Montana Code 16-12-523. Unlawful conduct by cardholders — penalties
16-12-523. Unlawful conduct by cardholders — penalties. (1) The department shall revoke and may not reissue the registry identification card of an individual who:
Terms Used In Montana Code 16-12-523
- 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
- Department: means the department of revenue provided for in 2-15-1301. 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
- Registry identification card: means a document issued by the department pursuant to 16-12-503 that identifies an individual as a registered cardholder. See Montana Code 16-12-102
- Usable marijuana: means the dried leaves and flowers of the marijuana plant that are appropriate for the use of marijuana by an individual. See Montana Code 16-12-102
(a)is convicted of a drug offense; or
(b)allows another individual to be in possession of the individual’s:
(i)registry identification card, except as provided for in 16-12-513; or
(ii)mature marijuana plants, seedlings, usable marijuana, or marijuana products.
(2)If no other penalty is specified under this part, a registered cardholder who violates this part is punishable by a fine not to exceed $500 or by imprisonment in a county jail for a term not to exceed 6 months, or both, unless otherwise provided in this part or unless the violation would constitute a violation of Title 45. An offense constituting a violation of Title 45 must be charged and prosecuted pursuant to the provisions of Title 45.
(3)Review of a department action imposing a fine, suspension, or revocation under this section must be conducted as a contested case hearing under the provisions of the Montana Administrative Procedure Act.