Terms Used In Montana Code > Title 16 > Chapter 12 > Part 5 - Medical Marijuana

• Arrest: Taking physical custody of a person by lawful authority.
• 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
• 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

• Debilitating medical condition: means :

  (a)cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient's health status;

  (b)cachexia or wasting syndrome;

  (c)severe chronic pain that is a persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient's treating physician;

  (d)intractable nausea or vomiting;

  (e)epilepsy or an intractable seizure disorder;

  (f)multiple sclerosis;

  (g)Crohn's disease;

  (h)painful peripheral neuropathy;

  (i)a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms;

  (j)admittance into hospice care in accordance with rules adopted by the department; or

  (k)posttraumatic stress disorder. 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
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• 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
• 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 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
• Medical marijuana dispensary: means the location from which a registered cardholder may obtain marijuana or marijuana products. 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
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Referral physician: means an individual who:

  (a)is licensed under Title 37, chapter 3; and

  (b)is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment. See Montana Code 16-12-502

• 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
• Standard of care: means , at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:

  (a)obtaining the patient's medical history;

  (b)performing a relevant and necessary physical examination;

  (c)reviewing prior treatment and treatment response for the debilitating medical condition;

  (d)obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;

  (e)discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;

  (f)monitoring the response to treatment and possible adverse effects; and

  (g)creating and maintaining patient records that remain with the physician. See Montana Code 16-12-502

• 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
• Telemedicine: has the meaning provided in 37-3-102. See Montana Code 16-12-502
• 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

• Treating physician: means an individual who:

  (a)is licensed under Title 37, chapter 3; and

  (b)has a bona fide professional relationship with the individual applying to be a registered cardholder. See Montana Code 16-12-502

• 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
• Written certification: means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care. See Montana Code 16-12-502