Montana Medical Marijuana Laws

Explore some of The Montana Medical Marijuana Laws

 

FULL TEXT OF THE MONTANA MEDICAL MARIJUANA ACT SB423

On June 1, 2011, Senate Bill 423 rolled out noteworthy improvements to Montana’s current medical marijuana law. Perused the full content of SB423 here. Then again, on June 30, 2011 the Montana courts put an impermanent order on numerous components of the bill. The MTCIA is right now dealing with sufficiently getting marks to boycott the bill altogether.

Activity NO. 148

Area 1. Short title. [Sections 1 through 9] may be refered to as the “Medicinal Marijuana Act”.

Area 2. Definitions. As utilized as a part of [sections 1 through 9], the accompanying definitions apply:

(1) “Weakening medicinal condition” implies: (a) tumor, glaucoma, or positive status for human immunodeficiency infection, AIDS, or the treatment of these conditions; (b) an endless or crippling sickness or medical condition or its treatment that delivers one or a greater amount of the accompanying:

(i) cachexia or squandering syndrome;(ii) extreme or constant pain;(iii) serious nausea;(iv) seizures, including however not restricted to seizures brought about by epilepsy; or(v) serious or relentless muscle fits, including yet not constrained to fits created by various sclerosis or Crohn’s illness; or (c) some other medicinal condition or treatment for a medical condition embraced by the division by guideline.

(2) “Division” implies the bureau of general wellbeing and human administrations. (3) “Marijuana” has the significance given in 50-32-101. (4) “Medical utilization” implies the procurement, ownership, development, assembling, utilization, conveyance, exchange, or transportation of marijuana or gear identifying with the utilization of cannabis to allay the manifestations or impacts of a qualifying quiet’s crippling medicinal condition. (5) “Doctor” implies a man who is authorized under Title 37, part 3. (6) (a) “Guardian” implies an individual, 18 years old or more established who has consented to embrace obligation regarding dealing with the prosperity of a man as for the medical utilization of cannabis. A qualifying patient may have one and only parental figure at any one time.

(b) The term does exclude the qualifying understanding’s doctor. (7) “Qualifying patient” means a man who has been analyzed by a doctor as having an incapacitating medical condition. (8) “Registry distinguishing proof card” implies a record issued by the office that recognizes a man as a qualifying patient or parental figure. (9) (a) “Usable cannabis” implies the dried leaves and blooms of marijuana and any blend or readiness of marijuana.

(b) The term does exclude the seeds, stalks, and foundations of the plant. (10) “Composed confirmation” implies a qualifying persistent’s medical records or an announcement marked by a doctor expressing that in the doctor’s proficient supposition, in the wake of having finished a full evaluation of the qualifying understanding’s medical history and current medicinal condition made throughout a true blue doctor quiet relationship, the qualifying patient has a crippling medical condition and the cannabisential advantages of the medical utilization of marijuana would likely exceed the wellbeing dangers for the qualifying patient.

Segment 3. Methods – minors – classifiedness – report to lawmaking body. (1) The division should set up and keep up a programfor the issuance of registry distinguishing proof cards to persons who meet the necessities of [sections 1 through 9].(2) Except as gave in subsection (3), the office might issue a registry ID card to a qualifying patient who presents the accompanying, inaccordance with office rules:

(a) composed affirmation that the individual is a qualifying patient;(b) an application or recharging fee;(c) the name, address, and date of conception of the qualifying patient;(d) the name, address, and phone number of the qualifying understanding’s doctor; and(e) the name, address, and date of conception of the qualifying persistent’s guardian, if any.

(3) The office should issue a registry ID card to a minor if the materials needed under subsection (2) are submitted and the custodial guardian or lawful watchman with obligation regarding human services choices for the minor signs and presents a composed explanation that: (a) the minor’s doctor has disclosed to that minor and to the custodial guardian or lawful gatekeeper with obligation regarding social insurance choices for the minor the cannabisential dangers and advantages of the medical utilization of marijuana; and (b) the custodial guardian or lawful watchman with obligation regarding medicinal services choices for the minor:

(i) agrees to the medical utilization of cannabis by the minor;(ii) consents to serve as the minor’s guardian; and(iii) consents to control the securing of cannabis and the dose and recurrence of the medicinal utilization of cannabis by the minor.

