What Are The Requirements For Obtaining A License To Operate A Marijuana Retail Dispensary in Montana?To operate a marijuana retail dispensary in Montana, applicants must:
1. Be at least 21 years old.
2. Submit an application to the Montana Department of Revenue, which includes evidence of ownership of the premises where the dispensary will be located, as well as a description of the products and services that will be offered.
3. Obtain all necessary city and county licenses, permits, or approvals.
4. Pay the applicable licensing fee.
5. Provide evidence of surety bond coverage.
6. Submit to a state and federal background check.
7. Provide evidence that all employees have completed an approved training course related to the sale and distribution of marijuana products.
8. Demonstrate compliance with all applicable laws and regulations, including those related to the sale and distribution of medical marijuana products.
Are There Limitations On The Number Of Marijuana Retail Dispensary Licenses Issued in Montana?Yes, there are limitations on the number of marijuana retail dispensary licenses issued in Montana. The state currently has a limit of 8 marijuana retail dispensary licenses per county and a total of 83 statewide.
What Zoning Restrictions Or Location Requirements Apply To Marijuana Dispensaries in Montana?The Montana Department of Revenue has issued guidance for the location of medical marijuana dispensaries in Montana. The following restrictions and requirements apply:
– Dispensaries must be located at least 500 feet from any public, private, or parochial school.
– Dispensaries must be located at least 500 feet from any church or religious center.
– Dispensaries must be located in an area zoned for commercial activity.
– Dispensaries must not be located in residential areas.
– Dispensaries may not be located within 1,000 feet of another medical marijuana dispensary.
– Dispensaries may not be located within 1,000 feet of a state correctional facility.
– Dispensaries may not be located within 1,000 feet of a publicly owned park or playground.
What Types Of Marijuana Products Can Be Sold In Retail Dispensaries in Montana?In Montana, some of the marijuana products that can be sold in retail dispensaries include concentrates, edibles, topicals, tinctures, and capsules. Additionally, retail dispensaries are allowed to sell paraphernalia such as pipes, rolling papers, vaporizers, and bongs.
Are There Specific Labeling And Packaging Requirements For Marijuana Products in Montana?Yes, there are specific labeling and packaging requirements for marijuana products in Montana. According to the Montana Department of Revenue, the following labeling and packaging requirements must be met:
– The package must be tamper-evident and not display a brand name or logo
– The package must be opaque and made from a material that cannot be penetrated by light
– The package must contain the following information:
– The name of the product
– The net weight or volume of the product
– A warning that states the product is for adults 21 years of age or older
– A list of all ingredients, including any controlled substances
– The THC concentration in milligrams
– The manufacturer’s name and address
– An expiration date
– The package must contain a health warning that states that “Marijuana can impair concentration, coordination, and judgement. Do not operate a vehicle or machinery under the influence of marijuana.”
These labeling and packaging requirements must be followed in order for marijuana products to be legally sold in Montana.
How Are Marijuana Prices Determined And Regulated in Montana?Marijuana prices in Montana are determined by supply and demand, just like any other product. Montana has recently approved a new system of taxation and regulation for medical marijuana, which establishes a minimum price for marijuana flower and concentrates. The state also sets production limits on the amount of marijuana that dispensaries can sell each month. Additionally, the state requires all retailers to track their sales and report the information to the Department of Revenue. This allows the state to regulate the market and ensure that prices remain consistent.
What Are The Security And Surveillance Requirements For Marijuana Dispensaries in Montana?The Montana Marijuana Act requires that any dispensary operating in the state must have an approved security plan in place. This security plan must include video surveillance systems that cover all areas of the premises and any entrances and exits. Security guards may also be required, depending on the size of the dispensary. All security personnel must be properly licensed and trained. All security personnel must also maintain detailed incident reports of any suspicious activity or thefts. Access to the premises must be restricted and visitors to the dispensary must be identified before being allowed entry. The dispensary must also maintain records of all transactions that occur on the premises. Any violation of the security plan may be subject to fines and/or criminal penalties.
Are There Restrictions On Advertising And Marketing Of Marijuana Products in Montana?Yes, there are restrictions on advertising and marketing of marijuana products in Montana. Advertising of marijuana products is restricted to only media sources where more than 85% of the audience is reasonably expected to be 18 years of age or older. Additionally, advertising cannot contain false, deceptive, or misleading information. Advertising is also prohibited from promoting overconsumption, glamorizing the use of marijuana, or implying that it has curative or therapeutic effects. All advertising must also include the following statement: “It is illegal to sell or provide marijuana to persons under 21 years of age”. Furthermore, any advertising that uses any federally recognized trademarks, including slogans and characters, is prohibited.
What Is The Minimum Age Requirement For Entering A Marijuana Dispensary in Montana?The minimum age requirement for entering a marijuana dispensary in Montana is 21 years of age.
