_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A PSILOCYBIN-ASSISTED THERAPY PILOT PROGRAM FOR VETERANS' MENTAL HEALTH; ESTABLISHING A SELECTION PROCESS FOR VETERAN PARTICIPATION; ESTABLISHING REQUIREMENTS FOR REGISTRATION OF PATIENTS AND OF INDIVIDUALS AUTHORIZED TO CULTIVATE, DELIVER, AND ADMINISTER PSILOCYBIN; PROVIDING LEGAL PROTECTIONS; ESTABLISHING ALLOWABLE ACTIVITIES AND LIMITATIONS ON ACTIVITIES; LIMITING LOCAL GOVERNMENT AUTHORITY TO REGULATE PSILOCYBIN CULTIVATION AND ADMINISTRATION SITES; providing definitions; providing rulemaking authority; AMENDING SECTIONS 7-1-111, 45-9-101, 45-9-102, 45-9-103, 45-9-110, 45-9-127, AND 45-10-107, MCA; and PROVIDING AN EFFECTIVE DATE and A TERMINATION DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Legislative findings -- purpose. (1) The legislature recognizes that the U.S. food and drug administration has determined that psilocybin may demonstrate substantial improvement over available therapies for treatment-resistant depression.

(2) The legislature further recognizes that the U.S. department of veterans affairs has found that the suicide rate for Montana veterans is significantly higher than the national suicide rate for veterans and for the general population.

(3) The purpose of [sections 1 through 18] is to establish a pilot project for the limited use of psilocybin by Montana veterans to test the effectiveness of the drug in relieving the symptoms of certain mental and substance use disorders and to collect statistical and other information to allow the legislature to evaluate the effectiveness of psilocybin as a treatment before deciding whether to authorize the use of psilocybin on a wider scale.

NEW SECTION. Section 2. Definitions. As used in [sections 1 through 18], the following definitions apply:

(1) "Administrator" means a person who has obtained a national clinical trial identifier issued by the national library of medicine for plant medicine psilocybin and who is registered by the department to lead a psilocybin-assisted therapy treatment team. An administrator is not a mental health professional.

(2) "Contractor" means a person meeting the requirements of [section 9] who is under contract with a psilocybin-assisted therapy treatment team or cultivator to carry out activities as allowed under [sections 1 through 18].

(3) "Cultivator" means a person meeting the requirements of [section 7] and registered by the department to grow psilocybin for one or more psilocybin-assisted therapy teams.

(4) "Department" means the department of revenue provided for in 2-15-1301.

(5) "Employee" means a person employed by or under contract with a member of the psilocybin-assisted therapy treatment team and registered with the department to assist with activities as allowed under [section 9].

(6) "Mental health professional" means:

(a) a psychologist licensed under Title 37, chapter 17;

(b) a clinical social worker licensed under Title 37, chapter 22; or

(7) "Plant medicine onboarding provider" means a member of a psilocybin-assisted therapy treatment team who meets the requirements of [section 8].

(8) "Psilocybin" means a naturally occurring psychedelic prodrug compound produced by fungi, including but not limited to members of the genus Psilocybe.

(9) "Psilocybin-assisted therapy" means the integration of psilocybin with evidence-based therapeutic protocols.

(10) "Registered patient" means a veteran meeting the requirements of [section 5] who is selected for the psilocybin-assisted therapy pilot project.

NEW SECTION. Section 3. Psilocybin-assisted therapy pilot project for veterans -- selection of participants. (1) There is a psilocybin-assisted therapy pilot project for veterans. The pilot project consists of up to three psilocybin-assisted therapy treatment teams registered with the department to cultivate or acquire psilocybin for use by registered patients, administer psilocybin in appropriate dosages, monitor patient use of psilocybin, and record patient responses to the therapy.

(2) The department shall accept and review applications from veterans for participation in the pilot project. Veterans who meet the criteria of [section 5] must be included in a pool for possible inclusion in the pilot project. Every 8 weeks, the department shall use a lottery process to select veterans for participation in the pilot project.