(4) The division should issue a registry recognizable proof card to the parental figure who is named in a qualifying understanding’s endorsed application if the caregiversigns an announcement consenting to give cannabis just to qualifying patients who have named the candidate as guardian. The division may not issue aregistry distinguishing proof card to a proposed parental figure who has beforehand been declared guilty a crime drug offense. A parental figure may get reasonablecompensation for administrations furnished to help with a qualifying tolerant’s medicinal utilization of marijuana.(5) (a) The office might check the data contained in an application or restoration submitted in accordance with this area and should affirm or deny anapplication or reestablishment inside of 15 days of receipt of the application or recharging. (b) The division may deny an application or reestablishment just if the candidate did not give the data obliged according to this area, the office confirms that the data was distorted, or the candidate is not qualified to get a registry distinguishing proof card under the procurements of [sections 1 through 9]. Dismissal of an application or reestablishment is viewed as a last office activity, subject to legal survey.

(6) The division should issue a registry recognizable proof card inside of 5 days of favoring an application or reestablishment. Registry distinguishing proof cards lapse 1 year after the date of issuance. Registry ID cards must express: (a) the name, address, and date of conception of the qualifying patient; (b) the name, address, and date of conception of the qualifying tolerant’s parental figure, if any; (c) the date of issuance and termination date of the registry ID card; and (d) other data that the office may determine by standard.

(7) A man who has been a registry ID card should advise the bureau of any adjustment in the qualifying understanding’s name, address,physician, or parental figure or change in status of the qualifying persistent’s crippling medicinal condition inside of 10 days of the change. On the off chance that a change happens and isnot answered to the division, the registry recognizable proof card is void.(8) The office should keep up a classified rundown of the persons to whom the office has issued registry distinguishing proof cards. Individual names andother distinguishing data on the rundown must be secret and are not subject to exposure, but to: (an) approved representatives of the office as important to perform official obligations of the division; or(b) approved workers of state or neighborhood law implementation offices, just as important to check that a man is a legal owner of a registryidentification card.

(9) The office should report yearly to the council the quantity of utilizations for registry distinguishing proof cards, the quantity of qualifying patientsand parental figures endorsed, the nature of the incapacitating medical states of the qualifying patients, the quantity of registry recognizable proof cards revoked,and the quantity of doctors giving composed accreditation to qualifying patients. The office may not give any recognizing data ofqualifying patients, parental figures, or doctors.

Segment 4. Medical utilization of marijuana – legitimate insurances – limits on sum – assumption of medicinal utilization. (1) A qualifyingpatient or parental figure who has a registry distinguishing proof card issued in accordance with [section 3] may not be captured, arraigned, or punished in any manner,or be denied any privilege or benefit, including however not constrained to common punishment or disciplinary activity by an expert permitting board or the office oflabor and industry, for the medical utilization of marijuana or for helping with the medicinal utilization of marijuana if the qualifying patient or guardian possessesmarijuana not in abundance of the sums permitted in subsection

(2).(2) A qualifying patient and that qualifying understanding’s parental figure may not has more than six cannabis plants and 1 ounce of usable cannabis each.

(3) (an) A qualifying patient or parental figure is attempted to be occupied with the medical utilization of cannabis if the qualifying patient or guardian: (i) is in control of a registry ID card; and (ii) is in control of a measure of marijuana that does not surpass the sum allowed under subsection (2). (b) The assumption may be disproved by confirmation that the ownership of cannabis was not with the end goal of lightening the indications or impacts of a qualifying quiet’s weakening medical condition.

(4) A doctor may not be captured, indicted, or punished in any way, or be denied any privilege or benefit, including yet not constrained to common punishment or disciplinary activity by the leading body of medicinal analysts or the bureau of work and industry, for giving composed affirmation to the medical utilization of cannabis to qualifying patients.

(5) An enthusiasm for or right to property that is controlled, possessed, or utilized as a part of association with the medicinal utilization of marijuana or acts coincidental to medical utilization may not be relinquished under any procurement of law accommodating the relinquishment of property other than as a sentence forced after conviction of a criminal offense. (6) A man may not be liable to capture or arraignment for productive ownership, scheme, as gave in 45-4-102, or different procurements of law or whatever other offense for basically being in the vicinity or region of the medical utilization of cannabis as allowed under [sections 1 through 9]. (7) Possession of or application for a registry ID card does not the only one constitute reasonable justification to seek the individual or property of the individual having or applying for the registry ID card or generally subject the individual or property of the individual having or applying for the card to review by any legislative office, including a law requirement office. (8) A registry distinguishing proof card or its equal issued by another state government to allow the medicinal utilization of marijuana by a qualifying patient or to allow a man to help with a qualifying tolerant’s medical utilization of cannabis has the same drive and impact as a registry ID card issued by the office.

