Current Law

Administrative Rules of Montana (ARM)

ARM 37.107; Marijuana Registry (last updated; 4/10/2018)

Montana Code Annotated 2019

MCA 50-46 Part 3; Montana Medical Marijuana Act

Providers

“Provider” means a person licensed by the department to assist a registered cardholder as allowed under this part” (MCA 50-46-302). A Provider is a registered individual or organization that is allowed to cultivate and distribute medical marijuana to a registered cardholder. Providers and Marijuana Dispensaries are required to operate in a vertically integrated system. This section elaborates on the sections of Montana State Law pertaining in some manner to the activity of becoming or operating as a Provider in the Montana MMJ Program.

General

  • MCA 50-46-312; Criteria for Endorsement for Chemical Manufacturing
    • Reasons the department or state laboratory may revoke a license. 
    • Other Reasons such as the location you are located in may revoke your application.    
    • A provider must have their Registry Identification Card on their possession at all times. 
  • MCA 50-46-347; Canopy teir Fees and permits fees
    • Canopy tiers, micro through tier 9  with annual fees. 
    • Premises fee for providers and dispensaries. 
  • Becoming a Provider
    • MCA 50-46-308; Provider types and Limitations
      • Information needed to Apply for an MIPP or Provider license
        • Name, BOD, Street Address  
        • Proof of MT Residency
        • Fingerprinting and FBI background check 
        • Written agreement from prospective patients
        • Street address of the locations where the registered cultivation (grow) facility, processing facility and;
        • Effective date July 1, 2020. If the person to be licensed consists of more than one individual, the names of all individuals must be submitted along with the fingerprints and date of birth of each.
      •  The Department shall conduct name-based background checks for license renewal which have not undergone an FBI background check in the past. 
      • A list of criteria that will bar access to becoming a Provider or MIPP Provider. 
      • Marijuana for use pursuant to this part must be cultivated and manufactured in Montana. 
      • A provider or marijuana-infused products provider may not use marijuana unless the person is also a registered cardholder.
      • A list of requirements that a provider of MIPP will have to undergo before the sale of live plants to other providers. (NOTE This is still not allowed by the department although it is in the MCA 06/02/2020)
        • This also includes testing requirements, inspection requirements, and;  
        • MCA 80-7-106; how to obtain a nursery license in order to sell live plants to other providers.
    • Requirements about permission or ownership of MIPP or provider locations and land use requirements.   
      • List of allowances for providers. 
      • List of Restrictions on a MIPP or Provider
    • ARM 37.107.118; Requirements to become and responsibilities of a medical marijuana provider in the state of Montana. (last updated; 10/6/2018)
  • MCA 50-46-329; Inspection Procedures and Prohibition on inspector affiliation with licensees. 
    • Announced and unannounced Inspections will be held annually on all providers and testing laboratories by the DPHHS and state laboratory inspectors. 
    • Requirements on recordkeeping and inventory tracking. 
    • Providers are required to keep up to date records of who they have sold all marijuana products too. 
    • Circumstances that denote a rejected license or renewal.
    • How to contest a rejected license or renewal.  
  • MCA 50-46-330; Unlawful conduct by licensees. 
    • Reasons for a revoke of licence or denial of renewal. 
  • MCA 50-46-332; Protection of confidential registry information. 
    • Penalties on knowingly disclosing confidential information. 

Growing requirements

  • Waste Management (both for growing and processing) 
  • MCA 50-46-305; Canopy Tier Requirements. 
    • This outlines the definitions of each tier of the Canopy system that delineates what size of a grow facility each provider can have legally in Montana. 
  • ARM 37.107.118; Marijuana & Marijuana infused product provider licence requirements.
    • Canopy is measured horizontally starting from the outermost point of a plant on the perimeter of a dedicated growing space and continuing around the outside of all plants located within the dedicated growing space.
    • A licensee may not cultivate hemp or engage in hemp manufacturing at a registered premises.
    • A licensee may not sell hemp flower as defined by 80-18-101 MCA
    • A licensee may only sell hemp cannabidiol (CBD) products sourced from hemp produced and sold through the Montana Department of Agriculture Hemp Program.

