Current through the 2021 Legislative Session
Section 16-12-112 - Rulemaking authority - fees(1) The department may adopt rules to implement and administer this chapter, including: (a) the manner in which the department will consider applications for licenses, permits, and endorsements and renewal of licenses, permits, and endorsements;(b) the acceptable forms of proof of Montana residency;(c) the procedures for obtaining fingerprints for the fingerprint-based and name-based background checks required under [section 2];(d) the security and operating requirements for licensees;(e) the security and operating requirements for manufacturing, including but not limited to requirements for:(ii) extraction methods, including solvent-based and solvent-free extraction; and(iii) post-processing procedures;(f) notice and contested case hearing procedures for fines or license and endorsement revocations, suspensions, or modifications;(g) implementation of a system to allow the tracking of marijuana and marijuana products as required by 16-12-105;(h) labeling and packaging standards that protect public health by requiring the listing of pharmacologically active ingredients including but not limited to THC, cannabidiol (CBD) and other cannabinoid content, the THC and other cannabinoid amount in milligrams per serving, the number of servings per package, and quantity limits per sale to comply with the allowable possession amount;(i) investigating and making rules to limit, if necessary, the appropriate THC potency percentages for marijuana and marijuana products;(j) requirements that packaging and labels may not be made to be attractive to children, that they have required warning labels as set forth in [section 109], and that marijuana and marijuana products be sold in reseal able, child-resistant exit packaging to protect public health as provided in 16-12-208;(k) requirements and standards for the testing and retesting of marijuana and marijuana products, including testing of samples collected during the department's inspections of licensed premises;(l) the amount of variance allowable in the results of raw testing data that would warrant a departmental investigation of inconsistent results as provided in 16-12-202;(m) requirements and standards to prohibit or limit marijuana, marijuana products, and marijuana accessories that are unsafe or contaminated;(n) the activities that constitute advertising in violation of 16-12-211and requirements and standards for electronic advertising as permitted under 16-12-211;(o) requirements and incentives to promote renewable energy, reduce water usage, and reduce packaging waste to maintain a clean and healthy environment in Montana;(p) procedures for collecting and destroying samples of marijuana and marijuana products that fail to meet testing requirements pursuant to 16-12-209; and(q) the fees for testing laboratories, the fingerprint-based and name-based background checks required under [section 2], employee certification, the marijuana transporter license, marijuana worker permits, and other fees necessary to administer and enforce the provisions of this chapter. The fees established by the department, taxes collected pursuant to Title 15, chapter 64, part 1, civil penalties imposed pursuant to this chapter, and the licensing fees established by rule and in part 2 of this chapter must be sufficient to offset the expenses of administering this chapter but may not exceed the amount necessary to cover the costs to the department of implementing and enforcing this chapter.(2) The department may not adopt any rule or regulation that is unduly burdensome or undermines the purposes of this chapter.(3) The department may consult or contract with other public agencies in carrying out its duties under this chapter.Amended by Laws 2021, Ch. 576,Sec. 47, eff. 1/1/2022.Amended by Laws 2021, Ch. 505,Sec. 1, eff. 10/1/2021.En. Sec. 26, I.M. No. 190, approved Nov. 3, 2020 (effective date changed from 10/1/2021 to 1/1/2022 by Laws 2021, Ch. 576,Sec. 107, eff. 5/18/2021).Contingent voidness. Section 115 of Laws 2021, Ch. 576 provides: "Contingent voidness. If the Montana supreme court determines that Initiative Measure No. 190, approved November 3, 2020, other than the portions relating to revenue distribution, is in violation of the Montana constitution and the constitutional infirmity invalidates the entire initiative, then both Initiative Measure No. 190 and [this act] [Ch. 576] are void."