42.39.413    TRANSPORTATION OF MARIJUANA AND MARIJUANA PRODUCTS; MARIJUANA TRANSPORTER LICENSES

(1) A marijuana transporter license allows a marijuana transporter to physically distribute and deliver marijuana and marijuana products to a licensed premises and to registered cardholders within the state of Montana that present a valid registry identification card. 

(2) Applicants for a marijuana transporter license must submit to the department proof of a valid Montana driver's license.

(3) All distribution and delivery of marijuana and marijuana products must:

(a) occur in a motor vehicle as defined by ARM 42.39.102;

(b) depart from a licensed premises and be delivered to a licensed premises or to a registered cardholder's address, in which case the registered cardholder must provide a valid registry identification card to the transporter prior to the transporter completing the transport;

(c) be accompanied by a transport manifest derived from the seed-to-sale tracking system that contains the following information:

(i) the physical address and license number of the departure location;

(ii) the physical address and license number or registered cardholder number of the arrival location;

(iii) actual date and estimated time of departure;

(iv) actual date and estimated time of arrival;

(v) transporter's driver's license number, vehicle make, model, and license plate number;

(vi) name and signature of each licensee or its employee accompanying the transport; and

(vii) a complete description of the marijuana or marijuana product being transported. The description must include:

(A) the name and type of product being transported;

(B) accurate amount of product being transported verified by count or with a weighing device pursuant to 30-12-203, MCA, and ARM 24.351.101; and

(C) RFID tracking tag numbers of the product being transported;

(d) be accomplished within seven days from the date and time of departure.

(4)  If the transport requires an overnight stay during the planned direct route to complete the transfer, the transporting licensee must:

(a)  identify the stay on the transport manifest prior to transport;

(b) accept the in-transit product into the storage facility's inventory or other licensed premises; and

(c)  store the in-transit product in a licensee's licensed premises.

(5) The transporter of the marijuana or marijuana product must record in the seed-to-sale tracking system:

(a)  the actual time of departure from the originating license; and

(b) the actual time of arrival at the destination.

(6) The transport manifest may not be voided or changed after leaving the departure location.

(7) A copy of the transport manifest must be given to each licensed premises receiving the inventory described in the transport manifest.

(8) A receiving licensed premises is prohibited from receiving any marijuana or marijuana products without a valid transport manifest.

(9)  Upon receipt, the receiving licensed premises shall ensure that the product received is as described in the transport manifest, verified by count or with a weighing device pursuant to 30-12-203, MCA, and ARM 24.351.101. A receiving licensed premises must immediately record receipt of the transported inventory. 

(10)  The receiving licensed premises must document any differences between the items described for transport in the transport manifest versus what was actually received and immediately report discrepancies to the department. 

(11) While in transport, all marijuana and marijuana products must be shielded from public view and secured in a locked storage compartment inside the body of the transport vehicle.

(12) All vehicles used to transport marijuana or marijuana products: 

(a) shall be considered a licensed premises for purposes of inspection by the department. Transport vehicles may be stopped and inspected by the department at any licensed premises or during transport; 

(b)  shall be lockable and equipped with a security alarm system;

(c) shall not leave the state of Montana while any amount of marijuana or marijuana product is in the motor vehicle; and

(d) shall not have any external markings, words, or symbols that indicate the vehicle is used for the transport of marijuana or marijuana products or that it is owned or leased by a marijuana business.

(13) A marijuana transporter licensee or employee of a marijuana transporter licensee must not sell marijuana or marijuana products; or transport marijuana or marijuana products directly to consumers.

(14) A marijuana transport licensee must contact the department within 24 hours if a vehicle transporting marijuana items is involved in an accident that involves product loss.

(15) Copies of the transport manifest and delivery receipts must be presented to law enforcement officers or authorized department employees, if requested.

(16) If a marijuana transporter licensee maintains a licensed premises to temporarily store marijuana or marijuana products, the licensee must have a marijuana storage facility endorsement for each storage facility as provided in ARM 42.39.420. 

History: 16-12-112, 16-12-222, MCA; IMP, 16-12-112, 16-12-222, MCA; NEW, 2021 MAR p. 1937, Eff. 1/1/22; AMD, 2022 MAR p. 1712, Eff. 8/27/22; AMD, 2024 MAR p. 616, Eff. 3/23/24.