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37.107.127    INVALIDATION OR REVOCATION OF REGISTRY IDENTIFICATION CARDS

(1) A registry card for a registered cardholder can be revoked for the following reasons:

(a) the registered cardholder no longer has a debilitating medical condition;

(b) the written recommendation has been rescinded by the physician;

(c) the registrant is now in the custody of, or under the supervision of, the DOC or a youth court;

(d) the registered cardholder fails to report to the department within ten business days a change:

(i) in name;

(ii) in street, mailing, or physical address;

(iii) in physician;

(iv) in provider/MIPP; or

(v) concerning the debilitating medical condition.

(e) a landlord revokes their permission in writing and a change request form, with a new physical address, is not received within ten business days of the receipt of the revocation;

(f) a registered cardholder is found to be in violation of 50-46-330, MCA or 50-46-331, MCA; or

(g) mail sent to the registered cardholder by the department is returned, undeliverable by the United States Postal Service (USPS), and no change of address is submitted within twenty business days after the day the mail is returned to the department.

(2) In addition to the criteria stated in 50-46-308,MCA the department will revoke an active provider/MIPP registry identification card if the department determines that the provider/MIPP has violated the provisions of the Montana Marijuana Act in the following ways:

(a) the provider/MIPP pleads guilty to, or is convicted of, any offense related to driving under the influence of alcohol or drugs;

(i) a registry card revocation under this circumstance must be for the period of suspension or revocation of the individual's driver's license as set forth in 61-5-208 and 61-8-410, MCA. If a provider/MIPP registry card is due to be renewed during a period of driver's license revocation, it may not be renewed by the department until the term of the driver's license revocation has elapsed.

(b) fails to report to the department a change in name or address within ten business days of the change;

(c) a provider/MIPP whose registry identification was issued under Section 35, Ch. 419, L. 2011 fails to submit fingerprints and pass a fingerprint background check by October 1, 2011;

(d) the results of a fingerprint background check conducted after issuance of the registry card show that the person is ineligible for the card pursuant to 50-46-308, MCA;

(e) the provider/MIPP is no longer named by any registered cardholder on their application or change request form; or

(f) mail sent to the provider/MIPP by the department is returned, undeliverable by the USPS, and no change of address is submitted within 20 business days after the day the mail is returned to the department.

(3) A registration card is not valid if the card has been altered or mutilated. A photocopy of the registry card is not valid.

(4) If a provider/MIPP registry card is revoked for any reason, the department will notify the provider/MIPP and the registered cardholder in writing and advise the registered cardholder that the provider/MIPP can no longer assist them.

History: 50-46-344, MCA; IMP, Section 35, Ch. 419, L. 2011, 50-46-303, 50-46-308, 50-46-320, 50-46-344, 45-9-203, 61-11-101, MCA; NEW, 2011 MAR p. 2047, Eff. 9/23/11.

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