Montana Code 16-12-508. Individuals with debilitating medical conditions — requirements — minors — limitations
16-12-508. Individuals with debilitating medical conditions — requirements — minors — limitations. (1) Except as provided in subsections (2) through (5), the department shall issue a registry identification card to an individual with a debilitating medical condition who submits the following, in accordance with department rules:
Terms Used In Montana Code 16-12-508
- 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
- Debilitating medical condition: means :
(a)cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient's health status;
(b)cachexia or wasting syndrome;
(c)severe chronic pain that is a persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient's treating physician;
(d)intractable nausea or vomiting;
(e)epilepsy or an intractable seizure disorder;
(f)multiple sclerosis;
(g)Crohn's disease;
(h)painful peripheral neuropathy;
(i)a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms;
(j)admittance into hospice care in accordance with rules adopted by the department; or
(k)posttraumatic stress disorder. See Montana Code 16-12-102
- Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-12-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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 product: means a product that contains marijuana and is intended for use by a consumer. See Montana Code 16-12-102
- Referral physician: means an individual who:
(a)is licensed under Title 37, chapter 3; and
(b)is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment. See Montana Code 16-12-502
- Registry identification card: means a document issued by the department pursuant to 16-12-503 that identifies an individual as a registered cardholder. See Montana Code 16-12-102
- Treating physician: means an individual who:
(a)is licensed under Title 37, chapter 3; and
(b)has a bona fide professional relationship with the individual applying to be a registered cardholder. See Montana Code 16-12-502
- Written certification: means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care. See Montana Code 16-12-502
(a)an application on a form prescribed by the department;
(b)an application fee or a renewal fee;
(c)the individual’s name, street address, and date of birth;
(d)proof of Montana residency;
(e)a statement, on a form prescribed by the department, that the individual will not divert to any other individual the marijuana or marijuana products that the individual cultivates, manufactures, or obtains through the system of licensed providers for the individual’s debilitating medical condition;
(f)the name of the individual’s treating physician or referral physician and the street address and telephone number of the physician’s office;
(g)the street address where the individual is cultivating marijuana or manufacturing marijuana products if the individual is cultivating marijuana or manufacturing marijuana products for the individual’s own use; and
(h)the written certification and accompanying statements from the individual’s treating physician or referral physician as required pursuant to 16-12-509.
(2)The department shall issue a registry identification card to a minor if the materials required under subsection (1) are submitted and the minor’s custodial parent or legal guardian with responsibility for health care decisions:
(a)provides proof of legal guardianship and responsibility for health care decisions if the individual is submitting an application as the minor’s legal guardian with responsibility for health care decisions; and
(b)signs and submits a written statement that:
(i)the minor’s treating physician or referral physician has explained to the minor and to the minor’s custodial parent or legal guardian with responsibility for health care decisions the potential risks and benefits of the use of marijuana;
(ii)indicates whether the minor’s custodial parent or legal guardian will be obtaining marijuana or marijuana products for the minor through the system of licensed dispensaries provided for in this chapter; and
(iii)the minor’s custodial parent or legal guardian with responsibility for health care decisions:
(A)consents to the use of marijuana by the minor;
(B)agrees to control the acquisition of marijuana and the dosage and frequency of the use of marijuana by the minor; and
(C)agrees that the minor will use only marijuana products intended for use by a means other than smoking and will not smoke marijuana;
(c)if the parent or guardian will be serving as the minor’s cultivator, undergoes background checks in accordance with subsection (3). The parent or legal guardian shall pay the costs of the background check and may not obtain a license under this chapter if the parent or legal guardian does not meet the requirements set forth in this chapter.
(d)pledges, on a form prescribed by the department, not to divert to any individual any marijuana purchased for the minor’s use in a marijuana product.
(3)A parent serving as a minor’s cultivator shall submit fingerprints to facilitate a fingerprint and background check by the department of justice and federal bureau of investigation upon the minor’s initial application for a registry identification card and every 5 years after that. The department shall conduct a name-based background check in years when a fingerprint background check is not required.
(4)An application for a registry identification card for a minor must be accompanied by the written certification and accompanying statements required pursuant to 16-12-509 from a second physician in addition to the minor’s treating physician or referral physician unless the minor’s treating physician or referral physician is an oncologist, neurologist, or epileptologist.
(5)An individual may not be a registered cardholder if the individual is in the custody of or under the supervision of the department of corrections or a youth court.