16-12-226. Marijuana worker permit — requirements. (1) A marijuana worker permit is required for an employee who performs work for or on behalf of a marijuana business if the individual participates in any aspect of the marijuana business.

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Terms Used In Montana Code 16-12-226

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • 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
  • 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
  • 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
  • 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 marijuana business may not allow an employee to perform any work at the licensed premises until it has verified that the employee has obtained a valid marijuana worker permit issued in accordance with this chapter.

(3)An applicant for a marijuana worker permit shall submit:

(a)an application on a form prescribed by the department with information including the applicant’s:

(i)name;

(ii)mailing address;

(iii)date of birth;

(iv)signature; and

(v)response to conviction history questions requested by the department;

(b)a copy of a driver’s license or identification card issued by one of the fifty states in the United States or a passport;

(c)annual proof of having passed training that includes identification, prevention, and reporting for human trafficking, rules and regulations for legal sales of marijuana in Montana, and any other training required by the department; and

(d)a fee established by the department.

(4)(a) Except as provided in subsection (4)(b), an application that does not contain the elements set forth in subsection (3) is incomplete.

(b)The department may review an application prior to receiving the fee but may not issue a permit until the fee is received.

(5)The department shall deny an initial or renewal application if the applicant:

(a)is not 18 years of age or older;

(b)has had a marijuana license or worker permit revoked for a violation of this chapter or any rule adopted under this chapter within 2 years of the date of the application;

(c)has violated any provision of this chapter; or

(d)makes a false statement to the department.

(6)An employee of a licensee shall carry the employee’s worker permit at all times when performing work on behalf of a marijuana business.

(7)A person who holds a marijuana worker permit shall notify the person’s employer in writing within 10 days of:

(a)a conviction for a felony;

(b)the issuance of any citation for violating a marijuana law imposed under this chapter or the marijuana laws of any other state; or

(c)the issuance of any citation for selling or dispensing alcohol or tobacco products to a minor.