Montana Code 16-12-208. Restrictions
16-12-208. Restrictions. (1) A cultivator or manufacturer may not cultivate marijuana or manufacture marijuana products in a manner that is visible from the street or other public area without the use of binoculars, aircraft, or other optical aids.
Terms Used In Montana Code 16-12-208
- 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
- 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
- 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
- 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 product: means a product that contains marijuana and is intended for use by a consumer. 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
- 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
- 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
(2)A cultivator or manufacturer may not cultivate, process, test, or store marijuana at any location other than the licensed premises approved by the department and within an enclosed area that is secured in a manner that prevents access by unauthorized persons.
(3)A licensee shall make the licensed premises, books, and records available to the department for inspection and audit under 16-12-210 during normal business hours.
(4)A licensee may not allow a person under 18 years of age to volunteer or work for the licensee.
(5)Edible marijuana products manufactured as candy may not be sold in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marijuana.
(6)(a) Marijuana or marijuana products must be sold or otherwise transferred in resealable, child-resistant exit packaging that complies with federal child resistance standards and is designed to be significantly difficult for children under 5 years of age to open and not difficult for adults to use properly.
(b)(i) Packaging of individual products may contain only the following design elements and language on a white label:
(A)the seller’s business name and any accompanying logo or design mark;
(B)the name of the product; and
(C)the THC content or CBD content, health warning messages as provided in 16-12-215, and ingredients.
(ii)All packaging and outward labeling, including business logos and design marks, must also comply with any standards or criteria established by the department, including but not limited to allowable symbols and imagery.
(7)An adult-use dispensary or medical marijuana dispensary may not sell or otherwise transfer hemp flower, hemp plants, synthetic cannabinoids, or alcohol from a licensed premises.
(8)(a) Prior to selling, offering for sale, or transferring marijuana or marijuana product that is for ultimate sale to a consumer or registered cardholder, a licensee or license applicant shall submit both a package and a label application, in a form prescribed by the department, to receive approval from the department.
(b)The initial submission must be made electronically if required by the department. The licensee or license applicant shall submit a physical prototype upon request by the department.
(c)If a license applicant submits packages and labels for preapproval, final determination for packages and labels may not be made until the applicant has been issued a license.
(d)A packaging and label application must include:
(i)a fee provided for in rule by the department;
(ii)documentation that all exit packaging has been certified as child-resistant by a federally qualified third-party child-resistant package testing firm;
(iii)a picture or rendering of and description of the item to be placed in each package; and
(iv)for label applications for inhalable marijuana products that contain nonmarijuana additives:
(A)the nonmarijuana additive’s list of ingredients; and
(B)in a form and manner prescribed by the department, information regarding the additive or additives and the manufacturer of the additive or additives.
(9)For the purpose of this section, “exit packaging” means a sealed, child-resistant certified receptacle into which marijuana or marijuana products already within a container are placed at the retail point of sale.