Open A Dispensary In Montana - Dispensary Permits Cannabis Consulting and Templates

Status: In Montana, adults 21+ may possess and use marijuana, and registered patients may possess and use marijuana. State licensed providers and marijuana-infused product providers may produce and dispense marijuana and marijuana-infused products to registered cardholders.

CBD Program	Medical Program	Recreational Program	Are Applications Open?
Legal	Legal	Legal	open

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Number of Montana Marijuana Business Licenses Licenses Available

Dispensaries	Cultivation	Manufacturing/Processing	Transportation
1000+	1000+	1000+	0

Every state has different marijuana laws- they are regulated by state, not federal law. Some states allow marijuana for recreational and medical use, some states only allow medical use, and some only allow certain low THC products for medical use. Most states limit the number of licenses they will grant and the window to apply for them. Getting licenced is never simple- there are very specific requirements and guidelines that differ by state and its usually highly competitive, which is why most successful applicants work with consultants like Dispensary Permits to help guide them. We highly advise you read the guidelines below thoroughly and then consider working with a consultant or using our templates and guides.
You can read the full text of the Montana Marijuana Business Licenses law at: http://leg.mt.gov

Montana Medical Marijuana Provider License Guidelines

A provider license is required to cultivate and sell medical marijuana to registered cardholders. With the passing of Senate Bill 265, provider licenses will be tiered by the following canopy space increments:

- A micro tier canopy license allows for a canopy of up to 250 square feet at one registered premises.
  - A $500 application fee is required for a micro tier canopy license.

- A tier 1 canopy license allows for a canopy of up to 1,000 square feet at one registered premises. A minimum of 500 square feet must be equipped for cultivation.
  - A $1,000 application fee is required for a tier 1 canopy license.
- A tier 2 canopy license allows for a canopy of up to 2,500 square feet at up to two registered premises. A minimum of 1,100 square feet must be equipped for cultivation.
  - A $2,500 application fee is required for a tier 2 canopy license.
- A tier 3 canopy license allows for a canopy of up to 5,000 square feet at up to three registered premises. A minimum of 2,600 square feet must be equipped for cultivation.
  - A $5,000 application fee is required for a tier 3 canopy license.
- A tier 4 canopy license allows for a canopy of up to 7,500 square feet at up to four registered premises. A minimum of 5,100 square feet must be equipped for cultivation.
  - A $7,500 application fee is required for a tier 4 canopy license.
- A tier 5 canopy license allows for a canopy of up to 10,000 square feet at up to five registered premises. A minimum of 7,750 square feet must be equipped for cultivation.
  - A $10,000 application fee is required for a tier 5 canopy license.
- A tier 6 canopy license allows for a canopy of up to 13,000 square feet at up to five registered premises. A minimum of 10,250 square feet must be equipped for cultivation.
  - A $13,000 application fee is required for a tier 6 canopy license.
- A tier 7 canopy license allows for a canopy of up to 15,000 square feet at up to five registered premises. A minimum of 13,250 square feet must be equipped for cultivation.
  - A $15,000 application fee is required for a tier 7 canopy license.
- A tier 8 canopy license allows for a canopy of up to 17,500 square feet at up to five registered premises. A minimum of 15,250 square feet must be equipped for cultivation.
  - A $17,500 application fee is required for a tier 8 canopy license.

- A tier 9 canopy license allows for a canopy of up to 20,000 square feet at up to six registered premises. A minimum of 17,775 square feet must be equipped for cultivation.
  - A $20,000 application fee is required for a tier 9 canopy license.

RECOMMENDED MONTANA MARIJUANA BUSINESS PLANS FOR PROVIDER APPLICATION:

Montana Medical Marijuana-Infused Provider License Guidelines

A marijuana-infused product provider license is required to cultivate, manufacture and provide marijuana-infused products for a registered cardholder. A chemical manufacturing endorsement is required to produce marijuana concentrates as a marijuana-infused product provider. With the passing of Senate Bill 265, the Department is to draft rules which establish the fees for chemical manufacturing endorsements.

With the passing of Senate Bill 265, marijuana-infused product provider licenses will be tiered by the following canopy space increments:

- A micro tier canopy license allows for a canopy of up to 250 square feet at one registered premises.
  - A $500 application fee is required for a micro tier canopy license.