Are There Restrictions On The Hours Of Operation For Marijuana Dispensaries in Montana?Yes, all medical marijuana dispensaries in Montana must close no later than 8:00 p.m. local time each day, and may not open before 8:00 a.m. local time. All dispensaries must be closed on Sundays.
What Are The Tax Implications For Marijuana Retail Sales in Montana?The tax implications for marijuana retail sales in Montana are similar to those for any other retail sales. All marijuana sales in Montana are subject to the state’s standard 6.9% sales tax. Additionally, local municipalities can choose to impose additional sales taxes on marijuana sales, which can range from 1-3%. Finally, the Montana Department of Revenue also requires all marijuana businesses to pay an additional 10.5% excise tax on all cannabis products.
How Are Marijuana Dispensaries Monitored And Inspected For Compliance in Montana?Marijuana dispensaries in Montana are required to be licensed and registered with the state and follow all related rules and regulations. The Department of Revenue (DOR) is responsible for monitoring and inspecting marijuana dispensaries. The DOR has the authority to inspect facilities, review records, and investigate complaints. They may also contact the local law enforcement agency to investigate any allegations of illegal activity. Dispensaries are subject to random inspections at any time, and must pass inspection in order to remain open.
What Training And Certification Requirements Apply To Dispensary Staff in Montana?In Montana, dispensary staff must obtain a valid Montana Medical Marijuana Provider Card in order to be eligible to work at a dispensary. This card is obtained by taking an approved training course and passing a certification exam. The Montana Medical Marijuana Act states that all providers and dispensary staff must complete an approved 8-hour training program within six (6) months of employment. The training must include: Montana medical marijuana laws, rules, and regulations; identification of different types of marijuana and marijuana products; proper waste management and disposal; security measures; and other topics relevant to the operation of a medical marijuana provider. Additionally, providers and dispensaries are required to renew their card every two years and to complete two (2) hours of continuing education during that time.
Are There Specific Requirements For Record-Keeping And Inventory Control in Montana?Yes, there are specific requirements for record-keeping and inventory control in Montana. The Montana Department of Labor and Industry requires that all employers maintain accurate records of all purchases, sales, and inventory items. Employers must maintain records that include the supplier’s name, address, and contact information; the date of purchase; the quantity and description of goods or services purchased; the cost of each item; the method of payment; and any applicable taxes. Records must be kept for at least three years. Additionally, employers must ensure that their inventory is secure from theft or damage.
What Penalties Or Consequences Can Dispensaries Face For Violating Regulations in Montana?1. Fines: The Montana Department of Revenue can issue civil fines to a dispensary for failure to comply with regulations in Montana. The fines range from $500 to $2,000 per violation.
2. License Suspension or Revocation: The Department of Revenue may suspend or revoke the license of any dispensary that violates state laws or regulations.
3. Criminal Penalties: Violation of Montana’s medical marijuana laws can lead to criminal prosecution and possibly jail time and/or fines.
4. Federal Enforcement Actions: Dispensaries in Montana are subject to federal enforcement actions. This could include the seizure of assets and criminal charges.
Do Local Municipalities Have The Authority To Ban Or Regulate Marijuana Dispensaries Independently in Montana?No, local municipalities do not have the authority to ban or regulate marijuana dispensaries independently in Montana. The Montana Department of Revenue is responsible for regulating and overseeing all marijuana establishments in the state. The Department also has authority to grant and revoke local and state marijuana licenses.
Is Home Delivery Of Marijuana Products Permitted, And Are There Specific Regulations For It in Montana?No, home delivery of marijuana products is not permitted in Montana. The recreational and medical sale of marijuana is prohibited in Montana.
What Are The Rules For Testing And Quality Control Of Marijuana Products Sold In Dispensaries in Montana?The Montana Department of Public Health and Human Services (DPHHS) has adopted a rule requiring dispensaries in the state to adhere to certain testing and quality control standards. These standards are designed to help ensure that the cannabis products sold in Montana dispensaries are safe, free from contaminants, and accurately labeled with regards to potency.
The rules require dispensaries to have their cannabis products tested for the presence of microbiological contaminants, residual solvents, heavy metals, pesticides, mycotoxins, and terpenes. Each product must also be tested for its cannabinoid profile and labeled accurately with regards to potency. Additionally, all cannabis products must be packaged in a child-resistant container.
In order to comply with these requirements, dispensaries are required to hire an independent laboratory that is certified by DPHHS to test their products. The laboratory must also have the appropriate methodology and equipment to conduct the tests properly. Furthermore, dispensaries are required to keep records of all testing results for at least two years.
Finally, DPHHS requires that all cannabis products sold in Montana dispensaries meet a minimum potency requirement of 10% THC by volume as well as a minimum terpene profile of 0.3%. While this is not a requirement for other states, it is important for cannabis consumers in Montana to be aware of these regulations if they are purchasing cannabis products from local dispensaries.