Montana Code Annotated 2013

Clickable Image


     50-46-302. Definitions. As used in this part, the following definitions apply:
     (1) "Correctional facility or program" means a facility or program that is described in 53-1-202 and to which a person may be ordered by any court of competent jurisdiction.
     (2) "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 persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient's treating physician and by:
     (i) objective proof of the etiology of the pain, including relevant and necessary diagnostic tests that may include but are not limited to the results of an x-ray, computerized tomography scan, or magnetic resonance imaging; or
     (ii) confirmation of that diagnosis from a second physician who is independent of the treating physician and who conducts a physical examination;
     (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) any other medical condition or treatment for a medical condition approved by the legislature.
     (3) "Department" means the department of public health and human services provided for in 2-15-2201.
     (4) "Local government" means a county, a consolidated government, or an incorporated city or town.
     (5) "Marijuana" has the meaning provided in 50-32-101.
     (6) (a) "Marijuana-infused product" means a product that contains marijuana and is intended for use by a registered cardholder by a means other than smoking.
     (b) The term includes but is not limited to edible products, ointments, and tinctures.
     (7) (a) "Marijuana-infused products provider" means a Montana resident who meets the requirements of this part and who has applied for and received a registry identification card to manufacture and provide marijuana-infused products for a registered cardholder.
     (b) The term does not include the cardholder's treating or referral physician.
     (8) "Mature marijuana plant" means a harvestable female marijuana plant that is flowering.
     (9) "Paraphernalia" has the meaning provided in 45-10-101.
     (10) (a) "Provider" means a Montana resident 18 years of age or older who is authorized by the department to assist a registered cardholder as allowed under this part.
     (b) The term does not include the cardholder's treating physician or referral physician.
     (11) "Referral physician" means a person who:
     (a) is licensed under Title 37, chapter 3;
     (b) has an established office in Montana; and
     (c) is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment.
     (12) "Registered cardholder" or "cardholder" means a Montana resident with a debilitating medical condition who has received and maintains a valid registry identification card.
     (13) "Registered premises" means the location at which a provider or marijuana-infused products provider has indicated the person will cultivate or manufacture marijuana for a registered cardholder.
     (14) "Registry identification card" means a document issued by the department pursuant to 50-46-303 that identifies a person as a registered cardholder, provider, or marijuana-infused products provider.
     (15) (a) "Resident" means an individual who meets the requirements of 1-1-215.
     (b) An individual is not considered a resident for the purposes of this part if the individual:
     (i) claims residence in another state or country for any purpose; or
     (ii) is an absentee property owner paying property tax on property in Montana.
     (16) "Second degree of kinship by blood or marriage" means a mother, father, brother, sister, son, daughter, spouse, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent-in-law, grandchild-in-law, stepfather, stepmother, stepbrother, stepsister, stepson, stepdaughter, stepgrandparent, or stepgrandchild.
     (17) "Seedling" means a marijuana plant that has no flowers and is less than 12 inches in height and 12 inches in diameter.
     (18) "Standard of care" means, at a minimum, the following activities when undertaken 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.
     (19) "Treating physician" means a person who:
     (a) is licensed under Title 37, chapter 3;
     (b) has an established office in Montana; and
     (c) has a bona fide professional relationship with the person applying to be a registered cardholder.
     (20) (a) "Usable marijuana" means the dried leaves and flowers of the marijuana plant and any mixtures or preparations of the dried leaves and flowers that are appropriate for the use of marijuana by a person with a debilitating medical condition.
     (b) The term does not include the seeds, stalks, and roots of the plant.
     (21) "Written certification" means a statement signed by a treating physician or referral physician that meets the requirements of 50-46-310 and is provided in a manner that meets the standard of care.

     History: En. Sec. 2, Ch. 419, L. 2011.

Previous Section MCA Contents Part Contents Search Help Next Section