Processing Requirements

  • ARM 37.107.204; Producing cannabis-infused products, Regulations on Marijana-Infused Products Provider or MIPP(last updated; 4/10/2018)
  • MCA 50-46-309; Marijuana-infused products provider, MIPP allowable activities. (Temporary)
    • Requirements to create MIP products. 
    • Prohibited activities.

Packaging Requirements

  • ARM 37.107.401; Labeling of Marijuana Items. (last updated; 4/10/2018)
  • ARM 37.107.402; Packing for Sale to Consume. (last updated; 4/10/2018)

Employment

  • ARM 31.107.120; These are the regulations around employee badging and maximum hours they can work per year.  (last updated; 4/10/2018) 
    • The marijuana employee permit must always be carried when performing work on behalf of a licensee in a clearly visible manner on the outermost layer of clothing.

Advertising

  • MCA 50-46-341; Advertising prohibited.
    • This gives the definitions of what forms of advertising are prohibited. 
    • Specifically allows for websites.

Physicians & Clinics

This section pertains to all the rules that reference and regulate, treating physicians and clinics prescribing references for prospective cardholders.

 

  • MCA 50-46-310; Written certification provided by a physician. 
    • Outlines what is needed on the written certification by a physician
    • Requirements for recommendations for a minor. 
    • Physician telemedicine guidelines with regard to the MMJ prescription. 
      • MCA 2-15-1731; Board of medical examiners and guidelines.    
  • MCA 37-3-102; Definitions related to the MCA’s chapter on Medicine. 
  • MCA 50-46-318; Health care facility procedures for patients with marijuana for use.
    • Guidelines for Healthcare facilities other than Hospices and residential care facilities as outlined by MCA 50-5-101
  • MCA 50-46-327; Prohibitions on physician affiliation with providers. 
    • Prohibited activities of a physician that prescribes MMJ. 
    • Prohibited activities of a provider and physician relationship that prescribes MMJ
    • Penalties.

Testing Requirements

  • Quality Assurance and Testing Protocols; these are the regulations on required thrid party lab testing of MMJ products released by the DPHHS. 
    • ARM 37.107.405; this is where the MMJ laws are outlined for test sample requirements for the MMJ industry. (last updated; 4/10/2018)
    • ARM 37.107.407; Standards for Testing Requirements. (last updated; 4/10/2018)
    • ARM 37.107.410; Protocols about Failed Test Samples. (last updated; 4/10/2018)
    • ARM 37.107.420; Marijuana Item Recalls. (last updated; 4/10/2018)
    • MCA 50-46-326; Testing of marijuana and marijuana-infused products.
      • Providers or providers of marijuana products may not sell until QC testing has been conducted by a licensed third-party testing lab. 
      • What MMJ products, in particular, will be tested. 
  • Testing Laboratories
    • ARM 37.107.305; Marijuana Testing Laboratory Licensee Requirements. (last updated; 10/6/2018)
    • ARM 37.107.306; Marijuana Testing Laboratories Accreditation. (last updated; 4/10/2018)
    • MCA 50-46-311; Testing laboratories Licensing Inspections.
      • Requirements set out by the State laboratory that testing laboratories for MMJ must adhere to.
      • Prohibition on owners of testing laboratories having a financial interest in any entity involved in the cultivation of marijuana or MIPP interests.
      • Requirements for positions at a testing laboratory.
    • MCA 50-46-312: Criteria for Endorsement for Chemical Manufacturing if you are a Testing Laboratory. 
    • MCA 50-46-312; A Chemical Manufacturing Endorsement. 
      • A Chemical Manufacturing Endorsement must have their Registry Identification Card on their possession at all times.
    • MCA 50-46-330; Testing Laboratories that fail to meet ISO certification established by the department are subject to fines and suspension of license or even revocation if they fail to meet standards with 5 violations.

Tracking

This section links the sections of the law that pertain to tracking and inventory control for each Provider. Laws and regulations relating to Metrc, the seed-to-sale tracking system that is used to track all aspects of the seed to sale system.

