(1) An applicant must be a resident of the State of Montana under 1-1-215, MCA.

(2) All applications must be completed on forms provided by the department.

(3) A complete application must include the required fee, statements, forms, diagrams, operation plans, and other applicable documents required in the application packet to be accepted and processed by the department.

(4) Applicants include, but are not limited to:

(a) any individual or legal entity who holds or controls an interest, ownership, or partnership in the business or entity;

(b) all directors; and

(c) principal officers of corporate applicants.

(5) The license will expire one year from the date of issuance.

(6) Renewal applications must be submitted at least 30 calendar days prior to the expiration date of the license.

(7) The department will approve or deny an application within 30 calendar days of receiving a complete application.

(8) Prior to approving an application, the department may contact any applicant or individual listed on the application and request additional supporting documentation or information.

(9) Prior to issuing a license or endorsement, the department will inspect the proposed premises to determine if the applicant complies with these rules and Montana statute.

(10) If a licensee fails to submit a renewal application prior to the license or endorsement expiration date, the licensee may not continue to operate.

(11) If a renewal application is received within 30 days of expiration, the department may process the application.

(12) The department will not consider renewal applications received more than 30 days after the license or endorsement expiration date.

(13) An applicant or licensee may request a chemical manufacturing endorsement or dispensary license upon submission of an initial application or at any time following licensure.

(14) Chemical manufacturing endorsements and dispensary licenses issued under this rule will expire the same date of the provider license or marijuana-infused product provider license.

(15) A licensee:

(a) may not operate until on or after the effective date of the license; and

(b) must display proof of licensure in a prominent place on the registered premises.

(16) A license or endorsement may not be sold or transferred.

(17) Any denial under this part is subject to judicial review.


History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-309, 50-46-344, MCA; NEW, 2011 MAR p. 2047, Eff. 9/23/11; AMD, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.115, 2021 MAR p. 765, Eff. 7/2/21.