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37.107.110    DEFINITIONS

For purposes of the Montana marijuana registry:

(1) "Applicant" means a person applying to become a provider, marijuana-infused products provider (MIPP), or registered cardholder.

(2) "Authorized employee" means:

(a) an employee of the department who has received written authorization from the Department of Public Health and Human Services director or the director's designee to obtain individual names and other identifying information from the marijuana registry;

(b) an employee of a state or local law enforcement agency who is authorized to obtain marijuana registry information through the Montana Criminal Justice Information Network (CJIN)/marijuana registry interface; or

(c) an employee of a state or local government agency, including a state or local law enforcement agency, who has received written authorization to obtain marijuana registry information. Written authorization, as applicable, must be provided to the department from a state agency director or director's designee, county sheriff, police chief, county attorney, or city attorney.

(3) "Cultivate" means to grow, propagate, clone, or harvest marijuana for use by registered cardholders.

(4) "Fee" means the mandatory fees necessary to process a marijuana registry card application.

(5) "Fingerprint card" means the department's FD-258 fingerprint card utilized to facilitate a Federal Bureau of Investigation (FBI) fingerprint and background check for provider or MIPP applicants.

(6) "Landlord Permission Form" means a completed, signed, and notarized form which gives a registrant who is renting or leasing the property where marijuana will be cultivated and manufactured for medical purposes, permission to do so, by the property owner. The form must be provided by the department.

(7) "Manufacture" means the act of preparing and processing usable marijuana into a marijuana-infused product. A marijuana-infused product must be labeled as to indicate that it contains marijuana.

(8) "Physician statement" means a written statement by a Montana licensed physician on one of three department forms certifying the registered cardholder applicant's debilitating condition. Physician statement forms include:

(a) Physician Statement for Debilitating Condition;

(b) Physician Statement for Chronic Pain Diagnosis; or

(c) Physician Statement for Minors.

(9) "Proof of residency" means a readable photocopy of a current Montana driver's license or Montana state-issued identification card.

(10) "Registrant" means any provider, MIPP, or registered cardholder who has been approved for, and entered into, the department registry.

(11) "Registry" means the department's confidential marijuana record identifying marijuana cardholders, providers, and MIPPs.

(12) "Residential health care facility" means an adult day care center, an adult foster care home, an assisted living facility, or a retirement home as defined in 50-5-101, MCA.

History: 50-46-344, MCA; IMP, 50-46-303, 50-46-307, 50-46-308, 50-46-310, 50-46-318, 50-46-344, MCA; NEW, 2011 MAR p. 2047, Eff. 9/23/11.

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