 

  • Inventory Tracking
    • ARM 37.107.205; Inventory Tracking system user requirements. (Metrc regulations) (last updated; 4/10/2018)
    • ARM 37.107.206; Inventory Tracking and Reconciliation. Further requirements for licensees. (last updated; 4/10/2018)

Taxes

This section has relevant information on taxes and tax-related information as it pertains to the Montana MMJ industry. This includes the 4% state tax on medical marijuana.

 

  • MCA 50-46-345; MMJ special revenue account. 
    • How funds generated from the Montana MMJ Program will be used and allocated. 
  • MCA 15-64-102; Tax on marijuana product providers.
    • Beginning Oct 1st, 2019, and ending on Sept 30, 2021, there will be a 4% tax on all MMJ products sold in the state of Montana. 
    • Quarterly report submission requirements for MMJ Providers and MIPP. 
    • Responsibility for filing taxes.
    • In case of Bankruptcy. 
    • Liability. 

Fees

This section goes over and links to the fees involved in the MMJ program for patients, providers, testing labs, and clinics. 

 

License Type Annual Fee
Canopy – Micro Tier $500
Canopy Tier 1 $1,000
Canopy Tier 2 $2,500
Canopy Tier 3 $5,000
Canopy Tier 4 $7,500
Canopy Tier 5 $10,000
Canopy Tier 6 $13,000
Canopy Tier 7 $15,000
Canopy Tier 8 $17,500
Canopy Tier 9 $20,000
Chemical Manufacturing Endorsement (MIPP) $100
MIPP Location (each) $500
Dispensary (One Registered Premise) $500
Dispensary (Two or Three Registered Premises) $5,000
Dispensary (Four or Five Registered Premises) $25,000
Dispensary (Six or More Registered Premises) $100,000
Employee (Agent) Badges $10.00

Patients & Getting a Card

This section goes over the allowed activities of a cardholder, and how to apply for a medical marijuana card. 

 

  • ARM 37.107.105; Proof of Montana Residency. (last updated; 4/10/2018)
  • MCA 50-46-303; Issuance of Cards and Licence, allowable activities. 
    • Background check requirements for cardholders 
    • Allowable activities. 
    • Prohibited activities.
    • Reimbursement for patients and providers due to lack of action taken by DPHHS (regulatory body).  
    • Expiration dates for licenses.
  • MCA 50-46-312; A patient must have their Registry Identification Card on their possession at all times.

How to Get Your Medical Marijuana Card / Application Process

  • ARM 37.107.111, MCA 50-46-307; Getting your Card as a Patient
    • Minors: MCA 50-46-307. Individuals with Debilitating Medical Conditions; Requirements and Limitations of Minors.  
      • Information provided in order to become a registered cardholder. 
      • Required information for a minor MMJ cardholder application. 
      • Guardianship requirements for minor MMJ cardholders.
      • Proof of legal guardianship and responsibility for health care decisions.
      • Minors guardians must have a Physician’s statement approved by a licensed physician for their minors. (This form is different from the adult version) 
      • Written certification and accompanying statements required from a second physician in addition to the minor’s treating physician or referral physician.
      • Agrees that the minor will use only marijuana-infused products and will not smoke marijuana.
      • A parent serving as a minor’s provider shall submit fingerprints to facilitate a fingerprint and background check by the Department of Justice and Federal Bureau of Investigation upon the minor’s initial application for a registry identification card and every 3 years after that.
      • A minor may not be in the program if they are under the supervision of the department of corrections or in youth court.
      • Custodial parent or legal guardian provider fee of $100. ARM 37.107.117 
    • Adults
      • An applicant must be a resident of the State of Montana.
      • A Physician statement provides a written certification stating your debilitating condition meets the requirements for the program.
        • Debilitating conditions; 
          • Cancer, 
          • Glaucoma
          • human immunodeficiency virus 
          • immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status
          • Cachexia or wasting syndrome
          • Severe chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician
          • Intractable nausea or vomiting
          • Epilepsy or an intractable seizure disorder
          • Multiple sclerosis
          • Crohn’s disease
          • Painful peripheral neuropathy
          • A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
          • Admittance into hospice care
          • Post-traumatic stress disorder (PTSD)
    • A fee of $30.00 
    • A registered cardholder who elects to obtain marijuana or marijuana-infused products through the system of licensed providers and marijuana-infused products providers may not cultivate marijuana or manufacture marijuana-infused products for the cardholder’s use unless the registered cardholder is a licensed provider or marijuana-infused products provider.

