or marijuana products for personal use from a licensed dispensary but not for resale. See Montana Code 16-12-102
• Contract: A legal written agreement that becomes binding when signed.
• Controlling beneficial owner: means a person that satisfies one or more of the following:

  (a)is a natural person, an entity that is organized under the laws of and for which its principal place of business is located in one of the states or territories of the United States or District of Columbia, or a publicly traded corporation, and:

  (i)acting alone or acting in concert, owns or acquires beneficial ownership of 5% or more of the owner's interest of a marijuana business;

  (ii)is an affiliate that controls a marijuana business and includes, without limitation, any manager; or

  (iii)is otherwise in a position to control the marijuana business; or

  (b)is a qualified institutional investor acting alone or acting in concert that owns or acquires beneficial ownership of more than 15% of the owner's interest of a marijuana business. See Montana Code 16-12-102

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cultivator: means a person licensed by the department to:

  (a)plant, cultivate, grow, harvest, and dry marijuana; and

  (b)package and relabel marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale through a licensed dispensary. See Montana Code 16-12-102

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-12-102
• Employee: means an individual employed to do something for the benefit of an employer. See Montana Code 16-12-102
• Financial interest: means a legal or beneficial interest that entitles the holder, directly or indirectly through a business, an investment, or a spouse, parent, or child relationship, to 5% or more of the net profits or net worth of the entity in which the interest is held. See Montana Code 16-12-102
• Former medical marijuana licensee: means a person that was licensed by or had an application for licensure pending with the department of public health and human services to provide marijuana to individuals with debilitating medical conditions on April 27, 2021. See Montana Code 16-12-102
• Indoor cultivation facility: means an enclosed area used to grow live plants that is within a permanent structure using artificial light exclusively or to supplement natural sunlight. See Montana Code 16-12-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Licensed premises: means all locations related to, or associated with, a specific license that is authorized under this chapter and includes all enclosed public and private areas at the location that are used in the business operated pursuant to a license, including offices, kitchens, restrooms, and storerooms. See Montana Code 16-12-102
• Licensee: means a person holding a state license issued pursuant to this chapter. See Montana Code 16-12-102
• Local government: means a county, a consolidated government, or an incorporated city or town. See Montana Code 16-12-102
• Manufacturer: means a person licensed by the department to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or relabel marijuana products as allowed under this chapter. See Montana Code 16-12-102
• Marijuana: means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination. See Montana Code 16-12-102
• Marijuana business: means a cultivator, manufacturer, adult-use dispensary, medical marijuana dispensary, combined-use marijuana licensee, testing laboratory, marijuana transporter, or any other business or function that is licensed by the department under this chapter. See Montana Code 16-12-102
• Marijuana concentrate: means any type of marijuana product consisting wholly or in part of the resin extracted from any part of the marijuana plant. See Montana Code 16-12-102
• Marijuana product: means a product that contains marijuana and is intended for use by a consumer. See Montana Code 16-12-102
• Marijuana transporter: means a person that is licensed to transport marijuana and marijuana products from one marijuana business to another marijuana business, or to and from a testing laboratory, and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises, but is not authorized to sell marijuana or marijuana products to consumers under any circumstances. See Montana Code 16-12-102
• Medical marijuana: means marijuana or marijuana products that are for sale solely to a cardholder who is registered under Title 16, chapter 12, part 5. See Montana Code 16-12-102
• Medical marijuana dispensary: means the location from which a registered cardholder may obtain marijuana or marijuana products. See Montana Code 16-12-102
• Outdoor cultivation: means live plants growing in an area exposed to natural sunlight and environmental conditions including variable temperature, precipitation, and wind. See Montana Code 16-12-102
• Passive beneficial owner: means any person acquiring an owner's interest in a marijuana business that is not otherwise a controlling beneficial owner or in control. See Montana Code 16-12-102
• Person: means an individual, partnership, association, company, corporation, limited liability company, or organization. See Montana Code 16-12-102
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Resident: means an individual who meets the requirements of 1-1-215. See Montana Code 16-12-102
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Synthetic cannabinoids: has the meaning provided in 50-32-222 and includes any cannabinoids produced artificially, whether from chemical synthesis or biosynthesis using recombinant biological agents, including but not limited to yeast and algae. See Montana Code 16-12-102
• Testing laboratory: means a qualified person, licensed under this chapter that:

  (a)provides testing of representative samples of marijuana and marijuana products; and

  (b)provides information regarding the chemical composition and potency of a sample, as well as the presence of molds, pesticides, or other contaminants in a sample. See Montana Code 16-12-102

• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usable marijuana: means the dried leaves and flowers of the marijuana plant that are appropriate for the use of marijuana by an individual. See Montana Code 16-12-102
• Writing: includes printing. See Montana Code 1-1-203