Section 16-12-223 - Licensing of cultivators(1)(a) The department shall license cultivators according to a tiered canopy system. Except as provided in subsection (6), all cultivation that is licensed under this chapter may only occur at an indoor cultivation facility.(b) Except as provided in subsection (6), the system must include, at a minimum, the following license types: (i) A micro tier canopy license allows for a canopy of up to 250 square feet at one indoor cultivation facility.(ii) A tier 1 canopy license allows for a canopy of up to 1,000 square feet at one indoor cultivation facility.(iii) A tier 2 canopy license allows for a canopy of up to 2,500 square feet at up to two indoor cultivation facilities.(iv) A tier 3 canopy license allows for a canopy of up to 5,000 square feet at up to three indoor cultivation facilities.(v) A tier 4 canopy license allows for a canopy of up to 7,500 square feet at up to four indoor cultivation facilities.(vi) A tier 5 canopy license allows for a canopy of up to 10,000 square feet at up to five indoor cultivation facilities.(vii) A tier 6 canopy license allows for a canopy of up to 13,000 square feet at up to five indoor cultivation facilities.(viii) A tier 7 canopy license allows for a canopy of up to 15,000 square feet at up to five indoor cultivation facilities.(ix) A tier 8 canopy license allows for a canopy of up to 17,500 square feet at up to five indoor cultivation facilities.(x) A tier 9 canopy license allows for a canopy of up to 20,000 square feet at up to six indoor cultivation facilities.(xi) A tier 10 canopy license allows for a canopy of up to 30,000 square feet at up to seven indoor cultivation facilities.(xii) A tier 11 canopy license allows for a canopy of up to 40,000 square feet at up to eight indoor cultivation facilities.(xiii) A tier 12 canopy license allows for a canopy of up to 50,000 square feet at up to nine indoor cultivation facilities.(c) A cultivator shall demonstrate that the local government approval provisions in 16-12-301 have been satisfied for the jurisdiction where each proposed indoor cultivation facility or facilities is or will be located if a proposed facility would be located in a county in which the majority of voters voted against approval of Initiative Measure No. 190 in the November 3, 2020, general election.(d) When evaluating an initial or renewal license application, the department shall evaluate each proposed indoor cultivation facility for compliance with the provisions of 16-12-207 and 16-12-210.(e)(i) Except as provided in subsection (1)(e)(iii), a cultivator who has reached capacity under the existing license may apply to advance to the next licensing tier in conjunction with a regular renewal application by demonstrating that: (A) the cultivator is using the full amount of canopy currently authorized;(B) the tracking system shows the cultivator is selling at least 80% of the marijuana produced by the square footage of the cultivator's existing license over the 2 previous quarters or the cultivator can otherwise demonstrate to the department that there is a market for the marijuana it seeks to produce; and(C) its proposed additional or expanded indoor cultivation facility or facilities are located in a jurisdiction where the local government approval provisions contained in 16-12-301 have been satisfied or that they are located in a county in which the majority of voters voted to approve Initiative Measure No. 190 in the November 3, 2020, general election.(ii) Except as provided in subsection (1)(e)(iii), the department may increase a licensure level by only one tier at a time.(iii) A cultivator under a combined-use license may increase its licensure level by more than one tier at a time, up to a tier 5 canopy license, without meeting the requirements of subsections (1)(e)(i)(A) and (1)(e)(i)(B).(iv) The department shall conduct an inspection of the cultivator's registered premises and proposed premises within 30 days of receiving the application and before approving the application.(f) A marijuana business that has not been issued a license before July 1, 2025, must be initially licensed at a tier 2 canopy license or lower.(2) The department is authorized to create additional tiers as necessary.(3) The department may adopt rules: (a) for inspection of proposed indoor cultivation facilities under subsection (1);(b) for investigating owners or applicants for a determination of financial interest; and(c) in consultation with the department of agriculture and based on well-supported science, to require licensees to adopt practices consistent with the prevention, introduction, and spread of insects, diseases, and other plant pests into Montana.(4) Initial licensure and annual fees for these licensees are: (a) $1,000 for a cultivator with a micro tier canopy license;(b) $2,500 for a cultivator with a tier 1 canopy license;(c) $5,000 for a cultivator with a tier 2 canopy license;(d) $7,500 for a cultivator with a tier 3 canopy license;(e) $10,000 for a cultivator with a tier 4 canopy license;(f) $13,000 for a cultivator with a tier 5 canopy license;(g) $15,000 for a cultivator with a tier 6 canopy license;(h) $17,500 for a cultivator with a tier 7 canopy license;(i) $20,000 for a cultivator with a tier 8 canopy license;(j) $23,000 for a cultivator with a tier 9 canopy license;(k) $27,000 for a cultivator with a tier 10 canopy license;(l) $32,000 for a cultivator with a tier 11 canopy license; and(m) $37,000 for a cultivator with a tier 12 canopy license.(5) The fee required under this part may be imposed based only on the tier of licensure and may not be applied separately to each indoor cultivation facility used for cultivation under the licensure level.(6) A former medical marijuana licensee who engaged in outdoor cultivation before November 3, 2020, may continue to engage in outdoor cultivation.Amended by Laws 2023, Ch. 743,Sec. 10, eff. 5/22/2023, coordination instruction.Amended by Laws 2023, Ch. 743,Sec. 4, eff. 5/22/2023.Amended by Laws 2023, Ch. 712,Sec. 20, eff. 5/22/2023.Added by Laws 2021, Ch. 576,Sec. 4, eff. 1/1/2022.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."