Allowable Amounts

  • ARM 37.107.128; Allowable amounts of cannabis for Cardholders who have NOT named a provider. 
    • May possess up to 16oz of usable marijuana at their registered physical address and may carry up to 1oz on their person or at any other non-registered address. 
    • Patients who are their own provider.
      • Provide proof of ownership of the property at which cultivation of marijuana is taking place or: 
        • Receive written permission from the property owner that cultivation may take place. 
      • A patient that opts to grow for themselves may possess up to 4 mature plants and 4 seedlings. Each household can only possess up to 8 mature plants and 8 seedlings if there are two or more patients at the residence.  
      • MCA 50-46-307 Restrictions for an independent patient
        • A patient who is their own provider may only cultivate marijuana at a property that is owned by the cardholder.
  • MCA 50-46-319; Allowable amounts of cannabis for monthly purchase and possession for legitimate cardholders.   
  • MCA 50-46-319; Allowable Amounts of Cannabis for Cardholders.  
    • A registered patient may purchase up to 5oz of marijuana a month and no more than 1oz a day of marijuana. 
    • A registered patient may submit a petition for an increase in the monthly purchase limits on this form.
  • MCA 50-46-320; Limitations on medical marijuana use and activities.
    • Allowable activities and the rights of cardholders.
    • Penalties for violations of law. 
  • MCA 50-46-330; Unlawful conduct by patients.
    • Reasons for a loss of license or register card for the MMJ program.

Governmental Reporting & Duties

This section outlines the responsibilities of the Department of Public Health and Human Services, or DPHHS, in enforcing and managing the Medical Marijuana Program.

 

  • MCA 50-46-343; Governmental monitoring and implementation of specific aspects of the MMJ program. 
    • Recordkeeping responsibilities for the department.
    • Reporting requirements for the department.
  • MCA 50-46-344; Rulemaking Authority (temporary)
Providers

Providers

“Provider” means a person licensed by the department to assist a registered cardholder as allowed under this part” (MCA 50-46-302). A Provider is a registered individual or organization that is allowed to cultivate and distribute medical marijuana to a registered cardholder. Providers and Marijuana Dispensaries are required to operate in a vertically integrated system. This section elaborates on the sections of Montana State Law pertaining in some manner to the activity of becoming or operating as a Provider in the Montana MMJ Program.

General

  • MCA 50-46-312; Criteria for Endorsement for Chemical Manufacturing
    • Reasons the department or state laboratory may revoke a license. 
    • Other Reasons such as the location you are located in may revoke your application.    
    • A provider must have their Registry Identification Card on their possession at all times. 
  • MCA 50-46-347; Canopy teir Fees and permits fees
    • Canopy tiers, micro through tier 9  with annual fees. 
    • Premises fee for providers and dispensaries. 
  • Becoming a Provider
    • MCA 50-46-308; Provider types and Limitations
      • Information needed to Apply for an MIPP or Provider license
        • Name, BOD, Street Address  
        • Proof of MT Residency
        • Fingerprinting and FBI background check 
        • Written agreement from prospective patients
        • Street address of the locations where the registered cultivation (grow) facility, processing facility and;
        • Effective date July 1, 2020. If the person to be licensed consists of more than one individual, the names of all individuals must be submitted along with the fingerprints and date of birth of each.
      •  The Department shall conduct name-based background checks for license renewal which have not undergone an FBI background check in the past. 
      • A list of criteria that will bar access to becoming a Provider or MIPP Provider. 
      • Marijuana for use pursuant to this part must be cultivated and manufactured in Montana. 
      • A provider or marijuana-infused products provider may not use marijuana unless the person is also a registered cardholder.
      • A list of requirements that a provider of MIPP will have to undergo before the sale of live plants to other providers. (NOTE This is still not allowed by the department although it is in the MCA 06/02/2020)
        • This also includes testing requirements, inspection requirements, and;  
        • MCA 80-7-106; how to obtain a nursery license in order to sell live plants to other providers.
    • Requirements about permission or ownership of MIPP or provider locations and land use requirements.   
      • List of allowances for providers. 
      • List of Restrictions on a MIPP or Provider
    • ARM 37.107.118; Requirements to become and responsibilities of a medical marijuana provider in the state of Montana. (last updated; 10/6/2018)
  • MCA 50-46-329; Inspection Procedures and Prohibition on inspector affiliation with licensees. 
    • Announced and unannounced Inspections will be held annually on all providers and testing laboratories by the DPHHS and state laboratory inspectors. 
    • Requirements on recordkeeping and inventory tracking. 
    • Providers are required to keep up to date records of who they have sold all marijuana products too. 
    • Circumstances that denote a rejected license or renewal.
    • How to contest a rejected license or renewal.  
  • MCA 50-46-330; Unlawful conduct by licensees. 
    • Reasons for a revoke of licence or denial of renewal. 
  • MCA 50-46-332; Protection of confidential registry information. 
    • Penalties on knowingly disclosing confidential information. 