NEW SECTION. Section 4. Department duties. (1) The department shall administer the psilocybin-assisted therapy pilot project provided for in [sections 1 through 18].

(2) The department shall:

(a) establish the application process to be used by veterans, cultivators, psilocybin-assisted therapy treatment team members, employees, and contractors, including the fees for each registration type;

(b) establish criteria for approval of applications;

(d) issue registrations for individuals who qualify to participate as a patient, cultivator, administrator, or member of a psilocybin-assisted therapy treatment team or as an employee or contractor of a cultivator or treatment team;

(e) establish a process for selecting by lottery the veterans to be registered for the pilot project; and

(f) establish by rule the fees for registering as a patient, cultivator, administrator, other member of a psilocybin-assisted therapy team, employee, or contractor.

(3) The department may not:

(a) register more than three psilocybin-assisted therapy treatment teams for the pilot project; or

(b) register a person as a cultivator, administrator, psilocybin-assisted therapy team member, employee, or contractor if the person has been convicted of a felony offense or of a sexual offense.

(4) The department shall maintain a list of persons to whom the department has issued registrations. Individual names and other identifying information on the list must be confidential and are not subject to disclosure, except to:

(a) authorized employees of the department as necessary to perform the official duties of the department; and

(b) authorized employees of state or local government agencies, including law enforcement agencies, only as necessary to verify that an individual is lawfully registered with the state.

(5) The department may request records, conduct inspections, and investigate complaints related to the psilocybin-assisted therapy pilot project.

(6) (a) The department shall, on an ongoing basis, review and evaluate:

(i) results reported by each psilocybin-assisted therapy treatment team;

(ii) available information on the efficacy of psilocybin-assisted therapy in the treatment of mental disorders, substance use disorders, and other medical conditions;

(iii) proposed and approved changes to federal laws or laws in other states related to the use of psilocybin for medical conditions; and

(iv) whether and how to expand the pilot project statewide in a cost-effective manner.

(b) The department may create an advisory committee to assist with the review required under this subsection (6).

(7) (a) The department shall report biennially to the legislature, in accordance with 5-11-210, on:

(i) the number of registered patients, administrators, health care providers, employees, and contractors participating in the pilot project;

(ii) the number of registered treatment locations;

(iii) the qualifying medical conditions of the registered patients;

(iv) the amount of time registered patients have been participating in the pilot project; and

(v) the positive and adverse effects documented for the psilocybin-assisted therapy.

(b) The report may not contain any individually identifying information.

NEW SECTION. Section 5. Registered patients -- qualifying conditions -- selection and notification. (1) A veteran may apply for selection as a participant in the psilocybin-assisted therapy pilot project if:

(a) the veteran has been diagnosed with one of the following conditions as listed in the fifth edition of the diagnostic and statistical manual of mental disorders:

(i) acute stress disorder or posttraumatic stress disorder;

(ii) other specified trauma and stressor related disorder;

(iii) major depressive disorder; or

(iv) a substance use disorder; and

(b) the health care provider treating the veteran attests that:

(i) treatments to date have resulted in limited to no progress; and

(ii) the veteran does not have a medical condition for which the use of psilocybin is contraindicated.

(2) A veteran shall submit an application and any accompanying documentation required by the department. The department shall notify each applicant of approval or denial of the application and, if the application was approved, the time of the next selection of pilot project registrants.

(3) (a) A veteran whose application has been approved must be included in the pool of potential pilot project participants. Every 8 weeks, the department shall select by lottery the individuals who will be registered for participation in the pilot project. Individuals who were not selected for participation remain members of the pool and eligible for selection at a future date.

(4) The department shall establish by rule the procedures to be used in assigning registered patients to existing psilocybin-assisted therapy treatment teams.

(5) A veteran selected to participate in the pilot project:

(a) must pay a registration fee established by the department by rule; and

(b) remains eligible to use psilocybin as allowed under [sections 1 through 18] for up to 1 year after the date of the veteran's acceptance into the pilot project without reapplying for continued registration.

