Montana Code 16-12-202. Testing laboratories — licensing — inspection
16-12-202. Testing laboratories — licensing — inspection. (1) (a) A person who obtains a testing laboratory license or is an employee of a licensed testing laboratory is authorized to possess and test marijuana as allowed by this chapter.
Terms Used In Montana Code 16-12-202
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Controlling beneficial owner: means a person that satisfies one or more of the following:
(a)is a natural person, an entity that is organized under the laws of and for which its principal place of business is located in one of the states or territories of the United States or District of Columbia, or a publicly traded corporation, and:
(i)acting alone or acting in concert, owns or acquires beneficial ownership of 5% or more of the owner's interest of a marijuana business;
(ii)is an affiliate that controls a marijuana business and includes, without limitation, any manager; or
(iii)is otherwise in a position to control the marijuana business; or
(b)is a qualified institutional investor acting alone or acting in concert that owns or acquires beneficial ownership of more than 15% of the owner's interest of a marijuana business. 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
- Financial interest: means a legal or beneficial interest that entitles the holder, directly or indirectly through a business, an investment, or a spouse, parent, or child relationship, to 5% or more of the net profits or net worth of the entity in which the interest is held. See Montana Code 16-12-102
- 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.
- 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
- Person: means an individual, partnership, association, company, corporation, limited liability company, or organization. See Montana Code 16-12-102
- 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
(b)A person who is a controlling beneficial owner of a testing laboratory or holds a financial interest in a licensed testing laboratory may not be a controlling beneficial owner or have a financial interest in any entity involved in the cultivation, manufacture, or sale of marijuana or marijuana products for whom testing services are performed.
(2)(a) The department shall endorse a testing laboratory to perform the testing required under 16-12-206 and 16-12-209 before a testing laboratory may apply for licensure or renewal with the department.
(b)(i) The department shall inspect a testing laboratory before endorsing a testing laboratory for licensure or renewal and may not endorse a testing laboratory for licensure or renewal if the applicant does not meet the requirements of 16-12-206 and this section.
(ii)The department may not issue a temporary license while an inspection is pending.
(3)An inspection conducted for licensure or renewal of a license must include a review of an applicant’s or testing laboratory’s:
(a)physical premises where testing will be conducted;
(b)instrumentation;
(c)protocols for sampling, handling, testing, reporting, security and storage, and waste disposal;
(d)raw data on tests conducted by the laboratory, if the inspection is for renewal of a license; and
(e)vehicles used for transporting marijuana or marijuana product samples for testing purposes.
(4)On receiving an endorsement from the department for licensure or annual renewal, a testing laboratory must apply for licensure or renewal with the department by submitting to the department:
(a)the information required by 16-12-203; and
(b)a fee that the department shall establish by rule.
(5)The department shall:
(a)measure the tetrahydrocannabinol, tetrahydrocannabinolic acid, cannabidiol, and cannabidiolic acid content of marijuana and marijuana products;
(b)test marijuana and marijuana products for pesticides, solvents, moisture levels, mold, mildew, and other contaminants; and
(c)establish and enforce standard operating procedures and testing standards for testing laboratories to ensure that consumers and registered cardholders receive consistent and uniform information about the potency and quality of the marijuana and marijuana products they receive. The department shall:
(i)consult with independent national or international organizations that establish testing standards for marijuana and marijuana products;
(ii)require testing laboratories to follow uniform standards and protocols for the samples accepted for testing and the processes used for testing the samples; and
(iii)track and analyze the raw data for the results of testing conducted by testing laboratories to ensure that the testing laboratories are providing consistent and uniform results.
(6)The department may retain the services of the analytical laboratory provided by the department of agriculture pursuant to 80-1-104 for the testing contemplated in this section.
(7)If an analysis of raw testing data indicates that licensees are providing test results that vary among testing laboratories by an amount determined by the department by rule, the department shall investigate the inconsistent results and determine within 60 days the steps the testing laboratories must take to ensure that each testing laboratory provides accurate and consistent results.
(8)If the analysis of raw testing data indicates a testing laboratory may be providing inconsistent results, the department may suspend the testing laboratory’s license. A suspension must be based on rules adopted by the department.
(9)The department shall revoke a testing laboratory’s license upon a determination that the laboratory is:
(a)providing test results that are fraudulent or misleading; or
(b)providing test results without having:
(i)the equipment needed to test marijuana, marijuana concentrates, or marijuana products; or
(ii)the equipment required under this chapter to conduct the tests for which the laboratory is providing results.
(10)(a) Review of a rejection of an application or renewal may be conducted as a contested case hearing before the department’s office of dispute resolution pursuant to the provisions of the Montana Administrative Procedure Act.
(b)A person may appeal any decision of the department concerning the issuance, rejection, suspension, or revocation of a license provided for in this chapter to the district court in the county in which the person operates or proposes to operate. If a person operates or seeks to operate in more than one county, the person may seek judicial review in the district court with jurisdiction over actions arising in any of the counties where it operates or seeks to operate.
(c)An appeal pursuant to subsection (10)(b) must be made by filing a complaint setting forth the grounds for relief and the nature of relief demanded with the district court within 30 days following receipt of notice of the department’s final decision.