Montana Code 16-12-222. Licensing of marijuana transporters
16-12-222. Licensing of marijuana transporters. (1) (a) A marijuana transporter license may be issued to a person to provide logistics, distribution, delivery, and storage of marijuana and marijuana products. A marijuana transporter license is valid for 2 years. A licensed marijuana transporter is responsible for the marijuana and marijuana products after it takes control of the marijuana or marijuana product.
Terms Used In Montana Code 16-12-222
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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
- 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
- Local government: means a county, a consolidated government, or an incorporated city or town. 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
- 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
(b)A marijuana transporter may contract with multiple licensed marijuana businesses.
(c)Except as otherwise provided in this section, all persons who transport marijuana or marijuana products must hold a valid marijuana transporter license.
(d)The department shall establish by rule the requirements for licensure and the applicable fee for a marijuana transporter license or the renewal of a transporter license. The department may not license a person to be a marijuana transporter if the applicant meets any of the criteria established for denial of a license under 16-12-203(2).
(2)A person who is not licensed under this chapter shall apply for and obtain a marijuana transporter license in order to transport marijuana or marijuana products.
(3)A registered cardholder or consumer is not required to possess a marijuana transporter license when purchasing marijuana or marijuana products at a dispensary.
(4)A person who obtains a cultivator license, manufacturer license, adult-use dispensary license, medical marijuana dispensary license, or testing laboratory license or is an employee of one of those licensees, may:
(a)transport marijuana or marijuana products between other licensed premises without a transporter license so long as the transportation:
(i)complies with rules implementing the seed-to-sale tracking system set forth in 16-12-105; and
(ii)includes a printed manifest containing information as required by the department; and
(b)deliver marijuana from a dispensary to a registered cardholder provided that the person delivering the marijuana or marijuana products:
(i)complies with rules adopted by the department; and
(ii)includes a printed delivery manifest from a dispensary to a registered cardholder containing the registered cardholder’s address and cardholder number and the dispensary’s address and license number.
(5)(a) A marijuana transporter licensee may maintain a licensed premises to temporarily store marijuana and marijuana products and to use as a centralized distribution point in a jurisdiction where the local government approval provisions contained in 16-12-301 have been satisfied or in a county in which the majority of voters voted to approve Initiative Measure No. 190 in the November 3, 2020, general election.
(b)The licensed premises must be located in a jurisdiction that permits the operation of a marijuana business and comply with rules adopted by the department.
(c)A marijuana transporter may store and distribute marijuana and marijuana products from this location. A storage facility must meet the same security requirements that are required to obtain a license under this chapter.
(6)A marijuana transporter shall use the seed-to-sale tracking system developed pursuant to 16-12-105 to create shipping manifests documenting the transport of retail marijuana and retail marijuana products throughout the state.
(7)A marijuana transporter may deliver marijuana or marijuana products to licensed premises or registered cardholders only and may not make deliveries of marijuana or marijuana products to individual consumers.
(8)A person delivering marijuana or marijuana products for a marijuana transporter must possess a valid marijuana worker permit provided for under 16-12-226 and be a current employee of the marijuana transporter licensee.