NEW SECTION. Section 6. Psilocybin-assisted therapy treatment teams -- requirements -- allowable activities -- limitations. (1) Each psilocybin-assisted therapy treatment team consists of:

(a) one administrator; and

(b) a health care team made up of:

(i) at least one and up to three mental health professionals meeting the requirements of subsection (2); and

(ii) one physician licensed pursuant to Tile 37, chapter 3.

(2) To qualify for participation on a treatment team, a mental health professional must:

(a) have been licensed at least 10 years;

(b) be actively practicing in the professional's field; and

(c) be trained in evidence-based treatment of posttraumatic stress disorder or trauma, major depressive disorder, or substance abuse disorder.

(3) Members of a psilocybin-assisted therapy treatment team shall apply as a team for registration. Each member must submit fingerprints to facilitate a fingerprint and background check by the department of justice and the federal bureau of investigation.

(4) The department may register as members of a team only those individuals who meet the requirements of [sections 1 through 18].

(5) A team may serve up to nine registered patients for each licensed mental health professional member of the team.

(6) The team administrator:

(a) shall develop and register with the department a 32-hour training program that includes safety protocols, dosage protocols, therapeutic guidelines, and data collection practices;

(b) shall ensure that team members:

(i) are trained in and successfully complete the 32-hour training program; or

(ii) have successfully completed an equivalent program that has been approved by the department and is offered by a nationally recognized entity;

(c) may cultivate, package, and label psilocybin for use by registered patients or may acquire psilocybin from a cultivator registered to grow psilocybin for the treatment team;

(d) shall develop the therapeutic protocol for each registered patient, including but not limited to the initial dosage amounts to be administered in a monitored treatment setting and the maintenance dosage levels for registered patients to self administer;

(e) shall administer psilocybin provided at a treatment location;

(f) shall maintain a log of the amount of psilocybin cultivated or acquired and the amount provided to patients;

(g) shall record or obtain from members of the treatment team each patient's experience during psilocybin-assisted therapy; and

(h) shall share data, research, protocols, and notes with the other members of the team.

(7) An administrator who has elected to acquire psilocybin from a cultivator may not cultivate psilocybin.

(8) On completion of the required training, mental health professionals who are members of the treatment team:

(a) shall provide ongoing therapy for registered patients;

(b) shall advise the plant medicine onboarding providers of the recommended treatment approach for each patient and consult with the providers about the initial therapeutic dose of psilocybin; and

(9) The physician member of the treatment team shall review and adjust medications and stabilize patients as needed.

(10) The psilocybin-assisted therapy treatment team shall maintain records of the doses and other therapy provided to each registered patient and the patient's responses. The records must be made available to all members of the treatment team.

(11) An administrator and physician may review dosages and patient experiences and collect data by means of telehealth, including consultation by telephone.

(12) A psilocybin-assisted therapy treatment team may hire employees or contractors to assist with carrying out treatment under [sections 1 through 18].

NEW SECTION. Section 7. Cultivators -- registration requirements -- inspections. (1) An applicant for registration as a cultivator shall:

(a) submit a fee as required by the department;

(b) submit fingerprints to facilitate a fingerprint and background check by the Montana department of justice and federal bureau of investigation; and

(2) A cultivator shall register with the department the street address of any site used to cultivate or store psilocybin.

(3) If approved to do so by the department, a cultivator may cultivate, transport, and deliver psilocybin for more than one psilocybin-assisted therapy treatment team. A treatment team may not obtain psilocybin from more than one cultivator.

(4) The department shall adopt rules establishing requirements for cultivation sites, including rules related to safety and security of the cultivation site and any related storage site.

(5) The department may conduct scheduled inspections of cultivation and storage sites, including any cultivation or storage site used by an administrator who is cultivating psilocybin for a psilocybin-assisted therapy team.

(6) The department may not register a cultivator unless at least one administrator of a psilocybin-assisted therapy treatment team has indicated that the administrator will not cultivate psilocybin. The department may limit the number of cultivator registrations to keep psilocybin production consistent with the number of registered patients and the number of registered psilocybin-assisted therapy treatment teams for which an administrator is not cultivating psilocybin for the treatment team's registered patients.

