Terms Used In Montana Code > Title 16 > Chapter 12 - Marijuana Regulation and Taxation

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adult-use dispensary: means a licensed premises from which a person licensed by the department may:

  (a)obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved under this chapter; and

  (b)sell marijuana or marijuana products to registered cardholders, adults that are 21 years of age or older, or both. See Montana Code 16-12-102

• Affiliate: means a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, another person. See Montana Code 16-12-102
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Board of directors: means the board of directors of the resort area district. See Montana Code 7-6-1501
• Canopy: means the total amount of square footage dedicated to live plant production at a licensed premises consisting of the area of the floor, platform, or means of support or suspension of the plant. See Montana Code 16-12-102
• 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
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means a person 21 years of age or older who obtains or possesses marijuana or marijuana products for personal use from a licensed dispensary but not for resale. See Montana Code 16-12-102
• 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

• Conviction: A judgement of guilt against a criminal defendant.
• Cultivator: means a person licensed by the department to:

  (a)plant, cultivate, grow, harvest, and dry marijuana; and

  (b)package and relabel marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale through a licensed dispensary. 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

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-12-102
• Development: means construction, renovation, or installation of a building or structure, a change in use of a building or structure, or a change in the use of land when the construction, installation, or other action creates additional demand for public facilities. See Montana Code 7-6-1601
• Employee: means an individual employed to do something for the benefit of an employer. See Montana Code 16-12-102
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• 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
• Former medical marijuana licensee: means a person that was licensed by or had an application for licensure pending with the department of public health and human services to provide marijuana to individuals with debilitating medical conditions on April 27, 2021. See Montana Code 16-12-102
• Governmental entity: means a county, city, town, or consolidated government. See Montana Code 7-6-1601
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Impact fee: means any charge imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development from which it is collected. See Montana Code 7-6-1601
• Indoor cultivation facility: means an enclosed area used to grow live plants that is within a permanent structure using artificial light exclusively or to supplement natural sunlight. See Montana Code 16-12-102
• Infrastructure: means tangible facilities and assets related to water, sewer, wastewater treatment, storm water, solid waste and utilities systems, fire protection, ambulance and law enforcement, roads, bridges, and other transportation needs. See Montana Code 7-6-1501
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Licensed premises: means all locations related to, or associated with, a specific license that is authorized under this chapter and includes all enclosed public and private areas at the location that are used in the business operated pursuant to a license, including offices, kitchens, restrooms, and storerooms. See Montana Code 16-12-102
• Licensee: means a person holding a state license issued pursuant to this chapter. See Montana Code 16-12-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means a county, a consolidated government, or an incorporated city or town. See Montana Code 16-12-102
• Luxuries: means any gift item, luxury item, or other item normally sold to the public or to transient visitors or tourists. See Montana Code 7-6-1501
• Manufacturer: means a person licensed by the department to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or relabel marijuana products as allowed under this chapter. 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
• Marijuana business: means a cultivator, manufacturer, adult-use dispensary, medical marijuana dispensary, combined-use marijuana licensee, testing laboratory, marijuana transporter, or any other business or function that is licensed by the department under this chapter. See Montana Code 16-12-102
• Marijuana concentrate: means any type of marijuana product consisting wholly or in part of the resin extracted from any part of the marijuana plant. 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
• Marijuana transporter: means a person that is licensed to transport marijuana and marijuana products from one marijuana business to another marijuana business, or to and from a testing laboratory, and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises, but is not authorized to sell marijuana or marijuana products to consumers under any circumstances. See Montana Code 16-12-102
• Medical marijuana: means marijuana or marijuana products that are for sale solely to a cardholder who is registered under Title 16, chapter 12, part 5. See Montana Code 16-12-102
• Medical marijuana dispensary: means the location from which a registered cardholder may obtain marijuana or marijuana products. See Montana Code 16-12-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Outdoor cultivation: means live plants growing in an area exposed to natural sunlight and environmental conditions including variable temperature, precipitation, and wind. See Montana Code 16-12-102
• Oversight: Committee review of the activities of a Federal agency or program.
• Paraphernalia: has the meaning provided for "drug paraphernalia" in 45-10-101. See Montana Code 16-12-102
• Passive beneficial owner: means any person acquiring an owner's interest in a marijuana business that is not otherwise a controlling beneficial owner or in control. 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Qualified institutional investor: means :

