16-12-107. Legal protections — allowable amounts. (1) A cultivator may have the canopy allotment allowed by the department.

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Terms Used In Montana Code 16-12-107

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • 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
  • 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
  • Person: means an individual, partnership, association, company, corporation, limited liability company, or organization. See Montana Code 16-12-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: means real and personal property. See Montana Code 1-1-205

(2)Except as provided in 16-12-108, a person licensed under this chapter may not be arrested, prosecuted, penalized, or denied any right or privilege, including but not limited to civil fine or disciplinary action by a professional licensing board or the department of labor and industry, solely because the person cultivates, manufactures, possesses, or transports marijuana in the amounts and manner allowed under this chapter.

(3)A person may not be arrested or prosecuted for possession, conspiracy as provided in 45-4-102, or any other offense solely for being in the presence or vicinity of the use of marijuana and marijuana products as permitted under this chapter.

(4)Except as provided in 16-12-210, possession of or application for a license does not solely constitute probable cause to search a person or the property of a person or otherwise subject a person or property of a person to inspection by any governmental agency, including a law enforcement agency.

(5)The provisions of this section relating to protection from arrest or prosecution do not apply to a person unless the person has obtained a license prior to an arrest or the filing of a criminal charge. It is not a defense to a criminal charge that a person obtains a license after an arrest or the filing of a criminal charge.

(6)A cultivator or manufacturer is presumed to be engaged in the use of marijuana as allowed by this chapter if the person is in possession of an amount of marijuana that does not exceed the amount permitted under this chapter.