Montana Code Annotated 2015

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     50-46-320. Limitations of act. (1) This part does not permit:
     (a) any person, including a registered cardholder, to operate, navigate, or be in actual physical control of a motor vehicle, aircraft, or motorboat while under the influence of marijuana; or
     (b) except as provided in subsection (3), the use of marijuana by a registered cardholder:
     (i) in a health care facility as defined in 50-5-101;
     (ii) in a school or a postsecondary school as defined in 20-5-402;
     (iii) on or in any property owned by a school district or a postsecondary school;
     (iv) on or in any property leased by a school district or a postsecondary school when the property is being used for school-related purposes;
     (v) in a school bus or other form of public transportation;
     (vi) when ordered by any court of competent jurisdiction into a correctional facility or program;
     (vii) if a court has imposed restrictions on the cardholder's use pursuant to 46-18-202;
     (viii) at a public park, public beach, public recreation center, or youth center;
     (ix) in or on the property of any church, synagogue, or other place of worship;
     (x) in plain view of or in a place open to the general public; or
     (xi) where exposure to the marijuana smoke significantly adversely affects the health, safety, or welfare of children.
     (2) A registered cardholder, provider, or marijuana-infused products provider may not cultivate or manufacture marijuana for use by a registered cardholder in a manner that is visible from the street or other public area.
     (3) A hospice or residential care facility licensed under Title 50, chapter 5, may adopt a policy that allows use of marijuana by a registered cardholder.
     (4) Nothing in this part may be construed to require:
     (a) a government medical assistance program, a group benefit plan that is covered by the provisions of Title 2, chapter 18, an insurer covered by the provisions of Title 33, or an insurer as defined in 39-71-116 to reimburse a person for costs associated with the use of marijuana by a registered cardholder;
     (b) an employer to accommodate the use of marijuana by a registered cardholder;
     (c) a school or postsecondary school to allow a registered cardholder to participate in extracurricular activities; or
     (d) a landlord to allow a tenant who is a registered cardholder, provider, or marijuana-infused products provider to cultivate or manufacture marijuana or to allow a registered cardholder to use marijuana.
     (5) Nothing in this part may be construed to:
     (a) prohibit an employer from including in any contract a provision prohibiting the use of marijuana for a debilitating medical condition; or
     (b) permit a cause of action against an employer for wrongful discharge pursuant to 39-2-904 or discrimination pursuant to 49-1-102.
     (6) Nothing in this part may be construed to allow a provider or marijuana-infused products provider to use marijuana or to prevent criminal prosecution of a provider or marijuana-infused products provider who uses marijuana or paraphernalia for personal use.
     (7) (a) A law enforcement officer who has reasonable cause to believe that a person with a valid registry identification card is driving under the influence of marijuana may apply for a search warrant to require the person to provide a sample of the person's blood for testing pursuant to the provisions of 61-8-405. A person with a delta-9-tetrahydrocannabinol level of 5 ng/ml may be charged with a violation of 61-8-401 or 61-8-411.
     (b) A registered cardholder, provider, or marijuana-infused products provider who violates subsection (1)(a) is subject to revocation of the person's registry identification card if the individual is convicted of or pleads guilty to any offense related to driving under the influence of alcohol or drugs when the initial offense with which the individual was charged was a violation of 61-8-401, 61-8-406, 61-8-410, or 61-8-411. A revocation under this section must be for the period of suspension or revocation set forth:
     (i) in 61-5-208 for a violation of 61-8-401, 61-8-406, or 61-8-411; or
     (ii) in 61-8-410 for a violation of 61-8-410.
     (c) If a person's registry identification card is subject to renewal during the revocation period, the person may not renew the card until the full revocation period has elapsed. The card may be renewed only if the person submits all materials required for renewal.

     History: En. Sec. 11, Ch. 419, L. 2011; amd. Sec. 6, Ch. 153, L. 2013.

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