Cannabis Control Division May Newsletter

May 2, 2022

Product Testing Requirements

Licensees are responsible to know and comply with all product testing requirements.

If an inspector determines that a product being offered by a provider was not tested in accordance with Montana rule or statute, the provider is prohibited from selling the product until testing can be appropriately completed.

If testing cannot be completed, the product or packages must be destroyed and may be subject to recall.

Inspection Follow-up

After a facility inspection is completed, the provider will receive a Statement of Deficiencies from the Cannabis Control Division (CCD).

The provider is then required to respond to the deficiencies on a Deficiency Report Response Form within 10 days of receipt of the Statement of Deficiencies. The provider will submit the form via the TransAction Portal (TAP).

Providers may verify that the corrections have been made through photographic evidence in the written response.

If the corrections cannot be verified through photographic evidence, a follow-up inspection will be scheduled within 10 days of the deficiency report response being received by the Department.

Failure to respond to a Deficiency Report could subject a licensee to a Notice of Proposed Department Action.

Cultivator licensee tier increases & restrictions

The CCD has completed a system update that allows Cultivator licensees to increase their cultivation by multiple tiers, up to a maximum of Tier 5.

The update was completed after discussions with the Economic Affairs Interim Committee (EAIC) regarding §16-12-223 (1)(e)(iii), MCA.

Please note: this change only affects Cultivator licensees currently at Tier Micro through Tier 4; cultivators at Tier 5+ are unaffected and may apply to increase one tier at their time of renewal.

To update your existing licenses, please log into the TransAction Portal (TAP) and submit an Update application. Licensees may also apply to add new cultivation facilities at the same time – up to the maximum number allowable by the tier requested.

All tier increase requests will require inspection per statute. If approved, fees will be prorated based on the licensee’s current expiration date.

Sales to Expired Cardholders

Providers are prohibited from selling medical marijuana and medical marijuana products to registered cardholders that present an expired registration card.

Providers are required to check the cardholder’s registration card every time that a medical patient, or their designated purchaser(s), is purchasing medical marijuana and medical marijuana products.

The CCD will be auditing licensees in Metrc to ensure compliance and will hold licensees accountable to their sales.

Update on Packaging and Labeling Approval Process Rule

In response to public comment, the CCD has amended its proposed rule on the packing and labeling application and review process.

You can find a link to the amended proposed rule here.

The period for public comment has been extended to May 6, 2022.

No Free Product

Per MCA 16-12-207(7), a marijuana business may not provide free marijuana or marijuana products or offer samples of marijuana or marijuana products.