16-12-111. Marijuana state special revenue account — operating reserve — transfer of excess funds. (1) There is a dedicated marijuana state special revenue account within the state special revenue fund established in 17-2-102, to be administered by the department.

Terms Used In Montana Code 16-12-111

  • 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
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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

(2)The account consists of:

(a)money deposited into the account pursuant to this chapter;

(b)the taxes collected pursuant to Title 15, chapter 64, part 1;

(c)license and registered cardholder fees deposited into the account pursuant to this chapter;

(d)taxes deposited into the account pursuant to 16-12-310; and

(e)civil penalties collected under this chapter.

(3)Except as provided in subsection (4), money in the account must be used by the department for the purpose of administering the provisions of this chapter.

(4)At the end of each fiscal year, the department shall transfer funds in excess of a 3-month operating reserve necessary to fund operating costs at the beginning of the next fiscal year in the following order:

(a)an amount not to exceed $6 million must be transferred to the healing and ending addiction through recovery and treatment (HEART) account established in 16-12-122;

(b)the net balance remaining after distribution to the HEART account must be distributed as follows:

(i)20% to the credit of the department of fish, wildlife, and parks to be used solely as funding for wildlife habitat in the same manner as funding generated under 87-1-242(3) and used pursuant to 87-1-209;

(ii)4% to the state park account established in 23-1-105(1);

(iii)4% to the trails and recreational facilities account established in 23-2-108;

(iv)4% to the nongame wildlife account established in 87-5-121;

(v)3% or $200,000, whichever is less, to the veterans and surviving spouses state special revenue account provided for in 10-2-108;

(vi)for the biennium beginning July 1, 2021, $300,000 to the department of justice to administer grant funding to local and state law enforcement agencies for the purpose of purchasing and training drug detection canines and canine handlers, including canines owned by local law enforcement agencies to replace canines who were trained to detect marijuana;

(vii)$150,000 to the board of crime control to fund crisis intervention team training as provided in 44-7-110; and

(viii)the remainder to the general fund. (Subsection (4)(b)(vi) terminates June 30, 2025–sec. 117(2), Ch. 576, L. 2021.)

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