NEW SECTION. Section 8. Plant medicine onboarding provider. (1) The administrator of each psilocybin-assisted therapy treatment team shall serve as a plant medicine onboarding provider. Additional members of the treatment team may act as a plant medicine onboarding provider on successful completion of a 32-hour program developed and offered by the administrator and approved by the department or a similar training program that is approved by the department and offered by a nationally recognized entity.

(2) A plant medicine onboarding provider shall record all psilocybin that the provider receives for and provides to registered patients.

(3) A plant medicine onboarding provider may:

(a) set standards of dosage for a registered patient;

(b) package and label psilocybin;

(d) provide microdoses for a registered patient; and

(e) transport and deliver psilocybin to a treatment location.

(4) An employee or contractor may be registered as a plant medicine onboarding provider if the person:

(a) completes the training required under subsection (1); and

(b) pays an additional fee as established by the department by rule.

NEW SECTION. Section 9. Employees and contractors -- requirements -- allowable activities. (1) A person may be registered as an employee of or a contractor for a psilocybin-assisted therapy treatment team, team member, or cultivator if the person is:

(a) at least 18 years of age;

(b) submits the materials and fee required by the department; and

(c) submits fingerprints to facilitate a fingerprint and background check by the Montana department of justice and the federal bureau of investigation.

(2) The department may not register a person who has been convicted of a felony offense or a sexual offense.

(3) An employee or contractor of a psilocybin-assisted therapy treatment team may carry out duties as delegated by the treatment team within limits established by the department by rule.

(4) An employee of a cultivator may assist with cultivating, packaging, and labeling psilocybin and in transporting and delivering psilocybin from a cultivation or storage site to a treatment location.

NEW SECTION. Section 10. Psilocybin-assisted therapy treatment locations. (1) Psilocybin-assisted therapy may be provided at a hospital, the office of a member of the psilocybin-assisted therapy treatment team, a ketamine clinic, or the office of a physician licensed pursuant to Title 37, chapter 3, who has completed a 32-hour training program approved by the department and provided by an administrator.

(2) The department shall establish by rule the standards a facility or office must meet to ensure the safety and privacy of registered patients.

(3) The department may conduct scheduled inspections of treatment locations to ensure compliance with the standards.

NEW SECTION. Section 11. Legal protections -- allowable amounts. (1) (a) A registered patient may possess no more than 3.75 grams of psilocybin and may transport psilocybin for no more than 2 days after a treatment session.

(b) An administrator may possess no more than 5 pounds of natural psilocybin.

(c) A person registered to cultivate psilocybin may possess no more than 15 pounds of psilocybin for each psilocybin-assisted therapy treatment team for which the cultivator is growing psilocybin.

(2) A person registered under [sections 1 through 18] may not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board, solely for participating in activities authorized under [sections 1 through 18].

(3) A person's registration pursuant to [sections 1 through 18]:

(a) does not constitute child abuse or neglect without a finding of an actual risk of physical or psychological harm to a child; and

(b) is not cause to restrict parenting time with a child without a finding that the parenting time would endanger the child's health or significantly impair the child's emotional development.

NEW SECTION. Section 12. Prohibited local government actions. A local government may not:

(1) prohibit the cultivation or storage of psilocybin within the local government boundaries if the psilocybin is being grown in accordance with [sections 1 through 18];

(2) prohibit transportation of psilocybin within the local government boundaries; or

(3) prohibit the establishment of psilocybin-assisted therapy treatment locations within the local government boundaries.

NEW SECTION. Section 13. Limitations. The limitations on marijuana consumption, cultivation, possession, delivery, and transportation provided for in 16-12-108 apply to the consumption, cultivation, possession, delivery, and transportation of psilocybin under [sections 1 through 18].