Growing requirements

  • Waste Management (both for growing and processing) 
  • MCA 50-46-305; Canopy Tier Requirements. 
    • This outlines the definitions of each tier of the Canopy system that delineates what size of a grow facility each provider can have legally in Montana. 
  • ARM 37.107.118; Marijuana & Marijuana infused product provider licence requirements.
    • Canopy is measured horizontally starting from the outermost point of a plant on the perimeter of a dedicated growing space and continuing around the outside of all plants located within the dedicated growing space.
    • A licensee may not cultivate hemp or engage in hemp manufacturing at a registered premises.
    • A licensee may not sell hemp flower as defined by 80-18-101 MCA
    • A licensee may only sell hemp cannabidiol (CBD) products sourced from hemp produced and sold through the Montana Department of Agriculture Hemp Program.

Processing Requirements

  • ARM 37.107.204; Producing cannabis-infused products, Regulations on Marijana-Infused Products Provider or MIPP(last updated; 4/10/2018)
  • MCA 50-46-309; Marijuana-infused products provider, MIPP allowable activities. (Temporary)
    • Requirements to create MIP products. 
    • Prohibited activities.

Packaging Requirements

  • ARM 37.107.401; Labeling of Marijuana Items. (last updated; 4/10/2018)
  • ARM 37.107.402; Packing for Sale to Consume. (last updated; 4/10/2018)

Employment

  • ARM 31.107.120; These are the regulations around employee badging and maximum hours they can work per year.  (last updated; 4/10/2018) 
    • The marijuana employee permit must always be carried when performing work on behalf of a licensee in a clearly visible manner on the outermost layer of clothing.

Advertising

  • MCA 50-46-341; Advertising prohibited.
    • This gives the definitions of what forms of advertising are prohibited. 
    • Specifically allows for websites.
Physicians & Clinics

Physicians & Clinics

This section pertains to all the rules that reference and regulate, treating physicians and clinics prescribing references for prospective cardholders.

 

  • MCA 50-46-310; Written certification provided by a physician. 
    • Outlines what is needed on the written certification by a physician
    • Requirements for recommendations for a minor. 
    • Physician telemedicine guidelines with regard to the MMJ prescription. 
      • MCA 2-15-1731; Board of medical examiners and guidelines.    
  • MCA 37-3-102; Definitions related to the MCA’s chapter on Medicine. 
  • MCA 50-46-318; Health care facility procedures for patients with marijuana for use.
    • Guidelines for Healthcare facilities other than Hospices and residential care facilities as outlined by MCA 50-5-101
  • MCA 50-46-327; Prohibitions on physician affiliation with providers. 
    • Prohibited activities of a physician that prescribes MMJ. 
    • Prohibited activities of a provider and physician relationship that prescribes MMJ
    • Penalties.
Testing

