Rule 42.39.405 - MARIJUANA CULTIVATOR LICENSES(1) A marijuana cultivator license allows a marijuana cultivator to plant, cultivate, grow, dry, package, and label marijuana and sell marijuana to licensed marijuana manufacturers, licensed dispensaries, and to other licensed marijuana cultivators, and to sell marijuana products to licensed dispensaries. Marijuana cultivator licensees may not sell marijuana flower to other marijuana cultivator licensees. (2) The department shall begin accepting applications for marijuana cultivators that are not former medical marijuana licensees, as defined in 16-12-102, MCA, on July 1, 2025. (3) The licensed premises of a former medical marijuana licensee that is located in a red county is not eligible to apply to increase its licensure level until the local government approval process in 16-12-301, MCA, allows for marijuana cultivation. (4) A former medical marijuana licensee who engaged in outdoor cultivation before November 3, 2020, may continue to engage in outdoor cultivation but may not expand their existing outdoor cultivation space. (5) For purposes of determining the appropriate canopy license tier: (a) an existing outdoor cultivation space counts as a cultivation facility as used in (4) and its square footage counts toward the total allowable square footage under each tier; (b) 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; (c) a marijuana cultivator licensee may designate multiple canopy areas at a cultivation facility, but each canopy area must be separated by a physical boundary such as an interior wall or by at least eight feet of open space. (6) A marijuana cultivator licensee that cultivates above its licensure level may be subject to administrative proceedings.(7) A marijuana cultivator licensee must create and maintain a manual of written SOPs to produce marijuana. The marijuana cultivator licensee must keep the manual at the licensed premises and make it available for department inspection at all times. The manual must include, at a minimum: (a) when and how all pesticides or other chemicals are to be applied during the production process; (b) water usage and wastewater disposal protocols; and (c) a waste disposal plan. (8) If a marijuana cultivator licensee makes a material change to the SOPs, it must document the change and revise the written SOPs manual accordingly. (9) A marijuana cultivator licensee must maintain on the licensed premises: (a) the material safety data sheet for all pesticides, fertilizers, or other agricultural chemicals used in the production of marijuana at the licensed premises; and (b) the original label, or a copy, for all pesticides, fertilizers, or other agricultural chemicals used in the production of marijuana at the licensed premises. (10) A marijuana cultivator licensee must maintain a log of all pesticides, fertilizers, or other agricultural chemicals used in the production of marijuana in the seed-to-sale tracking system, which must be updated monthly. The log shall be kept confidential by the department. (11) A marijuana cultivator licensee may not cultivate hemp at a licensed premises. (12) A marijuana cultivator licensee and an employee of a marijuana cultivator licensee may transport marijuana and marijuana products that are in the licensee's seed-to-sale tracking system inventory in accordance with 16-12-222(4), MCA, and ARM 42.39.413(3) through (16) and may not transport the marijuana or marijuana products of other licensees without a marijuana transporter license.Mont. Admin. r. 42.39.405
NEW, 2021 MAR p. 1937, Eff. 1/1/2022; AMD, 2024 MAR p. 616, Eff. 3/23/2024AUTH: 16-12-112, MCA; IMP: 16-12-112, 16-12-203, 16-12-210, 16-12-221, 16-12-222, 16-12-223, MCA