Montana Code Annotated 2023



Part 3. Local Government and Law Enforcement Authority

Enforcement -- Ordinances -- Investigations -- Injunctions -- Violation

16-12-305. Enforcement -- ordinances -- investigations -- injunctions -- violation. (1) A local government may, by ordinance or otherwise, impose regulations regarding products under 16-12-117(1) and (3).

(2) The department of agriculture, the department of justice, the department of public health and human services, local sheriff departments, municipal police departments, a county attorney's office, and the department of revenue may inspect any business to investigate unlawful activity under 16-12-117(1).

(3) (a) If an investigation results in reasonable cause to believe that a violation of 16-12-117 occurred, the investigating agency may issue a cease and desist order to be served pursuant to Rule 4, M.R.Civ.P. The order is effective upon service. Proof of service constitutes notice to the person of the existence and contents of the order.

(b) The investigating agency may assess a penalty of not more than $1,000 per day for each day a cease and desist order issued under this section is violated. Fifty percent of the penalty must be deposited into the healing and ending addiction through recovery and treatment account under 16-12-122, and the remainder must be deposited in the marijuana state special revenue account under 16-12-111.

(4) (a) The investigating agency may institute and maintain in the name of the state an action for injunction or another civil remedy in district court to enforce a cease and desist order under this section. Proof of inadequacy of a legal remedy or proof of substantial or irreparable damage from continued violation is not required. It is sufficient to charge that the person engaged in the unlawful conduct subject to 16-12-117 on a certain day in a certain county without averring further or more particular facts concerning the violation.

(b) The department is entitled to its costs, including the costs of investigation and attorney fees, incurred in seeking a district court order under this section.

(c) A person who knowingly or purposely violates a district court injunction under this section is guilty of a felony and subject to the penalties set forth in 46-18-213.

(5) An officer, agent, partner, or member of a business entity who knowingly and personally participates in a violation of this section is subject to the penalties prescribed in this section.

(6) The remedies provided for in this section are in addition to and do not limit the remedies and actions otherwise permitted or required by law.

(7) A violation of 16-12-117(1) may be enforced under:

(a) criminal distribution of dangerous drugs as defined in 45-9-101;

(b) criminal possession of dangerous drugs as defined in 45-9-102; or

(c) criminal production or manufacture of dangerous drugs as defined in 45-9-110.

History: En. Sec. 2, Ch. 746, L. 2023.