  (a)a bank or banking institution including any bank, trust company, member bank of the federal reserve system, bank and trust company, stock savings bank, or mutual savings bank that is organized and doing business under the laws of this state, any other state, or the laws of the United States;

  (b)a bank holding company as defined in 32-1-109;

  (c)a company organized as an insurance company whose primary and predominant business activity is the writing of insurance or the reinsuring of risks underwritten by insurance companies, and that is subject to regulation or oversight by the insurance department of the office of the state auditor or a similar agency of another state, or any receiver or similar official or any liquidating agent for such a company, in their capacity as such an insurance company;

  (d)an investment company registered under section 8 of the federal Investment Company Act of 1940, as amended;

  (e)an employee benefit plan or pension fund subject to the federal Employee Retirement Income Security Act of 1974, excluding an employee benefit plan or pension fund sponsored by a licensee or an intermediary holding company licensee that directly or indirectly owns 10% or more of a licensee;

  (f)a state or federal government pension plan; or

  (g)any other entity identified by rule by the department. See Montana Code 16-12-102

• Quorum: The number of legislators that must be present to do business.
• Referral physician: means an individual who:

  (a)is licensed under Title 37, chapter 3; and

  (b)is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment. See Montana Code 16-12-502

• 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
• 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.
• Resident: means an individual who meets the requirements of 1-1-215. See Montana Code 16-12-102
• Resort area: means an area that:

  (a)is an unincorporated area and is a defined contiguous geographic area;

  (b)has a population of less than 2,500 according to the most recent federal census;

  (c)derives more than 50% of its economic well-being from businesses catering to the recreational and personal needs of persons traveling to or through the area for purposes not related to their income production and excluding economic activity from health care, schools, government, and other services that primarily benefit residents; and

  (d)has been designated by the department of commerce as a resort area not more than 2 years prior to its establishment by the county commissioners as provided in 7-6-1508. See Montana Code 7-6-1501

• Resort area district: means a district created under 7-6-1532 through 7-6-1536, 7-6-1539 through 7-6-1544, 7-6-1546 through 7-6-1548, and 7-6-1550 that has been established as a resort area under 7-6-1508. See Montana Code 7-6-1501
• Resort community: means a community that:

  (a)is an incorporated municipality;

  (b)has a population of less than 5,500 according to the most recent federal census;

  (c)derives more than 50% of its economic well-being related to current employment from businesses catering to the recreational and personal needs of persons traveling to or through the municipality for purposes not related to their income production and excluding economic activity from health care, schools, government, and other services that primarily benefit residents; and

  (d)has been designated by the department of commerce as a resort community not more than 2 years before the petition of the electors or resolution of the governing body. See Montana Code 7-6-1501

• Seedling: means a marijuana plant that has no flowers and is less than 12 inches in height and 12 inches in diameter. 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

• Summons: Another word for subpoena used by the criminal justice system.
• Synthetic cannabinoids: has the meaning provided in 50-32-222 and includes any cannabinoids produced artificially, whether from chemical synthesis or biosynthesis using recombinant biological agents, including but not limited to yeast and algae. See Montana Code 16-12-102
• Telemedicine: has the meaning provided in 37-3-102. See Montana Code 16-12-502
• 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

• Treating physician: means an individual who:

  (a)is licensed under Title 37, chapter 3; and

  (b)has a bona fide professional relationship with the individual applying to be a registered cardholder. 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
• Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
• 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