Testing Requirements

  • Quality Assurance and Testing Protocols; these are the regulations on required thrid party lab testing of MMJ products released by the DPHHS. 
    • ARM 37.107.405; this is where the MMJ laws are outlined for test sample requirements for the MMJ industry. (last updated; 4/10/2018)
    • ARM 37.107.407; Standards for Testing Requirements. (last updated; 4/10/2018)
    • ARM 37.107.410; Protocols about Failed Test Samples. (last updated; 4/10/2018)
    • ARM 37.107.420; Marijuana Item Recalls. (last updated; 4/10/2018)
    • MCA 50-46-326; Testing of marijuana and marijuana-infused products.
      • Providers or providers of marijuana products may not sell until QC testing has been conducted by a licensed third-party testing lab. 
      • What MMJ products, in particular, will be tested. 
  • Testing Laboratories
    • ARM 37.107.305; Marijuana Testing Laboratory Licensee Requirements. (last updated; 10/6/2018)
    • ARM 37.107.306; Marijuana Testing Laboratories Accreditation. (last updated; 4/10/2018)
    • MCA 50-46-311; Testing laboratories Licensing Inspections.
      • Requirements set out by the State laboratory that testing laboratories for MMJ must adhere to.
      • Prohibition on owners of testing laboratories having a financial interest in any entity involved in the cultivation of marijuana or MIPP interests.
      • Requirements for positions at a testing laboratory.
    • MCA 50-46-312: Criteria for Endorsement for Chemical Manufacturing if you are a Testing Laboratory. 
    • MCA 50-46-312; A Chemical Manufacturing Endorsement. 
      • A Chemical Manufacturing Endorsement must have their Registry Identification Card on their possession at all times.
    • MCA 50-46-330; Testing Laboratories that fail to meet ISO certification established by the department are subject to fines and suspension of license or even revocation if they fail to meet standards with 5 violations.
Tracking

Tracking

This section links the sections of the law that pertain to tracking and inventory control for each Provider. Laws and regulations relating to Metrc, the seed-to-sale tracking system that is used to track all aspects of the seed to sale system.

 

  • Inventory Tracking
    • ARM 37.107.205; Inventory Tracking system user requirements. (Metrc regulations) (last updated; 4/10/2018)
    • ARM 37.107.206; Inventory Tracking and Reconciliation. Further requirements for licensees. (last updated; 4/10/2018)
Taxes & Fees

Taxes

This section has relevant information on taxes and tax-related information as it pertains to the Montana MMJ industry. This includes the 4% state tax on medical marijuana.

 

  • MCA 50-46-345; MMJ special revenue account. 
    • How funds generated from the Montana MMJ Program will be used and allocated. 
  • MCA 15-64-102; Tax on marijuana product providers.
    • Beginning Oct 1st, 2019, and ending on Sept 30, 2021, there will be a 4% tax on all MMJ products sold in the state of Montana. 
    • Quarterly report submission requirements for MMJ Providers and MIPP. 
    • Responsibility for filing taxes.
    • In case of Bankruptcy. 
    • Liability. 

Fees

This section goes over and links to the fees involved in the MMJ program for patients, providers, testing labs, and clinics. 

 

License Type Annual Fee
Canopy – Micro Tier $500
Canopy Tier 1 $1,000
Canopy Tier 2 $2,500
Canopy Tier 3 $5,000
Canopy Tier 4 $7,500
Canopy Tier 5 $10,000
Canopy Tier 6 $13,000
Canopy Tier 7 $15,000
Canopy Tier 8 $17,500
Canopy Tier 9 $20,000
Chemical Manufacturing Endorsement (MIPP) $100
MIPP Location (each) $500
Dispensary (One Registered Premise) $500
Dispensary (Two or Three Registered Premises) $5,000
Dispensary (Four or Five Registered Premises) $25,000
Dispensary (Six or More Registered Premises) $100,000
Employee (Agent) Badges $10.00
Patients & Getting a Card

Patients & Getting a Card

This section goes over the allowed activities of a cardholder, and how to apply for a medical marijuana card. 

 

  • ARM 37.107.105; Proof of Montana Residency. (last updated; 4/10/2018)
  • MCA 50-46-303; Issuance of Cards and Licence, allowable activities. 
    • Background check requirements for cardholders 
    • Allowable activities. 
    • Prohibited activities.
    • Reimbursement for patients and providers due to lack of action taken by DPHHS (regulatory body).  
    • Expiration dates for licenses.
  • MCA 50-46-312; A patient must have their Registry Identification Card on their possession at all times.