Segment 5. Revelation of private data identifying with medical utilization of cannabis – punishment. (1) A man, including anemployee or authority of the office or other state or neighborhood government office, submits the offense of divulgence of secret data relating tomedical utilization of cannabis if the individual intentionally or deliberately unveils classified data disregarding [section 3].(2) A man declared guilty exposure of private data identifying with medicinal utilization of marijuana might be fined not to surpass $1,000 or be imprisonedin the province correctional facility for a term not to surpass 6 months, or both.

Area 6. Confinements of medical cannabis act. (1) [Sections 1 through 9] don’t allow: (an) any individual to work, explore, or be in real physical control of any engine vehicle, air ship, or speedboat while affected by marijuana; or (b) the smoking of cannabis:

(i) in a school transport or other type of open transportation;(ii) on any school grounds;(iii) in any medical office; or(iv) at any open park, open shoreline, open entertainment focus, or youth focus.

(2) Nothing in [sections 1 through 9] may be interpreted to oblige: (an) an administration medicinal help system or private wellbeing back up plan to repay a man for expenses connected with the medical utilization of marijuana; or (b) a manager to suit the medical utilization of marijuana in any working environment.

Area 7. Confirmed barrier. But as gave in [section 6], it is a positive protection to any criminal offense involvingmarijuana that the individual accused of the offense:(1)(a) has a doctor who states that or has medicinal records that demonstrate that, in the doctor’s proficient conclusion, subsequent to having finished a fullassessment of the individual’s medical history and current medical condition made throughout a real doctor understanding relationship, the cannabisentialbenefits of medicinal marijuana would likely exceed the wellbeing dangers for the individual; or

(b) gives cannabis to a man portrayed in subsection (an) if the individual does not give marijuana to anybody to uses that are not medical; (2) is occupied with the securing, ownership, development, production, use, conveyance, exchange, or transportation of marijuana or stuff identifying with the utilization of cannabis to allay the side effects or impacts of the medical state of the individual recognized in subsection (1)(a); and (3) has marijuana just in a sum that is sensibly important to guarantee the continuous accessibility of marijuana with the end goal of mitigating the side effects or impacts of the medicinal state of the individual distinguished in subsection (1)(a).

Segment 8. False representation of medical utilization of cannabis – punishment. (1) A man submits the offense of fraudulentrepresentation of medicinal utilization of marijuana if the individual intentionally or deliberately manufactures or distorts a registry distinguishing proof card to a lawenforcement officer.(2) A man indicted fake representation of medical utilization of cannabis should be fined not to surpass $1,000 or be detained in the province correctional facility fora term not to surpass 6 months, or both.

Segment 9. Rulemaking – charges. The division should embrace rules important for the execution and organization of [sections 1 through 9]. The tenets must address the way in which the division will consider application for and reestablishments of registry distinguishing proof cards for qualifying patients and guardians. The office’s standards must set up application and restoration charges that create income adequate to balance all costs of actualizing and regulating [sections 1 through 9]. The division may shift the application and reestablishment charges along a sliding scale that records for a qualifying quiet’s wage.

Area 10. Area 37-1-136, MCA, is corrected to peruse:

“37-1-136. Disciplinary power of sheets – directives. (1) Subject to 37-1-138, every authorizing board designated to the division has the power, notwithstanding whatever other punishment or disciplinary activity gave by law, to embrace principles indicating reason for disciplinary activity and standards accommodating:

(a) denial of a permit;

(b) suspension of its judgment of denial on terms and conditions controlled by the board;

(c) suspension of the privilege to hone for a period not surpassing 1 year;

(d) putting a licensee on post trial supervision;

(e) reprove or rebuke of a licensee; or

(f) making whatever other move in connection to training a licensee as the board in its watchfulness considers fitting.

(2) Any disciplinary activity by a board might be directed as a challenged case hearing under the procurements of the Montana Administrative Procedure Act.

(3) Notwithstanding whatever other procurement of law, a board may keep up an activity to charge a man from participating in the act of the occupation or calling managed by the board until a permit to practice is secured. A man who has been urged and who disregards the directive is culpable for scorn of court.

(4) A move may not be made against a man who is in agreeability with [sections 1 through 9].”

