37.107.118 MARIJUANA AND MARIJUANA-INFUSED PRODUCTS PROVIDER LICENSEE REQUIREMENTS
(1) A licensee must clearly identify, with conspicuous signage, all limited access areas at a registered premises.
(2) Licensees must ensure that licensee's employees wear a department-issued identification badge in a clearly visible manner on the outermost layer of clothing while working on behalf of the licensee.
(3) A licensee must maintain a daily log of all visitor activity on a registered premises. The log must contain the visitor's first and last name and date of visit.
(4) Visitors must be accompanied by a licensee or licensee employee at all times.
(5) A licensee must post signs inside the registered premises in a conspicuous location that read:
(a) "No Minors Permitted on This Premises Except When Accompanied By An Adult"; and
(b) "No On-Site Consumption of Marijuana Except by Registered Cardholders".
(6) The following provisions apply to a licensee's canopy space:
(a) canopy is measured horizontally starting from the outermost point of a plant on the perimeter of a dedicated growing space and continuing around the outside of all plants located within the dedicated growing space;
(b) a licensee may designate multiple cultivation areas at a registered premises but each cultivation area must be separated by a physical boundary such as an interior wall or by at least eight feet of open space;
(c) total canopy includes any cultivation sites that are only operational seasonally, such as outdoor cultivation sites during summer months; and
(d) a licensee must not exceed the total canopy allowed by the department for cultivation of marijuana.
(e) Beginning January 1, 2020, the department will convert existing businesses into a canopy license and assign a canopy tier in accordance with 50-46-344(2), MCA.
(f) The department will use the following criteria to assign a canopy tier to each provider:
(i) a provider's cumulative total square feet of cultivation space at all registered cultivation premises calculated by the department at a provider's most recent 2019 inspection; and
(ii) the provider's number of registered cultivation premises as of the most recent 2019 inspection.
(iii) Providers licensed prior to January 1, 2020, without prior canopy measurements will be assigned a tier based on the canopy allowed under previous rules of 30 square feet per registered cardholder who have named them as provider.
(7) A licensee is responsible for the security of all marijuana items on a registered premises, during transit, and under the supervision of any licensee or licensee employee until the marijuana item is sold.
(8) A licensee must have a written security plan maintained on the registered premises that safeguards against theft, diversion, or tampering of marijuana items both on the registered premises and during transit.
(9) Commercial grade, nonresidential door locks must be installed on every external door and gate of a registered premises.
(10) A registered premises must meet minimum sanitary requirements, including:
(a) hand-washing facilities;
(b) proper and timely removal of all litter and waste; and
(c) toilet facilities that are maintained in a sanitary condition and good repair.
(11) A licensee must establish written standard operating procedures to produce marijuana. The licensee must maintain those procedures on the registered premises and make them available for department inspection at all times. The standard operating procedures must include:
(a) when and how all pesticides or other chemicals are to be applied during the production process;
(b) water usage and waste water disposal;
(c) the waste disposal plan; and
(d) any other written procedures as required by the department.
(12) If a licensee makes a material change to its standard operating procedures it must document the change and revise its standard operating procedures accordingly.
(13) A licensee must use a licensed weighing device pursuant to 30-12-203, MCA and ARM 24.351.101 whenever marijuana items are:
(a) packaged for sale by weight;
(b) bought and sold by weight; and
(c) weighed for entry into the state seed-to-sale tracking system.
(14) A licensee must maintain the following records in either paper or electronic form on the registered premises for at least three years:
(a) financial records that clearly reflect all financial transactions; and
(b) all licensee employee training and payroll records.
(15) A licensee must establish written emergency procedures to be followed in case of a fire, chemical spill, or other emergency at all registered premises.
(16) In addition to other records required by these rules, a licensee must maintain on the registered premises:
(a) the material safety data sheet for all pesticides, fertilizers, or other agricultural chemicals used in the production of marijuana;
(b) the original label or a copy thereof for all pesticides, fertilizers, or other agricultural chemicals used in the production of marijuana; and
(c) a log of all pesticides, fertilizers, or other agricultural chemicals used in the production of marijuana.
(17) The licensee must maintain documentation that demonstrates compliance with all local jurisdiction requirements, including but not limited to licensing, fire, health, and safety. The licensee must keep this documentation at the registered premises and make it readily available for department inspection.
(18) A licensee may not:
(a) give marijuana items as a prize, premium or consideration for a lottery, contest, game of chance or game of skill, or competition of any kind;
(b) sell or transfer any marijuana item through a drive-up window;
(c) treat or otherwise alter usable marijuana, consisting of dried leaves and flowers, with the intent of altering the color, appearance, weight, or smell; or
(d) sell more than the daily or monthly purchase limit of usable marijuana to a cardholder.
(19) A licensee may not cultivate hemp or engage in hemp manufacturing at a registered premises.
(a) A licensee's marijuana or marijuana product that contains low levels of THC remains marijuana that must be tracked in the state's seed-to-sale program.
(20) A licensee may not sell hemp flower as defined by 80-18-101, MCA.
(21) A licensee may only sell hemp cannabidiol (CBD) products sourced from hemp produced and sold by a producer who is licensed by a state or tribe with a USDA-approved hemp production plan.
History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-312, 50-46-319, 50-46-326, 50-46-328, 50-46-329, 50-46-330, MCA; NEW, 2018 MAR p. 592, Eff. 4/10/18; AMD, 2018 MAR p. 1968, Eff. 10/6/18; AMD, 2020 MAR p. 914, Eff. 5/16/20.