Current through the 2023 Regular Session
Section 16-12-523 - Unlawful conduct by cardholders - penalties(1) The department shall revoke and may not reissue the registry identification card of an individual who: (a) is convicted of a drug offense; or(b) allows another individual to be in possession of the individual's: (i) registry identification card, except as provided for in 16-12-513; or(ii) mature marijuana plants, seedlings, usable marijuana, or marijuana products.(2) If no other penalty is specified under this part, a registered cardholder who violates this part is punishable by a fine not to exceed $500 or by imprisonment in a county jail for a term not to exceed 6 months, or both, unless otherwise provided in this part or unless the violation would constitute a violation of Title 45. An offense constituting a violation of Title 45 must be charged and prosecuted pursuant to the provisions of Title 45.(3) Review of a department action imposing a fine, suspension, or revocation under this section must be conducted as a contested case hearing under the provisions of the Montana Administrative Procedure Act.Added by Laws 2021, Ch. 576,Sec. 18, 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."