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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) The allowable method to render marijuana plant waste unusable is by grinding and incorporating the marijuana plant waste with other ground materials so the resulting mixture is at least fifty percent nonmarijuana waste by volume. Material used to grind with the marijuana falls into two categories: compostable waste and noncompostable waste.

(a) Compostable mixed waste is marijuana waste to be disposed as compost feedstock or in another organic waste method, such as an anaerobic digester, mixed with food waste, yard waste, or vegetable based grease or oils.

(b) Noncompostable mixed waste is marijuana waste to be disposed in a landfill or another disposal method, such as an incinerator, mixed with paper waste, cardboard waste, plastic waste, or soil.

(4) 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.

(5) A licensee must maintain accurate and comprehensive records regarding waste material 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) disposal method;

(e) reason for the disposal;

(f) identity of who disposed the waste; and

(g) record of the destination of marijuana waste rendered unusable.

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

 

History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-311, MCA; NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.413, 2021 MAR p. 765, Eff. 7/2/21.

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