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42.39.310    WASTE MANAGEMENT

(1) A licensee must store, manage, and dispose of solid and liquid waste generated during marijuana production and processing in accordance with applicable state and local laws and regulations. 

(2) A licensee must store marijuana waste in a secured waste receptacle in the possession of and under the control of the licensee.

(3) Waste that must be rendered unusable prior to disposal includes:

(a) marijuana plant waste, including roots, stalks, leaves, and stems that have not been processed with solvent;

(b) waste solvents used in the marijuana process;

(c) spent solvents, laboratory waste, and excess marijuana from any quality assurance testing; and

(d) marijuana items that ultimately fail to meet testing requirements.

(4) The allowable method to render a marijuana item unusable is by grinding (for solids) and incorporating or absorbing (for liquids) the marijuana item with other ground materials so the resulting mixture is undesirable, unrecognizable, unfit for human use, and incapable of growth or germination. For whole marijuana plants, the resulting mixture must be at least 50 percent nonmarijuana waste by volume.

(5) For purposes of this rule, "use" includes, but is not limited to, ingestion, inhalation, topical application, processing, or remediation.

(6) Nonhazardous marijuana waste shall be disposed of as follows:

 

Marijuana Item

Destruction Method

Disposal Method

Marijuana plants

Mix with yard debris, wood chips, sawdust, soil, manure, vegetable-based grease or oils, other wastes

Compost or anaerobic digester, if available, off site

Usable marijuana

Mix with yard debris, wood chips, sawdust, soil, manure, vegetable-based grease or oils, other wastes

Landfill, transfer station, or incinerator, if composing not available or feasible

Liquid concentrate, extracts, or infused products

Absorb in cat litter, slack lime, soil, or similar substance

Landfill, transfer station, or incinerator

Solid concentrate, extracts, or infused products

Mix with soil, slack lime, garbage, or similar substance

Landfill, transfer station, or incinerator

 

(7) Marijuana testing laboratories, marijuana manufacturers, and other licensees that generate hazardous waste shall follow all applicable rules and regulations for the disposal of hazardous waste, including ARM 17.53.105 and 17.53.113. Licensees need to contact the Department of Environmental Quality Hazardous Waste Program for assistance.

(8) A licensee must maintain accurate and comprehensive records regarding waste material in the seed-to-sale tracking system that accounts for, reconciles, and evidences all waste activity related to the disposal of marijuana to include:

(a) what was disposed;

(b) quantity by weight or volume;

(c) date disposed;

(d) video evidence of disposal to be retained for 30 days; and

(e) reason for the disposal.

(9) A licensee must provide a minimum of 72 hours' notice in the seed-to-sale tracking system prior to rendering the marijuana item unusable and disposing of it. 

 

History: 16-12-112, MCA; IMP, 16-12-103, 16-12-105, 16-12-112, 16-12-203, 16-12-210, MCA; NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.413, 2021 MAR p. 765, Eff. 7/2/21; AMD, 2021 MAR p. 1147, Eff. 9/11/21; AMD, 2021 MAR p. 1971, Eff. 1/1/22.

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