NEW SECTION. Section 14. Unlawful conduct by registrants -- penalties. (1) The department shall revoke and may not reissue the registration of an individual who:

(a) is convicted of a drug offense;

(b) allows another individual to be in possession of the individual's psilocybin; or

(2) A person commits the offense of fraudulent representation of therapeutic use of psilocybin if the person knowingly or purposely fabricates or misrepresents a registration to a law enforcement officer.

(3) A person who violates a provision of [sections 1 through 18] is punishable by a fine not to exceed $500 or by imprisonment in a county jail for a term not to exceed 6 months, or both, unless otherwise provided in [sections 1 through 18] or unless the violation would constitute a violation of Title 45. An offense constituting a violation of Title 45 must be charged and prosecuted pursuant to the provisions of Title 45.

(4) Review of a department action imposing a fine, suspension, or revocation under this section must be conducted as a contested case hearing under the provisions of the Montana Administrative Procedure Act.

NEW SECTION. Section 15. Law enforcement authority. Nothing in [sections 1 through 18] may be construed to limit a law enforcement agency's ability to investigate unlawful activity in relation to a person or individual with a registration issued pursuant to [sections 1 through 18].

NEW SECTION. Section 16. Fees. (1) The department shall establish by rule the fees for individuals and locations registered pursuant to [sections 1 through 18].

(2) An administrator that is cultivating psilocybin for the administrator's treatment team shall pay the fee for a cultivation site.

(3) A member of the psilocybin-assisted therapy treatment team may not be charged a separate registration fee to operate as a plant medicine onboarding provider.

NEW SECTION. Section 17. Rulemaking. The department shall adopt rules to implement [sections 1 through 18], including but not limited to rules related to:

(1) the application process for registration as a patient, psilocybin-assisted therapy treatment team, plant medicine onboarding provider, cultivator, employee, or contractor;

(2) the process to be used for selecting veterans for participation in the pilot project;

(3) the fees for being registered as a patient, psilocybin-assisted therapy treatment team, cultivator, employee, or contractor;

(4) requirements for treatment locations and cultivation and storage sites, including safety and security standards;

(5) procedures for tracking the amount of psilocybin cultivated, packaged, administered, and provided to registered patients;

(6) the records that persons registered pursuant to [sections 6 through 10] must keep and make available to the department for inspection.

NEW SECTION. Section 18. Psilocybin-assisted therapy treatment special revenue account. (1) There is a psilocybin-assisted therapy treatment account in the state special revenue fund established in 17-2-102 to the credit of the department.

(2) Fees and fines collected pursuant to [sections 1 through 18] must be deposited in the account. Interest earned on the account must remain in the account.

(3) Money in the account may be used by the department for implementing and administering the provisions of [sections 1 through 18].

Section 19. Section 7-1-111, MCA, is amended to read:

"7-1-111. Powers denied. A local government unit with self-government powers is prohibited from exercising the following:

(1) any power that applies to or affects any private or civil relationship, except as an incident to the exercise of an independent self-government power;

(2) any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that subject to those provisions, it may exercise any power of a public employer with regard to its employees;

(3) any power that applies to or affects the public school system, except that a local unit may impose an assessment reasonably related to the cost of any service or special benefit provided by the unit and shall exercise any power that it is required by law to exercise regarding the public school system;

(4) any power that prohibits the grant or denial of a certificate of compliance or a certificate of public convenience and necessity pursuant to Title 69, chapter 12;

(5) any power that establishes a rate or price otherwise determined by a state agency;

(6) any power that applies to or affects any determination of the department of environmental quality with regard to any mining plan, permit, or contract;

(7) any power that applies to or affects any determination by the department of environmental quality with regard to a certificate of compliance;

(8) any power that defines as an offense conduct made criminal by state statute, that defines an offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of $500, 6 months' imprisonment, or both, except as specifically authorized by statute;

(9) any power that applies to or affects the right to keep or bear arms;

(10) any power that applies to or affects a public employee's pension or retirement rights as established by state law, except that a local government may establish additional pension or retirement systems;

(11) any power that applies to or affects the standards of professional or occupational competence established pursuant to Title 37 as prerequisites to the carrying on of a profession or occupation;

(12) except as provided in 7-3-1105, 7-3-1222, 7-21-3214, or 7-31-4110, any power that applies to or affects Title 75, chapter 7, part 1, or Title 87;

(13) any power that applies to or affects landlords, as defined in 70-24-103, when that power is intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title 70, chapters 24 and 25. This subsection is not intended to restrict a local government's ability to require landlords to comply with ordinances or provisions that are applicable to all other businesses or residences within the local government's jurisdiction.

