Cannabis Control Division’s November Newsletter

Rules Updates

• The first set of rules pertaining to House Bill (HB) 701, MAR 42-1033pro, was released on October 20. The public comment period is open until November 29, with a public hearing on November 16.
• The second and third set of rules, MAR 42-1040pro and MAR 42-1042pro, were released on November 3. The public comment period is open until December 6, with a public hearing on November 30.
• We encourage public comment on the rules, and it can be submitted to the department either orally or in writing.

Local Regulations

• Licensees must operate subject to and in compliance with any local regulations adopted pursuant to 16-12-301.
• Please keep informed on what is happening in your area to stay in compliance.

Fire and Code

The licensee must verify that their building use is allowed for what they are using it for; a Change of Use Permit may need to be submitted to ensure this. Building codes will then visit to verify with an inspection, followed by a fire marshal inspection.

Outdoor Grows, Hoop Houses, and Green Houses

Licensees should be aware of upcoming changes to how hoop houses are designated. Under HB 701, hoop houses will be considered indoor cultivation until October of 2023. Thereafter, they will be considered outdoor cultivation.

Combined with the Legislature's determination that only former medical marijuana licensees engaged in outdoor cultivation before November 3, 2020 may continue to engage in outdoor cultivation, this means that licensees with hoop houses, but no other form of outdoor cultivation, will need to discontinue using hoop houses by October of 2023.

Licensees are encouraged to voice their concerns to the Legislature.

Background Checks

Recently, individuals who hold agent badges received a letter from the CCD reminding them of the requirement in HB 701 to undergo a criminal background check within 90 days of January 1, 2022. CCD is encouraging all badge holders to make arrangements to submit their fingerprints and consent forms as soon as possible.

December Renewals

Stay tuned! If you're renewing in December, you'll be receiving specific communications regarding your renewal and transition from medical to adult-use. A FAQ will be available on our website soon at MTRevenue.gov/Cannabis.

Listening Session

Thanks to those of you who made our Listening Session on Friday, October 22 a success! Keep an eye out for additional Listening Sessions in the future.