16-12-503. Medical marijuana registry — department responsibilities — issuance of cards — confidentiality. (1) The department shall establish and maintain a registry of persons who receive registry identification cards under this part.

Terms Used In Montana Code 16-12-503

  • 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
  • Debilitating medical condition: means :

    (a)cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient's health status;

    (b)cachexia or wasting syndrome;

    (c)severe chronic pain that is a persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient's treating physician;

    (d)intractable nausea or vomiting;

    (e)epilepsy or an intractable seizure disorder;

    (f)multiple sclerosis;

    (g)Crohn's disease;

    (h)painful peripheral neuropathy;

    (i)a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms;

    (j)admittance into hospice care in accordance with rules adopted by the department; or

    (k)posttraumatic stress disorder. See Montana Code 16-12-102

  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-12-102
  • Local government: means a county, a consolidated government, or an incorporated city or town. See Montana Code 16-12-102
  • 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
  • Person: means an individual, partnership, association, company, corporation, limited liability company, or organization. See Montana Code 16-12-102
  • Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
  • Registry identification card: means a document issued by the department pursuant to 16-12-503 that identifies an individual as a registered cardholder. See Montana Code 16-12-102
  • 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
  • Written certification: means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care. See Montana Code 16-12-502

(2)The department shall issue registry identification cards to Montana residents who have debilitating medical conditions and who submit applications meeting the requirements of this part.

(3)(a) Registry identification cards issued pursuant to this part must:

(i)be laminated and produced on a material capable of lasting for the duration of the time period for which the card is valid;

(ii)state the name, address, and date of birth of the registered cardholder;

(iii)indicate whether the cardholder is obtaining marijuana and marijuana products through the system of licensed cultivators, manufacturers, or dispensaries;

(iv)state the date of issuance and the expiration date of the registry identification card;

(v)contain a unique identification number; and

(vi)contain other information that the department may specify by rule.

(b)Except as provided in subsection (3)(c), in addition to complying with subsection (3)(a), registry identification cards issued pursuant to this part must:

(i)include a picture of the registered cardholder; and

(ii)be capable of being used to track registered cardholder purchases.

(c)(i) The department shall issue a temporary registry identification card on receipt of an application. The cards are valid for 60 days and are exempt from the requirements of subsection (3)(b). Printing of the temporary registry identification cards is exempt from the provisions of Title 18, chapter 7.

(ii)A card may be issued before an applicant’s payment of the fee has cleared. The department shall cancel the temporary registry identification card after 60 days and may not issue a permanent registry identification card until the fee is paid.

(4)(a) The department shall review the information contained in an application or renewal submitted pursuant to this part and shall approve or deny an application or renewal within 30 days of receiving the application or renewal and all related application materials.

(b)If the department fails to act on a completed application within 30 days of receipt, the department shall refund the fee paid by an applicant for a registry identification card.

(c)Applications that are not processed within 30 days of receipt remain active until the department takes final action.

(d)The department shall issue a registry identification card within 5 days of approving an application or renewal.

(5)Review of a rejection of an application or renewal may be conducted as a contested case hearing pursuant to the provisions of the Montana Administrative Procedure Act.

(6)Registry identification cards expire 1 year after the date of issuance unless a physician has provided a written certification stating that a card is valid for a shorter period of time.

(7)(a) A registered cardholder shall notify the department of any change in the cardholder’s name, address, or physician or a change in the status of the cardholder’s debilitating medical condition within 10 days of the change.

(b)If a change occurs and is not reported to the department, the registry identification card is void.

(8)The department shall maintain a confidential list of individuals to whom the department has issued registry identification cards. Individual names and other identifying information on the list must be confidential and is not subject to disclosure, except to:

(a)authorized employees of the department as necessary to perform the official duties of the department;

(b)authorized employees of state or local government agencies, including law enforcement agencies, only as necessary to verify that an individual is a lawful possessor of a registry identification card;

(c)a judge, magistrate, or other authorized judicial officer in response to an order requiring disclosure; and

(d)another person or entity when the information pertains to a cardholder who has given written consent to the release and has specified:

(i)the type of information to be released; and

(ii)the person or entity to whom it may be released.

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