(14) subject to 7-32-4304, any power to enact ordinances prohibiting or penalizing vagrancy;

(15) subject to 80-10-110, any power to regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments, except that a local government may enter into a cooperative agreement with the department of agriculture concerning the use and application of commercial fertilizers or soil amendments. This subsection is not intended to prevent or restrict a local government from adopting or implementing zoning regulations or fire codes governing the physical location or siting of fertilizer manufacturing, storage, and sales facilities.

(16) subject to 80-5-136(10), any power to regulate the cultivation, harvesting, production, processing, sale, storage, transportation, distribution, possession, use, and planting of agricultural seeds or vegetable seeds as defined in 80-5-120. This subsection is not intended to prevent or restrict a local government from adopting or implementing zoning regulations or building codes governing the physical location or siting of agricultural or vegetable seed production, processing, storage, sales, marketing, transportation, or distribution facilities.

(17) any power that prohibits the operation of a mobile amateur radio station from a motor vehicle, including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States;

(18) subject to 76-2-240 and 76-2-340, any power that prevents the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States;

(19) any power to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a highway that is under the jurisdiction of an entity other than the local government unit;

(20) any power to enact an ordinance governing the private use of an unmanned aerial vehicle in relation to a wildfire;

(21) any power as prohibited in 7-1-121(2) affecting, applying to, or regulating the use, disposition, sale, prohibitions, fees, charges, or taxes on auxiliary containers, as defined in 7-1-121(5);

(22) any power that provides for fees, taxation, or penalties based on carbon or carbon use in accordance with 7-1-116;

(23) any power to require an employer, other than the local government unit itself, to provide an employee or class of employees with a wage or employment benefit that is not required by state or federal law;

(24) any power to enact an ordinance prohibited in 7-5-103 or a resolution prohibited in 7-5-121 and any power to bring a retributive action against a private business owner as prohibited in 7-5-103(2)(d)(iv) and 7-5-121(2)(c)(iv); or

(25) any power to prohibit the sale of alternative nicotine products or vapor products as provided in 16-11-313(1); or

(26) any power to limit the activities under [sections 1 through 18]."

Section 20. Section 45-9-101, MCA, is amended to read:

"45-9-101. Criminal distribution of dangerous drugs. (1) Except as provided in Title 16, chapter 12, or [sections 1 through 18], a person commits the offense of criminal distribution of dangerous drugs if the person sells, barters, exchanges, gives away, or offers to sell, barter, exchange, or give away any dangerous drug, as defined in 50-32-101.

(2) A person convicted of criminal distribution of dangerous drugs involving giving away or sharing any dangerous drug, as defined in 50-32-101, shall be sentenced as provided in 45-9-102.

(3) A person convicted of criminal distribution of dangerous drugs not otherwise provided for in subsection (1), (2), (4), or (5) shall be imprisoned in the state prison for a term not to exceed 25 years or be fined an amount of not more than $50,000, or both.

(4) A person who was an adult at the time of distribution and who is convicted of criminal distribution of dangerous drugs to a minor shall be sentenced as follows:

(a) For a first offense, the person shall be imprisoned in the state prison for a term not to exceed 40 years and may be fined not more than $50,000.

(b) For a second or subsequent offense, the person shall be imprisoned in the state prison for a term not to exceed life and may be fined not more than $50,000.

(5) If the offense charged results in the death of an individual from the use of any dangerous drug that was distributed, the person shall be imprisoned in the state prison for a term of not more than 100 years and may be fined not more than $100,000.

