Montana Code 16-12-207. Licensing as privilege — criteria
16-12-207. Licensing as privilege — criteria. (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 applicant and is not a right to which an applicant is entitled. In making a licensing decision, the department shall consider:
Terms Used In Montana Code 16-12-207
- 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
- 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
- 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
- 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
- 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
- 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 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
- Person: means an individual, partnership, association, company, corporation, limited liability company, or organization. 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
- 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
(a)the qualifications of the applicant; and
(b)the suitability of the proposed licensed premises, including but not limited to cultivation centers, dispensaries, and manufacturing facilities.
(2)The department may deny or revoke a license based on proof that the applicant made a false statement in any part of the original application or renewal application.
(3)(a) The department shall deny a cultivator license, manufacturer license, adult-use dispensary license, medical marijuana license, or testing laboratory license if the applicant’s proposed licensed premises:
(i)is situated within a zone of a locality where an activity related to the use of marijuana conflicts with an ordinance, a certified copy of which has been filed with the department;
(ii)is not approved by local building, health, or fire officials as provided for in this chapter; or
(iii)is within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship, as a school or postsecondary school other than a commercially operated school, or as a child-care facility licensed or registered by the department of public health and human services, unless the locality requires a greater distance. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee‘s premises. This subsection (3)(a)(iii) does not apply if the application is for license renewal and the licensed premises was established before the church, synagogue, or other place of worship or school or postsecondary school or child-care facility existed on the same street.
(b)For the purposes of this subsection (3), “school” includes public and private preschools.
(c)The provisions of subsection (3)(a)(iii) apply to new license applications submitted on or after January 1, 2024.
(4)A licensee may not sell or otherwise transfer marijuana or marijuana products through a drive-up window, except that a dispensary may hand-deliver marijuana or marijuana products to a registered cardholder in a vehicle that is parked immediately outside the subject dispensary.
(5)A marijuana business may not dispense or otherwise sell marijuana or marijuana products from a vending machine or allow such a vending machine to be installed at the interior or exterior of the premises.
(6)A marijuana business may not utilize the United States postal service or an alternative carrier other than a licensed marijuana transporter to transport, distribute, ship, or otherwise deliver marijuana or marijuana products.
(7)A marijuana business may not provide free marijuana or marijuana products or offer samples of marijuana or marijuana products.
(8)Marijuana or a marijuana product may not be given as a prize, premium, or consideration for a lottery, contest, game of chance, game of skill, or competition of any kind.
(9)(a) Except as provided in subsection (9)(c), an adult-use dispensary or medical marijuana dispensary must have a single, secured entrance for patrons and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance in accordance with department rule.
(b)Except as provided in subsection (9)(c), a marijuana business that is not an adult-use dispensary or medical marijuana dispensary shall implement security measures in accordance with department rule to deter and prevent the theft of marijuana and unauthorized entrance.
(c)The provisions of this subsection (9) do not supersede any state or local requirements relating to minimum numbers of points of entry or exit or any state or local requirements relating to fire safety.
(10)Each marijuana business shall install a video monitoring system that must, at a minimum:
(a)allow for the transmission and storage, by digital means, of a video feed that displays the interior and exterior of the cannabis establishment; and
(b)be capable of being recorded as prescribed by the department.
(11)An adult-use dispensary or medical marijuana dispensary may not operate between the hours of 8 p.m. and 9 a.m. daily.
(12)A person under 21 years of age is not permitted inside a marijuana business unless the person is an employee of the marijuana business or a registered cardholder.