Segment 11. Segment 45-9-101, MCA, is corrected to peruse:

“45-9-101. Criminal appropriation of hazardous medications. (1) An Except as gave in [sections 1 through 9], a man carries out the offense of criminal dispersion of risky medications if the individual offers, bargains, trades, gives away, or offers to offer, deal, trade, or give away any perilous medication, as characterized in 50-32-101.

(2) A man indicted criminal dispersion of an opiate drug, as characterized in 50-32-101(18)(

on the other hand a sedative, as characterized in 50-32-101(19), should be detained in the state jail for a term of at least 2 years or more than life and may be fined not more than $50,000, with the exception of as gave in 46-18-222.

(3) A man sentenced criminal conveyance of an unsafe medication included in Schedule I or Schedule II according to 50-32-222 or 50-32-224, aside from cannabis or tetrahydrocannabinol, who has an earlier conviction for criminal circulation of such a medication should be detained in the state jail for a term of at least 10 years or more than life and may be fined not more than $50,000, with the exception of as gave in 46-18-222. Upon a third or ensuing conviction for criminal appropriation of such a medication, the individual might be detained in the state jail for a term of at least 20 years or more than life and may be fined not more than $50,000, aside from as gave in 46-18-222.

(4) A man declared guilty criminal circulation of unsafe medications not generally accommodated in subsection (2), (3), or (5) might be detained in the state jail for a term of at the very least 1 year or more than life or be fined a measure of not more than $50,000, or both.

(5) A man who was a grown-up at the season of dispersion and who is indicted criminal dissemination of risky medications to a minor might be sentenced as takes after:

(an) If sentenced compliant with subsection (2), the individual should be detained in the state jail for at least 4 years or more than life and may be fined not more than $50,000, aside from as gave in 46-18-222.

(b) If declared guilty the dissemination of a perilous medication included in Schedule I or Schedule II as per 50-32-222 or 50-32-224 and if beforehand sentenced such a dispersion, the individual should be detained in the state jail for at least 20 years or more than life and may be fined not more than $50,000, aside from as gave in 46-18-222.

(c) If declared guilty the circulation of a risky medication included in Schedule I or Schedule II according to 50-32-222 or 50-32-224 and if beforehand sentenced two or all the more such dispersions, the individual might be detained in the state jail for at the very least 40 years or more than life and may be fined not more than $50,000, with the exception of as gave in 46-18-222.

(d) If indicted as per subsection (4), the individual might be detained in the state jail for at the very least 2 years or more than life and may be fined not more than $50,000, aside from as gave in 46-18-222.

(6) Practitioners, as characterized in 50-32-101, and specialists under their watch acting over the span of an expert practice are excluded from this area.”

Segment 12. Segment 45-9-102, MCA, is changed to peruse:

“45-9-102. Criminal ownership of perilous medications. (1) An Except as gave in [sections 1 through 9], a man carries out the offense of criminal ownership of hazardous medications if the individual has any unsafe medication, as characterized in 50-32-101.

(2) A man indicted criminal ownership of cannabis or its subordinates in a sum the total weight of which does not surpass 60 grams of marijuana or 1 gram of hashish is, for the first offense, liable of a wrongdoing and might be rebuffed by a fine of at the very least $100 or more than $500 and by detainment in the province correctional facility for not over 6 months. The base fine must be forced as a state of a suspended or conceded sentence. A man declared guilty a second or consequent offense under this subsection is deserving of a fine not to surpass $1,000 or by detainment in the area correctional facility for a term not to surpass 1 year or in the state jail for a term not to surpass 3 years or by both.

(3) A man declared guilty criminal ownership of an anabolic steroid as recorded in 50-32-226 seems to be, for the first offense, liable of a wrongdoing and should be rebuffed by a fine of at the very least $100 or more than $500 or by detainment in the province correctional facility for not over 6 months, or both.

 

(4) A man declared guilty criminal ownership of a sedative, as characterized in 50-32-101(19), might be detained in the state jail for a term of at the very least 2 years or over 5 years and may be fined not more than $50,000, with the exception of as gave in 46-18-222.

(5) A man declared guilty criminal ownership of perilous medications not generally accommodated in subsection (2), (3), or (4) might be detained in the state jail for a term not to surpass 5 years or be fined a sum not to surpass $50,000, or both.

(6) A man declared guilty a first infringement under this segment is dared to be qualified for a conceded burden of sentence of detainment.

(7) Ultimate clients and experts, as characterized in 50-32-101, and specialists under their watch acting over the span of an expert practice are excluded from this area.”