(6) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section."

Section 21. Section 45-9-102, MCA, is amended to read:

"45-9-102. Criminal possession of dangerous drugs. (1) Except as provided in Title 16, chapter 12, [sections 1 through 18], or 50-32-609, a person commits the offense of criminal possession of dangerous drugs if the person possesses any dangerous drug, as defined in 50-32-101, [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12, or [sections 1 through 18].

(2) A person convicted of criminal possession of dangerous drugs shall be imprisoned in the state prison for a term not to exceed 5 years or be fined an amount not to exceed $5,000, or both.

(3) A person convicted of a first violation under this section is presumed to be entitled to a deferred imposition of sentence of imprisonment.

(4) Ultimate users and practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section."

Section 22. Section 45-9-103, MCA, is amended to read:

"45-9-103. Criminal possession with intent to distribute. (1) Except as provided in Title 16, chapter 12, or [sections 1 through 18], a person commits the offense of criminal possession with intent to distribute if the person possesses with intent to distribute any dangerous drug as defined in 50-32-101 [in an amount] greater than permitted or for which a penalty is not specified under Title 16, chapter 12, or [sections 1 through 18].

(2) A person convicted of criminal possession with intent to distribute shall be imprisoned in the state prison for a term of not more than 20 years or be fined an amount not to exceed $50,000, or both.

(3) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section."

Section 23. Section 45-9-110, MCA, is amended to read:

"45-9-110. Criminal production or manufacture of dangerous drugs. (1) Except as provided in Title 16, chapter 12, or [sections 1 through 18], a person commits the offense of criminal production or manufacture of dangerous drugs if the person knowingly or purposely produces, manufactures, prepares, cultivates, compounds, or processes a dangerous drug, as defined in 50-32-101.

(2) A person convicted of criminal production or manufacture of dangerous drugs, as defined in 50-32-101, shall be imprisoned in the state prison for a term of not more than 25 years and may be fined an amount not to exceed $50,000.

(3) A person convicted of production of marijuana or tetrahydrocannabinol in an amount greater than permitted or for which a penalty is not specified under Title 16, chapter 12, or manufacture without the appropriate license pursuant to Title 16, chapter 12, shall be imprisoned in the state prison for a term of not more than 5 years and may be fined an amount not to exceed $5,000, except that if the total weight is more than a pound or the number of plants is more than 30, the person shall be imprisoned in the state prison for a term of not more than 25 years and may be fined an amount not to exceed $50,000. "Weight" means the weight of the dry plant and includes the leaves and stem structure but does not include the root structure.

(4) Practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice are exempt from this section."

Section 24. Section 45-9-127, MCA, is amended to read:

"45-9-127. Carrying dangerous drugs on train -- penalty. (1) Except as provided in Title 16, chapter 12, or [sections 1 through 18], a person commits the offense of carrying dangerous drugs on a train in this state if the person is knowingly or purposely in criminal possession of a dangerous drug and boards any train.

(2) A person convicted of carrying dangerous drugs on a train in this state is subject to the penalties provided in 45-9-102."

Section 25. Section 45-10-107, MCA, is amended to read:

"45-10-107. Exemptions. The provisions of this part do not apply to:

(1) practitioners, as defined in 50-32-101, and agents under their supervision acting in the course of a professional practice;

(2) persons acting in compliance with Title 16, chapter 12, or [sections 1 through 18]; or

(3) persons acting as employees or volunteers of an organization, including a nonprofit community-based organization, local health department, or tribal health department, that provides needle and syringe exchange services to prevent and reduce the transmission of communicable diseases."

NEW SECTION. Section 26. Codification instruction. [Sections 1 through 18] are intended to be codified as a new part of Title 10, chapter 2, and the provisions of Title 10, chapter 2, apply to [sections 1 through 18].

NEW SECTION. Section 27. Effective date. [This act] is effective July 1, 2023.

NEW SECTION. Section 28. Termination. [Sections 1 through 18] terminate June 30, 2029.