Current through the 2023 Regular Session
Section 16-12-514 - Health care facility procedures for patients with marijuana for use(1)(a) A health care facility as defined in 50-5-101 shall take the following measures when a patient who is a registered cardholder has marijuana in the patient's possession upon admission to the health care facility: (i) require the patient to remove the marijuana from the premises before the patient is admitted if the patient is able to do so; or(ii) make a reasonable effort to contact the patient's cultivator, manufacturer, or medical marijuana dispensary, court-appointed guardian, or individual with a power of attorney, if any.(b) If a patient is unable to remove the marijuana or the health care facility is unable to contact an individual as provided in subsection (1)(a), the facility shall contact the local law enforcement agency having jurisdiction in the area where the facility is located.(2) A cultivator, manufacturer, or medical marijuana dispensary, court-appointed guardian, or individual with a power of attorney, if any, contacted by a health care facility shall remove the marijuana and deliver it to the patient's residence.(3) A law enforcement agency contacted by a health care facility shall respond by removing and destroying the marijuana.(4) A health care facility may not be charged for costs related to removal of the marijuana from the facility's premises.Added by Laws 2021, Ch. 576,Sec. 15, eff. 1/1/2022.Contingent voidness. Section 115 of Laws 2021, Ch. 576 provides: "Contingent voidness. If the Montana supreme court determines that Initiative Measure No. 190, approved November 3, 2020, other than the portions relating to revenue distribution, is in violation of the Montana constitution and the constitutional infirmity invalidates the entire initiative, then both Initiative Measure No. 190 and [this act] [Ch. 576] are void."