A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING A DELAYED EFFECTIVE DATE FOR IMPLEMENTATION OF THE MONTANA MARIJUANA REGULATION AND TAXATION ACT; AMENDING SECTIONS 16-12-104 AND 16-12-201, MCA; AMENDING SECTION 56, INITIATIVE MEASURE NO. 190, APPROVED NOVEMBER 3, 2020; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 16-12-104, MCA, is amended to read:
"16-12-104. (Effective October 1, 2021) Department responsibilities -- licensure. (1) The department shall establish and maintain a registry of persons who receive licenses under this chapter. The department shall issue:
(i) to persons who apply to operate as adult-use providers or adult-use marijuana-infused products providers and who submit applications meeting the requirements of this chapter; and
(ii) for adult-use dispensaries established by adult-use providers or adult-use marijuana-infused products providers; and
(b) endorsements for manufacturing to an adult-use provider or an adult-use marijuana-infused products provider that applies for a manufacturing endorsement and meets requirements established by the department by rule.
(2) A person who obtains an adult-use provider license, adult-use marijuana-infused products provider license, or adult-use dispensary license or an employee of a licensed adult-use provider or adult-use marijuana-infused products provider is authorized to cultivate, manufacture, possess, sell, and transport marijuana as allowed by this chapter.
(3) A person who obtains a testing laboratory license or an employee of a licensed testing laboratory is authorized to possess, test, and transport marijuana as allowed by this chapter.
(4) The department shall conduct criminal history background checks as required by 50-46-307 and 50-46-308 before issuing a license to a person named as a provider or marijuana-infused products provider.
(5) Licenses issued pursuant to this chapter must:
(a) be laminated and produced on a material capable of lasting for the duration of the time period for which the license is valid;
(b) indicate whether an adult-use provider or an adult-use marijuana-infused products provider has an endorsement for manufacturing;
(c) state the date of issuance and the expiration date of the license; and
(d) contain other information that the department may specify by rule.
(6) (a) The department shall make application forms available and begin accepting applications for licensure and endorsement under this chapter on or before January 1, 2022 2023.
(b) The department shall review the information contained in an application or renewal submitted pursuant to this chapter and shall approve or deny an application:
(i) within 30 days of receiving the application or renewal and all related application materials from an existing licensed provider or marijuana-infused products provider; and
(ii) within 90 days of receiving the application and all related application materials from a new applicant.
(c) If the department fails to act on a completed application within the time allowed under subsection (6)(b), the department shall:
(i) reduce the cost of the licensing fee for a new applicant for licensure or endorsement or for a licensee seeking renewal of a license by 5% each week that the application is pending; and
(ii) allow a licensee to continue operation until the department takes final action.
(d) Applications that are not processed within the time allowed under subsection (6)(b) remain active until the department takes final action.
(e) (i) The department may not take final action on an application for a license or renewal of a license until the department has completed a satisfactory inspection as required by this chapter and related administrative rules.
(ii) Failure by the department to complete the required inspection within the time allowed under subsection (6)(b) does not prevent an application from being considered complete for the purpose of subsection (6)(c).
(f) The department shall issue a license or endorsement within 5 days of approving an application or renewal.
(7) Review of a rejection of an application or renewal may be conducted as a contested case hearing pursuant to the provisions of the Montana Administrative Procedure Act.
(8) Licenses and endorsements issued to adult-use providers and adult-use marijuana-infused products providers must be renewed annually.
(9) The department shall provide the names and phone numbers of adult-use providers and adult-use marijuana-infused products providers and the city, town, or county where registered premises and testing laboratories are located to the public on the department's website. The department may not disclose the physical location or address of an adult-use provider, adult-use marijuana-infused products provider, adult-use dispensary, or testing laboratory.
(10) The department may not prohibit an adult-use provider, adult-use marijuana-infused products provider, or adult-use dispensary licensee from operating at a shared location with a provider, marijuana-infused products provider, or dispensary as defined in 50-46-302 if the provider, marijuana-infused products provider, or dispensary is owned by the same person.
(11) The department may not adopt rules requiring a consumer to provide an adult-use provider, adult-use marijuana-infused products provider, or adult-use dispensary licensee with identifying information other than identification to determine the consumer's age or require the recording of personal information about consumers other than information typically required in a retail transaction."
Section 2. Section 16-12-201, MCA, is amended to read:
"16-12-201. (Effective October 1, 2021) Licensing of providers, marijuana-infused products providers, and dispensaries for adult use. No later than October 1, 2021 2022, the department shall promulgate rules and regulations to administer and enforce this chapter and shall begin accepting applications for and issuing licenses. The rules may not be unduly burdensome. For the first 12 months after the department begins to receive applications, the department shall only accept applications from and issue licenses to providers, marijuana-infused products providers, and dispensaries licensed under Title 50, chapter 46, part 3, that are in good standing with the department of public health and human services and in compliance with this chapter and rules adopted by the department."
Section 3. Section 56, Initiative Measure No. 190, approved November 3, 2020, is amended to read:
"NEW SECTION. Section 56. Effective dates. (1) [Sections 8, 16, 23, 36, and 40 through 49] are effective January 1, 2021.
(2) Except as
provided in subsection (1), [this act] is effective on October 1, 2021 2022."
NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.