§ 16-12-301 Local government authority to regulate — opt-in requirement in certain counties — exemption for existing licensees
§ 16-12-302 Fraudulent representation — penalties
§ 16-12-303 Law enforcement authority
§ 16-12-304 Forfeiture
§ 16-12-305 Enforcement — ordinances — investigations — injunctions — violation
§ 16-12-309 Local government taxing authority — specific delegation
§ 16-12-310 Limit on local-option marijuana excise tax rate — goods subject to tax
§ 16-12-311 Local government excise tax– election required — procedure — notice
§ 16-12-312 Tax administration
§ 16-12-317 Use of local-option marijuana excise tax revenue

Terms Used In Montana Code > Title 16 > Chapter 12 > Part 3 - Local Government and Law Enforcement Authority

  • 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

  • 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
  • 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

  • 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
  • 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.
  • 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.
  • 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
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • 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
  • 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
  • Local government: means a county, a consolidated government, or an incorporated city or town. See Montana Code 16-12-102
  • 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 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
  • Paraphernalia: has the meaning provided for "drug paraphernalia" in 45-10-101. 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
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Property: means real and personal property. See Montana Code 1-1-205
  • 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
  • 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