Renewal Application Process Changes
Licensees should be aware of changes to the renewal application process in ARM 42.39.107. Some of those changes include:
- Renewal applications must be submitted at least 60 days prior to the expiration date of the license.
- If a renewal application is received less than 60 days prior to license expiration, the department will process the application, but the licensee assumes the risk and responsibility of having to suspend operations until the department processes and approves the renewal application.
- The department will not consider a renewal application received after the license or endorsement expiration date, in which case the license will lapse.
- The department will not amend or extend a licensee’s expiration date unless the licensee can demonstrate that its failure to timely submit a renewal application was due to circumstances beyond its control.
Edible Marijuana Products
As a reminder, per MCA 16-12-208(5), edible marijuana products manufactured as candy may not be sold in shapes or packages that are attractive to children or that are easily confused with commercially sold candy that does not contain marijuana.
Per MCA 42.39.401(12), a marijuana manufacturer licensee shall not utilize a branded, commercially manufactured food product (e.g., Chex Mix, Nerds Ropes) as an edible marijuana product. The only exception is when commercially manufactured food products are used as ingredients in an edible marijuana product in a way that renders them unrecognizable as the commercial food product in the final edible marijuana product. Additionally, the licensee does not state or advertise to the consumer that the final edible marijuana product contains the commercially manufactured food product.
Inspectors will be checking for compliance.
Mandatory Signage for a Licensed Premises
As a reminder, per MCA 42.39.122, licensed premises must have mandatory signage as outlined below:
- A marijuana business licensee must conspicuously display and make available its site identification certificate at each licensed premises.
- All marijuana business licensees, except for marijuana dispensaries, must conspicuously post a notice at each entry to a licensed premises that contains all of the following:
- “Persons under twenty-one years of age not permitted on these premises without a valid worker permit.”
- All marijuana dispensaries must conspicuously post a notice or notices at each entry to the licensed premises that contains all of the following language:
- “Persons under twenty-one years of age not permitted on these premises without a valid registry identification card or valid worker permit. Registered cardholders under the age of 18 must be accompanied by a legal guardian.”
- “No on-site consumption of marijuana or marijuana products.” and
- “No on-site opening of marijuana or marijuana products.”
- A marijuana business licensee that is not permitted to sell marijuana or marijuana products to adult use consumers, or a marijuana business licensee that elects not to sell marijuana or marijuana products to adult use consumers, must conspicuously post a notice at the entry to the licensed premises visible from outside that contains all of the following language:
- “This dispensary is licensed for medical marijuana sales only. No sales will be permitted without a valid registry identification card.”
Round Table Discussion Update
Thank you to those who submitted topics to discuss at the next round table discussion. At this time, we will be placing the next round table discussion on hold until further notice. We are happy to address some of the questions we received in future newsletters.
- Licensees must provide a minimum of 72 hours’ notice in METRC prior to rendering marijuana items unusable and disposing of them.
- Licensees are prohibited from making false or misleading health claims pertaining to marijuana and marijuana products. Anecdotal evidence and advice from licensees and their employees can be provided to consumers.
- Compliance begins on April 1 for the requirement on security cameras. Footage will be requested at the time of inspection to verify you are in compliance.