Montana Code 16-12-515. Legal protections — allowable amounts
16-12-515. Legal protections — allowable amounts. (1) (a) A registered cardholder who has elected to obtain marijuana and marijuana products through the system of licensed cultivators, manufacturers, or dispensaries may:
Terms Used In Montana Code 16-12-515
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: means real and personal property. See Montana Code 1-1-205
- 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
- Standard of care: means , at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:
(a)obtaining the patient's medical history;
(b)performing a relevant and necessary physical examination;
(c)reviewing prior treatment and treatment response for the debilitating medical condition;
(d)obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;
(e)discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;
(f)monitoring the response to treatment and possible adverse effects; and
(g)creating and maintaining patient records that remain with the physician. See Montana Code 16-12-502
- Usable marijuana: means the dried leaves and flowers of the marijuana plant that are appropriate for the use of marijuana by an individual. See Montana Code 16-12-102
- 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
(i)possess up to 1 ounce of usable marijuana; and
(ii)purchase a maximum of 5 ounces of usable marijuana a month and no more than 1 ounce of usable marijuana a day.
(b)(i) A registered cardholder may petition the department for an exception to the monthly limit on purchases. The request must be accompanied by a confirmation from the physician who signed the cardholder’s written certification that the cardholder’s debilitating medical condition warrants purchase of an amount exceeding the monthly limit.
(ii)If the department approves an exception to the limit, the approval must establish the monthly amount of usable marijuana that the cardholder may purchase and the limit must be entered into the seed-to-sale tracking system.
(2)Except as provided in 16-12-108 and subject to the provisions of subsection (7) of this section, an individual who possesses a registry identification card issued pursuant to this part may not be arrested, prosecuted, or penalized in any manner or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a professional licensing board or the department of labor and industry, solely because:
(a)the person cultivates, manufactures, possesses, or transports marijuana in the amounts allowed under this section; or
(b)the registered cardholder acquires or uses marijuana.
(3)A physician may not be arrested, prosecuted, or penalized in any manner or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by the board of medical examiners or the department of labor and industry, solely for providing written certification for a patient with a debilitating medical condition.
(4)Nothing in this section prevents the imposition of a civil penalty or a disciplinary action by a professional licensing board or the department of labor and industry if:
(a)a registered cardholder’s use of marijuana impairs the cardholder’s job-related performance; or
(b)a physician violates the standard of care or other requirements of this part.
(5)(a) An individual may not be arrested or prosecuted for constructive possession, conspiracy as provided in 45-4-102, or other provisions of law or any other offense solely for being in the presence or vicinity of the use of marijuana and marijuana products as permitted under this part.
(b)This subsection (5) does not prevent the arrest or prosecution of an individual who is in the vicinity of a registered cardholder’s use of marijuana if the individual is in possession of or is using marijuana in excess of the amounts otherwise provided in this chapter and is not a registered cardholder.
(6)Possession of or application for a registry identification card does not alone constitute probable cause to search the person or individual or the property of the person or individual or otherwise subject the person or individual or property of the person or individual possessing or applying for the card to inspection by any governmental agency, including a law enforcement agency.
(7)The provisions of this section relating to protection from arrest or prosecution do not apply to an individual unless the individual has obtained a registry identification card prior to an arrest or the filing of a criminal charge. It is not a defense to a criminal charge that an individual obtains a registry identification card after an arrest or the filing of a criminal charge.
(8)(a) A registered cardholder is presumed to be engaged in the use of marijuana as allowed by this part if the person:
(i)is in possession of a valid registry identification card; and
(ii)is in possession of an amount of marijuana that does not exceed the amount permitted under this part.
(b)The presumption may be rebutted by evidence that the possession of marijuana was not for the purpose of alleviating the symptoms or effects of a registered cardholder’s debilitating medical condition and exceeded the allowable amount of marijuana otherwise provided for in this part.