How to Get Your Medical Marijuana Card / Application Process

  • ARM 37.107.111, MCA 50-46-307; Getting your Card as a Patient
    • Minors: MCA 50-46-307. Individuals with Debilitating Medical Conditions; Requirements and Limitations of Minors.  
      • Information provided in order to become a registered cardholder. 
      • Required information for a minor MMJ cardholder application. 
      • Guardianship requirements for minor MMJ cardholders.
      • Proof of legal guardianship and responsibility for health care decisions.
      • Minors guardians must have a Physician’s statement approved by a licensed physician for their minors. (This form is different from the adult version) 
      • Written certification and accompanying statements required from a second physician in addition to the minor’s treating physician or referral physician.
      • Agrees that the minor will use only marijuana-infused products and will not smoke marijuana.
      • A parent serving as a minor’s provider shall submit fingerprints to facilitate a fingerprint and background check by the Department of Justice and Federal Bureau of Investigation upon the minor’s initial application for a registry identification card and every 3 years after that.
      • A minor may not be in the program if they are under the supervision of the department of corrections or in youth court.
      • Custodial parent or legal guardian provider fee of $100. ARM 37.107.117 
    • Adults
      • An applicant must be a resident of the State of Montana.
      • A Physician statement provides a written certification stating your debilitating condition meets the requirements for the program.
        • Debilitating conditions; 
          • Cancer, 
          • Glaucoma
          • human immunodeficiency virus 
          • immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status
          • Cachexia or wasting syndrome
          • Severe chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician
          • Intractable nausea or vomiting
          • Epilepsy or an intractable seizure disorder
          • Multiple sclerosis
          • Crohn’s disease
          • Painful peripheral neuropathy
          • A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
          • Admittance into hospice care
          • Post-traumatic stress disorder (PTSD)
    • A fee of $30.00 
    • A registered cardholder who elects to obtain marijuana or marijuana-infused products through the system of licensed providers and marijuana-infused products providers may not cultivate marijuana or manufacture marijuana-infused products for the cardholder’s use unless the registered cardholder is a licensed provider or marijuana-infused products provider.

Allowable Amounts

  • ARM 37.107.128; Allowable amounts of cannabis for Cardholders who have NOT named a provider. 
    • May possess up to 16oz of usable marijuana at their registered physical address and may carry up to 1oz on their person or at any other non-registered address. 
    • Patients who are their own provider.
      • Provide proof of ownership of the property at which cultivation of marijuana is taking place or: 
        • Receive written permission from the property owner that cultivation may take place. 
      • A patient that opts to grow for themselves may possess up to 4 mature plants and 4 seedlings. Each household can only possess up to 8 mature plants and 8 seedlings if there are two or more patients at the residence.  
      • MCA 50-46-307 Restrictions for an independent patient
        • A patient who is their own provider may only cultivate marijuana at a property that is owned by the cardholder.
  • MCA 50-46-319; Allowable amounts of cannabis for monthly purchase and possession for legitimate cardholders.   
  • MCA 50-46-319; Allowable Amounts of Cannabis for Cardholders.  
    • A registered patient may purchase up to 5oz of marijuana a month and no more than 1oz a day of marijuana. 
    • A registered patient may submit a petition for an increase in the monthly purchase limits on this form.
  • MCA 50-46-320; Limitations on medical marijuana use and activities.
    • Allowable activities and the rights of cardholders.
    • Penalties for violations of law. 
  • MCA 50-46-330; Unlawful conduct by patients.
    • Reasons for a loss of license or register card for the MMJ program.
Government Reporting & Duties

Governmental Reporting & Duties

This section outlines the responsibilities of the Department of Public Health and Human Services, or DPHHS, in enforcing and managing the Medical Marijuana Program.

 

  • MCA 50-46-343; Governmental monitoring and implementation of specific aspects of the MMJ program. 
    • Recordkeeping responsibilities for the department.
    • Reporting requirements for the department.
  • MCA 50-46-344; Rulemaking Authority (temporary)

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