50-46-307. Persons with debilitating medical conditions -- requirements -- minors -- limitations. (1) Except as provided in subsections (2) through (4), the department shall issue a registry identification card to a person with a debilitating medical condition who submits the following, in accordance with department rules:
(a) an application on a form prescribed by the department;
(b) an application fee or a renewal fee;
(c) the person's name, street address, and date of birth;
(d) proof of Montana residency;
(e) a statement that the person will be cultivating and manufacturing marijuana for the person's use or will be obtaining marijuana from a provider or a marijuana-infused products provider;
(f) a statement, on a form prescribed by the department, that the person will not divert to any other person the marijuana that the person cultivates, manufactures, or obtains for the person's debilitating medical condition;
(g) the name of the person's treating physician or referral physician and the street address and telephone number of the physician's office;
(h) the street address where the person is cultivating or manufacturing marijuana if the person is cultivating or manufacturing marijuana for the person's own use;
(i) the name, date of birth, and street address of the individual the person has selected as a provider or marijuana-infused products provider, if any; and
(j) the written certification and accompanying statements from the person's treating physician or referral physician as required pursuant to 50-46-310.
(2) The department shall issue a registry identification card to a minor if the materials required under subsection (1) are submitted and the minor's custodial parent or legal guardian with responsibility for health care decisions:
(a) provides proof of legal guardianship and responsibility for health care decisions if the person is submitting an application as the minor's legal guardian with responsibility for health care decisions; and
(b) signs and submits a written statement that:
(i) the minor's treating physician or referral physician has explained to the minor and to the minor's custodial parent or legal guardian with responsibility for health care decisions the potential risks and benefits of the use of marijuana; and
(ii) the minor's custodial parent or legal guardian with responsibility for health care decisions:
(A) consents to the use of marijuana by the minor;
(B) agrees to serve as the minor's marijuana-infused products provider;
(C) agrees to control the acquisition of marijuana and the dosage and frequency of the use of marijuana by the minor;
(D) agrees that the minor will use only marijuana-infused products and will not smoke marijuana;
(c) submits fingerprints to facilitate a fingerprint and background check by the department of justice and federal bureau of investigation. The parent or legal guardian shall pay the costs of the background check and may not obtain a registry identification card as a marijuana-infused products provider if the parent or legal guardian does not meet the requirements of 50-46-308.
(d) pledges, on a form prescribed by the department, not to divert to any person any marijuana cultivated or manufactured for the minor's use in a marijuana-infused product.
(3) An application for a registry identification card for a minor must be accompanied by the written certification and accompanying statements required pursuant to 50-46-310 from a second physician in addition to the minor's treating physician or referral physician.
(4) A person may not be a registered cardholder if the person is in the custody of or under the supervision of the department of corrections or a youth court.
(5) A registered cardholder who elects to obtain marijuana from a provider or marijuana-infused products provider may not cultivate or manufacture marijuana for the cardholder's use unless the registered cardholder is the provider or marijuana-infused products provider.
(6) A registered cardholder may cultivate or manufacture marijuana as allowed under 50-46-319 only:
(a) at a property that is owned by the cardholder; or
(b) with written permission of the landlord, at a property that is rented or leased by the cardholder.
(7) No portion of the property used for cultivation and manufacture of marijuana for use by the registered cardholder may be shared with or rented or leased to a provider, a marijuana-infused products provider, or a registered cardholder unless the property is owned, rented, or leased by cardholders who are related to each other by the second degree of kinship by blood or marriage.
History: En. Sec. 4, Ch. 419, L. 2011.