Area 13. Area 45-9-103, MCA, is altered to peruse: “45-9-103. Criminal ownership with plan to appropriate. (1) An Except as gave in [sections 1 through 9], a man perpetrates the offense of criminal ownership with goal to appropriate if the individual has with aim to circulate any hazardous medication as characterized in 50-32-101.

(2) A man declared guilty criminal ownership of a sedative, as characterized in 50-32-101(19), with goal to circulate should be detained in the state jail for a term of at least 2 years or over 20 years and may be fined not more than $50,000, aside from as gave in 46-18-222.

(3) A man sentenced criminal ownership with aim to convey not generally accommodated in subsection (2) should be detained in the state jail for a term of not over 20 years or be fined a sum not to surpass $50,000, or both.

(4) Practitioners, as characterized in 50-32-101, and specialists under their watch acting over the span of an expert practice are excluded from this area.”

Segment 14. Segment 45-9-110, MCA, is changed to peruse:

“45-9-110. Criminal generation or production of unsafe medications. (1) An Except as gave in [sections 1 through 9], a man perpetrates the offense of criminal generation or assembling of risky medications if the individual intentionally or deliberately creates, makes, gets ready, develops, mixes, or forms a hazardous medication, as characterized in 50-32-101.

(2) A man sentenced criminal creation or production of an opiate drug, as characterized in 50-32-101(18)(d), or a sedative, as characterized in 50-32-101(19), should be detained in the state jail for a term of at the very least 5 years or more than life and may be fined not more than $50,000, aside from as gave in 46-18-222.

(3) A man sentenced criminal generation or assembling of a risky medication included in Schedule I of 50-32-222 or Schedule II of 50-32-224, with the exception of marijuana or tetrahydrocannabinol, who has an earlier conviction that has gotten to be last for criminal creation or production of a Schedule I or Schedule II drug should be detained in the state jail for a term of at the very least 20 years or more than life and may be fined not more than $50,000, aside from as gave in 46-18-222. Upon a third or resulting conviction that has gotten to be last for criminal creation or production of a Schedule I or Schedule II drug, the individual might be detained in the state jail for a term of at the very least 40 years or more than life and may be fined not more than $50,000, with the exception of as gave in 46-18-222.

(4) A man declared guilty criminal creation or assembling of cannabis, tetrahydrocannabinol, or a hazardous medication not alluded to in subsections (2) and (3) should be detained in the state jail for a term not to surpass 10 years and may be fined not more than $50,000, aside from that if the unsafe medication is marijuana and the aggregate weight is more than a pound or the quantity of plants is more than 30, the individual might be detained in the state jail for at the very least 2 years or more than life and may be fined not more than $50,000. “Weight” implies the heaviness of the dry plant and incorporates the leaves and stem structure yet does exclude the root structure. A man sentenced under this subsection who has an earlier conviction that has gotten to be last for criminal generation or assembling of a medication under this subsection might be detained in the state jail for a term not to surpass twice that approved for a first offense under this subsection and may be fined not more than $100,000.

(5) Practitioners, as characterized in 50-32-101, and specialists under their watch acting over the span of an expert practice are excluded from this segment.”

Area 15. Segment 45-9-127, MCA, is changed to peruse:

“45-9-127. Conveying risky medications on train – punishment. (1) An Except as gave in [sections 1 through 9], a man carries out the offense of conveying unsafe medications on a train in this state in the event that he the individual is intentionally or deliberately in criminal ownership of a perilous medication and sheets any train.

(2) A man sentenced conveying risky medications on a train in this state is liable to the punishments gave in 45-9-102.”

Segment 16. Area 45-10-107, MCA, is altered to peruse:

“45-10-107. Exceptions. Experts, as characterized in 50-32-101, and specialists under their watch acting over the span of an expert practice and persons in consistence with [sections 1 through 9] are absolved from this part.”

Segment 17. Codification direction. Segments 1 through 9 are proposed to be classified as a basic piece of Title 50, and the procurements of Title 50 apply to areas 1 through 9.

Area 18. Severability. In the event that a piece of this demonstration is invalid, every single legitimate part that are severable from the invalid part stay in actuality. In the event that a piece of this demonstration is invalid in one or a greater amount of its applications, the part stays as a result in every single legitimate application that are severable from the invalid applications.

Area 19. Powerful date. This demonstration is viable upon regard by the electorate.

Reviews are closed.

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