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69th Legislature 2025 HB 792.1
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1 HOUSE BILL NO. 792
2 INTRODUCED BY M. CUNNINGHAM, J. REAVIS, B. CLOSE, G. OVERSTREET, J. WEBER, E. MATTHEWS,
3 J. ETCHART, G. KMETZ, S. ESSMANN, S. DEMAROIS, J. HINKLE, V. MOORE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO MARIJUANA
6 LABELING AND EDUCATION; REQUIRING WARNING POSTERS AT POINTS OF MARIJUANA SALE;
7 PROVIDING RULEMAKING AUTHORITY; AND AMENDING SECTIONS 16-12-112 AND 16-12-215, MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 16-12-112, MCA, is amended to read:
12 "16-12-112. (1) The department may adopt rules to implement and
13 administer this chapter, including:
14 (a) the manner in which the department will consider applications for licenses, permits, and
15 endorsements and renewal of licenses, permits, and endorsements;
16 (b) the acceptable forms of proof of Montana residency;
17 (c) the procedures for obtaining fingerprints for the fingerprint-based and name-based background
18 checks required under 16-12-129;
19 (d) the security and operating requirements for licensees;
20 (e) the security and operating requirements for manufacturing, including but not limited to
21 requirements for:
22 (i) safety equipment;
23 (ii) extraction methods, including solvent-based and solvent-free extraction; and
24 (iii) post-processing procedures;
25 (f) notice and contested case hearing procedures for fines or license and endorsement
26 revocations, suspensions, or modifications;
27 (g) implementation of a system to allow the tracking of marijuana and marijuana products as
28 required by 16-12-105; ****
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1 (h) labeling and packaging standards that protect public health by requiring the listing of
2 pharmacologically active ingredients, including but not limited to THC, cannabidiol (CBD) and other cannabinoid
3 content, the THC and other cannabinoid amount in milligrams per serving, the number of servings per package,
4 and quantity limits per sale to comply with the allowable possession amount;
5 (i) investigating and making rules to limit, if necessary, the appropriate THC potency percentages
6 for marijuana and marijuana products;
7 (j) requirements that packaging and labels may not be made to be attractive to children, that they
8 have required warning labels as set forth in 16-12-215, and that marijuana and marijuana products be sold in
9 resealable, child-resistant exit packaging to protect public health as provided in 16-12-208;
10 (k) requirements for the warning posters that must be displayed at any point of sale pursuant to
11 16-12-215;
12 (l) recommended resources to provide assistance with overcoming marijuana addiction pursuant
13 to 16-12-215.
14 (k) (m) requirements and standards for the testing and retesting of marijuana and marijuana products,
15 including testing of samples collected during the department's inspections of licensed premises;
16 (l) (n) the amount of variance allowable in the results of raw testing data that would warrant a
17 departmental investigation of inconsistent results as provided in 16-12-202;
18 (m) (o) requirements and standards to prohibit or limit marijuana, marijuana products, and marijuana
19 accessories that are unsafe or contaminated;
20 (n) (p) the activities that constitute advertising in violation of 16-12-211 and requirements and
21 standards for electronic advertising as permitted under 16-12-211;
22 (o) (q) requirements and incentives to promote renewable energy, reduce water usage, and reduce
23 packaging waste to maintain a clean and healthy environment in Montana;
24 (p) (r) procedures for collecting and destroying samples of marijuana and marijuana products that fail
25 to meet testing requirements pursuant to 16-12-209; and
26 (q) (s) the fees for testing laboratories, the fingerprint-based and name-based background checks
27 required under 16-12-129, employee certification, the marijuana transporter license, marijuana worker permits,
28 and other fees necessary to administer and enforce the provisions of this chapter. The fees established by the ****
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1 department, taxes collected pursuant to Title 15, chapter 64, part 1, civil penalties imposed pursuant to this
2 chapter, and the licensing fees established by rule and in part 2 of this chapter must be sufficient to offset the
3 expenses of administering this chapter but may not exceed the amount necessary to cover the costs to the
4 department of implementing and enforcing this chapter.
5 (2) The department may not adopt any rule or regulation that is unduly burdensome or undermines
6 the purposes of this chapter.
7 (3) The department may consult or contract with other public agencies in carrying out its duties
8 under this chapter."
9
10 Section 16-12-215, MCA, is amended to read:
11 "16-12-215. (1) A person may not manufacture, package,
12 sell, or transfer any marijuana or marijuana product unless the package containing the marijuana or marijuana
13 product bears the following statements in a form required by the department a warning label. The text of the
14 warning label must be displayed in a legible font, such as times new roman, arial, or helvetica, and the
15 lowercase letter "o" must be at least one-sixteenth of an inch in height. The statement must be placed next to a
16 yellow triangle with an exclamation point and must read:
17 (1) (a) "WARNING: Consumption of marijuana may cause anxiety, agitation, paranoia, psychosis, and
18 cannabinoid hyperemesis excessive vomiting."
19 (2) (b) "WARNING: Consumption of marijuana by pregnant women may result in fetal injury and low
20 birth weight."
21 (3) (c) "WARNING: Consumption of marijuana by nursing mothers may result in infant hyperactivity
22 and poor cognitive function."
23 (d) "WARNING: Driving while under the influence of marijuana is a crime."
24 (2) Each warning statement must be printed on all forms of marijuana exit packaging.
25 (3) In addition to the requirements of subsection (1), a package of marijuana product with a THC
26 content over 10% must include in red, bold print "WARNING: This product contains high-potency THC over
27 10%."
28 (4) A marijuana business shall display at any point of sale a poster that includes: ****
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1 (a) graphic depictions of all text warnings; and
2 (b) all text warnings pursuant to this section.
3 (5) Each label and poster must provide a website address or phone number for a resource that
4 provides assistance with overcoming marijuana addiction."
5 - END -