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Rule Title: DEFINITIONS
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: MARIJUANA REGISTRY
Subchapter: General Requirements
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.107.110    DEFINITIONS

(1) "Applicant" means a person applying to become a provider, marijuana-infused products provider (MIPP), or registered cardholder.

(2) "Authorized employee" means:

(a) an employee of the department who has received written authorization from the Department of Public Health and Human Services director or the director's designee to obtain individual names and other identifying information from the marijuana registry;

(b) an employee of a state or local law enforcement agency who is authorized to obtain marijuana registry information through the Montana Criminal Justice Information Network (CJIN)/marijuana registry interface; or

(c) an employee of a state or local government agency, including a state or local law enforcement agency, who has received authorization to obtain marijuana registry information.

(3) "Batch" means:

(a) a quantity of usable marijuana from a harvest lot; or

(b) a quantity of cannabinoid concentrate or extract or cannabinoid product from a process lot.

(4) "CBD" means cannabidiol.

(5) "CBDA" means cannabidiolic acid.

(6) "Child resistant" means designed or constructed to be significantly difficult for children under five years of age to open and not difficult for adults to use properly. The standard for child-resistant packaging is set by the federal consumer product safety commission (CPSC) and the testing procedures found in 16 CFR 1700.20 (2012).

(7) "Cultivate" means to grow, propagate, clone, or harvest marijuana for use by registered cardholders.

(8) "Department" means the Department of Public Health and Human Services.

(9) "Exit package" means a sealed container or package provided at the retail point of sale, in which any marijuana item already within a container is placed.

(10) "Fee" means the mandatory fees required by the department.

(11) "Financial interest" means any interest or ownership in the business or entity.

(12) "Fingerprint card" means an FD-258 fingerprint card utilized to facilitate a Federal Bureau of Investigation (FBI) fingerprint and background check.

(13) "Food-Grade" means the processing and packaging has been done with clean equipment and can be safely eaten.

(14) "Harvest lot" means a specifically identified quantity of marijuana that is cultivated utilizing the same growing practices, harvested within a 72 hour period at the same location, and cured under uniform conditions. A harvest lot may contain multiple strains.

(15) "ISO" means International Organization for Standardization.

(16) "Landlord permission form" means a completed, signed, and notarized form which gives a registered cardholder, applicant, or licensee who is renting or leasing the property where marijuana will be cultivated and manufactured for medical purposes, permission to do so, by the property owner. The form must be provided by the department.

(17) "Licensee" means any person licensed by the department.

(18) "Limited access area" means a building, room, or other contiguous area upon the registered premises where marijuana is grown, cultivated, stored, weighed, packaged, sold, or processed for sale, under the control of the licensee.

(19) "Manufacture" means the act of preparing and processing usable marijuana into a marijuana-infused product. A marijuana-infused product must be labeled as to indicate that it contains marijuana.

(20) "Marijuana items" means:

(a) marijuana;

(b) usable marijuana;

(c) dried leaves and flowers of the marijuana plant;

(d) marijuana derivatives, concentrates, extracts, resins, infused products, edible products, ointments, tinctures, suppositories, topicals; and

(e) other marijuana-related products.

(21) "Physician statement" means a written statement by a Montana licensed physician on department forms certifying the registered cardholder applicant's debilitating condition. Physician statement forms include:

(a) Physician Statement for Debilitating Condition; or

(b) Physician Statement for Minors.

(22) "Process lot" means:

(a) any amount of cannabinoid concentrate or extract of the same type and processed at the same time using the same extraction methods, standard operating procedures, and test batches from the same or different harvest lots; or

(b) any amount of cannabinoid products of the same type and processed at the same time using the same ingredients, standard operating procedures, and test batches from the same or different harvest lots or process lots of cannabinoid concentrate or extract.

(23) "Proof of residency" means a readable photocopy of a current Montana driver's license or Montana state-issued identification card.

(24) "Registered premises" means the premises specified in an application for a license that is owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, dispense, store, transport, or test medical marijuana.

(25) "Registry" means the department's confidential record identifying registered cardholders.

(26) "Test Batch" means a portion of a harvest or process lot that has been submitted for quality assurance testing.

(27) "THC" means tetrahydrocannabinol.

(28) "THCA" means tetrahydrocannabinolic acid.

 

History: 50-46-344, MCA; IMP, 50-46-303, 50-46-307, 50-46-308, 50-46-310, 50-46-318, 50-46-344, MCA; NEW, 2011 MAR p. 2047, Eff. 9/23/11; AMD, 2018 MAR p. 321, Eff. 4/10/18.


 

 
MAR Notices Effective From Effective To History Notes
37-820 4/10/2018 Current History: 50-46-344, MCA; IMP, 50-46-303, 50-46-307, 50-46-308, 50-46-310, 50-46-318, 50-46-344, MCA; NEW, 2011 MAR p. 2047, Eff. 9/23/11; AMD, 2018 MAR p. 321, Eff. 4/10/18.
37-554 9/23/2011 4/10/2018 History: 50-46-344, MCA; IMP, 50-46-303, 50-46-307, 50-46-308, 50-46-310, 50-46-318, 50-46-344, MCA; NEW, 2011 MAR p. 2047, Eff. 9/23/11.
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