Montana Code 16-12-104. Department responsibilities — licensure
16-12-104. Department responsibilities — licensure. (1) The department shall establish and maintain a registry of persons who receive licenses under this chapter.
Terms Used In Montana Code 16-12-104
- 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
- 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.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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
- 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
- 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
- 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
- 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.
- 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
- 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
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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
- Writing: includes printing. See Montana Code 1-1-203
(2)(a) The department shall issue the following license types to persons who submit applications meeting the requirements of this chapter:
(i)cultivator license;
(ii)manufacturer license;
(iii)adult-use dispensary license or a medical marijuana dispensary license;
(iv)testing laboratory license.
(v)marijuana transporter license.
(vi)combined-use marijuana license.
(b)The department may establish other license types, subtypes, endorsements, and restrictions it considers necessary for the efficient administration of this chapter.
(3)A licensee may not cultivate hemp or engage in hemp manufacturing at a licensed premises.
(4)A person licensed to cultivate or manufacture marijuana or marijuana products is subject to the provisions contained in the Montana Pesticides Act provided for in Title 80, chapter 8.
(5)The department shall assess applications for licensure or renewal to determine if an applicant, controlling beneficial owner, or a person with a financial interest in the applicant meets any of the criteria established in this chapter for denial of a license.
(6)A license issued pursuant to this chapter must be displayed by the licensee as provided for in rule by the department.
(7)(a) Except as provided in subsection (8), the department shall review the information contained in an application or renewal submitted pursuant to this chapter and shall approve or deny an application:
(i)within 60 days of receiving the application or renewal and all related application materials from a former medical marijuana licensee or an existing licensee under this chapter; and
(ii)within 120 days of receiving the application and all related application materials from a new applicant.
(b)If the department fails to act on a completed application within the time allowed under subsection (7)(a), the department shall:
(i)reduce the cost of the licensing fee for a new applicant for licensure or endorsement or for a licensee seeking renewal of a license by 5% each week that the application is pending; and
(ii)allow a licensee to continue operation until the department takes final action.
(c)The department may not take final action on an application for a license or renewal of a license until the department has completed a satisfactory inspection as required by this chapter and related administrative rules.
(d)The department shall issue a license or endorsement within 5 days of approving an application or renewal.
(8)(a) The department may issue a probationary license under subsection (2)(a)(iv) only if:
(i)an applicant has completed the International Organization for Standardization application for assessment; and
(ii)there are no pending corrective actions to obtain International Organization for Standardization accreditation.
(b)A probationary license is valid for 180 days from the date of issue and may be renewed one time:
(i)if the application is denied after a good faith application effort; or
(ii)if the application remains pending International Organization for Standardization accreditation.
(c)If an applicant voluntarily closes the application process after receiving a probationary license, the applicant may not receive a second probationary license for 2 years.
(9)(a) Review of a rejection of an application or renewal may be conducted as a contested case hearing before the department’s office of dispute resolution pursuant to the provisions of the Montana Administrative Procedure Act.
(b)A person may appeal any decision of the department of revenue concerning the issuance, rejection, suspension, or revocation of a license provided for by this chapter to the district court in the county in which the person operates or proposes to operate. If a person operates or seeks to operate in more than one county, the person may seek judicial review in the district court with jurisdiction over actions arising in any of the counties where it operates or seeks to operate.
(c)An appeal pursuant to subsection (9)(b) must be made by filing a complaint setting forth the grounds for relief and the nature of relief demanded with the district court within 30 days following receipt of notice of the department’s final decision.
(10)Licenses issued under this chapter must be renewed annually.
(11)(a) The department shall provide the names and phone numbers of persons, including the names of controlling beneficial owners, licensed under this chapter and the city, town, or county where licensed premises are located to the public on the department’s website. Except as provided in subsection (11)(b), the department may not disclose the physical location or address of a marijuana business.
(b)The department may share the physical location or address of a marijuana business with another state agency, political subdivision, and the state fire marshal.
(c)The name of a controlling beneficial owner is not considered confidential information as defined in 2-6-1002.
(12)The department may not prohibit a cultivator, manufacturer, or adult-use dispensary licensee operating in compliance with the requirements of this chapter from operating at a shared location with a medical marijuana dispensary.
(13)The department may not adopt rules requiring a consumer to provide a licensee with identifying information other than government-issued identification to determine the consumer’s age. A licensee that scans a person’s driver’s license using an electronic reader to determine the person’s age:
(a)may only use data or metadata from the scan determine the person’s age;
(b)may not transfer or sell that data or metadata to another party; and
(c)shall permanently delete any data or metadata from the scan within 180 days, unless otherwise provided for in this chapter or by the department.
(14)(a) Except as provided in subsection (14)(b), licenses issued by the department under this chapter are nontransferable.
(b)A licensee may sell its marijuana business, including live plants, inventory, and material assets, to a person who is licensed by the department under the provisions of this chapter. The department may, in its discretion, issue a temporary license to the acquiring party to facilitate the transfer of the licensee’s marijuana business.
(15)A person who is not a controlling beneficial owner in a licensee may not receive or otherwise obtain an ownership interest in a licensee that results in the person becoming a controlling beneficial owner unless the licensee notifies, in writing, the department of the proposed transaction and the department determines that the person qualifies for ownership under the provisions of this chapter.