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Rule Title: MARIJUANA AND MARIJUANA-INFUSED PRODUCTS PROVIDER LICENSEE REQUIREMENTS
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: MARIJUANA REGISTRY
Subchapter: General Requirements
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.107.118    MARIJUANA AND MARIJUANA-INFUSED PRODUCTS PROVIDER LICENSEE REQUIREMENTS

(1) A licensee must clearly identify all limited access areas at a registered premises.

(2) All licensee employees must wear a department-issued identification badge.

(3) A licensee must maintain a daily log of all visitor activity on a registered premises. The log must contain the visitor's first and last name and date of visit.

(4) Visitors must be accompanied by a licensee or licensee employee at all times.

(5) A licensee must post signs inside the registered premises in a conspicuous location that read:

(a) "No Minors Permitted on This Premises Except When Accompanied By An Adult"; and

(b) "No On-Site Consumption of Marijuana Except by Registered Cardholders".

(6) A licensee may have up to 30 square feet of canopy space per registered cardholder.

(a) Square footage of canopy space is the total amount of square footage dedicated to live plant production at a registered premise consisting of the area of the floor, platform, or means of support or suspension of the plant and is measured horizontally starting from the outermost point of the furthest mature flowering plant in a designated growing space and continuing around the outside of all mature flowering plants located within the designated growing space.

(b) A licensee may designate multiple grow areas at a registered premises but those spaces must be separated by a physical boundary such as an interior wall or by at least eight feet of open space.

(c) A licensee must not exceed the total canopy allowed by the department for cultivation of marijuana.

(7) A licensee is responsible for the security of all marijuana items on a registered premises, in transit, and under the supervision of any licensee or licensee employee until the marijuana item is sold.

(8) A licensee must have a written security plan maintained on the registered premises that safeguards against theft, diversion, or tampering of marijuana items both on the registered premises and during transit.

(9) Commercial grade, nonresidential door locks must be installed on every external door and gate of a registered premises.

(10) A licensee must ensure general sanitary requirements are met on a registered premises to include:

(a) hand-washing facilities;

(b) proper and timely removal of all litter and waste; and

(c) toilet facilities that are maintained in a sanitary condition and good repair.

(11) A licensee must establish written standard operating procedures to produce marijuana and maintain them on the registered premises. The standard operating procedures must include:

(a) when and how all pesticides or other chemicals are to be applied during the production process;

(b) water usage and waste water disposal;

(c) the waste disposal plan; and

(d) any other written procedures as required by the department.

(12) If a licensee makes a material change to its standard operating procedures it must document the change and revise its standard operating procedures accordingly.

(13) A licensee must use a standardized scale whenever marijuana items are:

(a) packaged for sale by weight;

(b) bought and sold by weight; and

(c) weighed for entry into the inventory tracking system.

(14) A licensee must maintain the following records in either paper or electronic form on the registered premises for at least three years:

(a) financial records that clearly reflect all financial transactions; and

(b) all licensee employee training and payroll records.

(15) A licensee must establish written emergency procedures to be followed in case of a fire, chemical spill, or other emergency at all registered premises.

(16) In addition to other records required by these rules, a licensee must maintain on the registered premises:

(a) the material safety data sheet for all pesticides, fertilizers, or other agricultural chemicals used in the production of marijuana;

(b) the original label or a copy thereof for all pesticides, fertilizers, or other agricultural chemicals used in the production of marijuana; and

(c) a log of all pesticides, fertilizers, or other agricultural chemicals used in the production of marijuana.

(17) The licensee must maintain documentation of meeting all local jurisdiction requirements such as licensing, fire, health, and safety.

(18) A licensee may not:

(a) give marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or game of skill, or competition of any kind;

(b) sell or transfer to a registered cardholder any marijuana item through a drive-up window; or

(c) treat or otherwise alter usable marijuana, consisting of dried leaves and flowers, with the intent of altering the color, appearance, weight, or smell.

 

History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-312, 50-46-319, 50-46-326, 50-46-328, 50-46-329, 50-46-330, MCA; NEW, 2018 MAR p. 592, Eff. 4/10/18; AMD, 2018 MAR p. 1968, Eff. 10/6/18.


 

 
MAR Notices Effective From Effective To History Notes
37-839 10/6/2018 Current History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-312, 50-46-319, 50-46-326, 50-46-328, 50-46-329, 50-46-330, MCA; NEW, 2018 MAR p. 592, Eff. 4/10/18; AMD, 2018 MAR p. 1968, Eff. 10/6/18.
37-820 4/10/2018 10/6/2018 History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-312, 50-46-319, 50-46-326, 50-46-328, 50-46-329, 50-46-330, MCA; NEW, 2018 MAR p. 592, Eff. 4/10/18.
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