- A tier 1 canopy license allows for a canopy of up to 1,000 square feet at one registered premises. A minimum of 500 square feet must be equipped for cultivation.
  - A $1,000 application fee is required for a tier 1 canopy license.
- A tier 2 canopy license allows for a canopy of up to 2,500 square feet at up to two registered premises. A minimum of 1,100 square feet must be equipped for cultivation.
  - A $2,500 application fee is required for a tier 2 canopy license.
- A tier 3 canopy license allows for a canopy of up to 5,000 square feet at up to three registered premises. A minimum of 2,600 square feet must be equipped for cultivation.
  - A $5,000 application fee is required for a tier 3 canopy license.
- A tier 4 canopy license allows for a canopy of up to 7,500 square feet at up to four registered premises. A minimum of 5,100 square feet must be equipped for cultivation.
  - A $7,500 application fee is required for a tier 4 canopy license.
- A tier 5 canopy license allows for a canopy of up to 10,000 square feet at up to five registered premises. A minimum of 7,750 square feet must be equipped for cultivation.
  - A $10,000 application fee is required for a tier 5 canopy license.
- A tier 6 canopy license allows for a canopy of up to 13,000 square feet at up to five registered premises. A minimum of 10,250 square feet must be equipped for cultivation.
  - A $13,000 application fee is required for a tier 6 canopy license.
- A tier 7 canopy license allows for a canopy of up to 15,000 square feet at up to five registered premises. A minimum of 13,250 square feet must be equipped for cultivation.
  - A $15,000 application fee is required for a tier 7 canopy license.
- A tier 8 canopy license allows for a canopy of up to 17,500 square feet at up to five registered premises. A minimum of 15,250 square feet must be equipped for cultivation.
  - A $17,500 application fee is required for a tier 8 canopy license.

- A tier 9 canopy license allows for a canopy of up to 20,000 square feet at up to six registered premises. A minimum of 17,775 square feet must be equipped for cultivation.
  - A $20,000 application fee is required for a tier 9 canopy license.

RECOMMENDED MONTANA MARIJUANA BUSINESS PLANS FOR INFUSED PRODUCT PROVIDER APPLICATION:

Montana Medical Marijuana Dispensary License Guidelines

A dispensary license is required to have premises from which a provider or marijuana-infused products provider is approved by the department to dispense marijuana or marijuana-infused products to a registered cardholder. Local governments are allowed to ban or allow providers from operating dispensaries or as a storefront business.

A $500 application fee is required for one dispensary location, a $5,000 application fee is required for two or three dispensary locations, a $25,000 application fee is required for four or five dispensary locations, and a $100,000 application fee is required for six or more locations.

Zoning requirements: Proposed registered premises or testing laboratories cannot be within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school or postsecondary school other than a commercially operated school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee’s premises.

RECOMMENDED MONTANA MARIJUANA BUSINESS PLANS FOR DISPENSARY APPLICATION:

Montana Medical Marijuana Testing Laboratory License Guidelines

A testing laboratory license is required to provide testing of small samples of marijuana and marijuana-infused products; and provide information regarding the chemical composition, the potency of a sample, and the presence of molds or pesticides in a sample.

Zoning requirements: Dispensaries and testing laboratories cannot be within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school or postsecondary school other than a commercially operated school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee’s premises.

With the passing of Senate Bill 265, the Department is to draft new rules which establish the fees for testing laboratories.

RECOMMENDED MONTANA MARIJUANA BUSINESS PLANS FOR TESTING APPLICATION:

Product Safety Plan Template

The History of Montana Marijuana Business Licenses Marijuana

Recreational Marijuana Program Overview:
Activists in Montana submitted more than 130,000 signatures on June 19 to qualify the pair of legalization initiatives for the November 2020 ballot. The group needed to gather 26,100 signatures from registered voters for I-190, which would legalize the use and possession of cannabis in Montana. The group needed another 51,000 signatures for the Constitutional Initiative 118, which would define the legal marijuana consumption age of 21.

On August 13, 2020, the two measures were certified to appear on the November ballot to be decided on by voters.

On November 3, 2020, Initiative 190 passed with 56.58% voting in favor of marijuana legalization, while Constitutional Initiative 118 passed with 57.71% voting in favor to set the legal age for marijuana use at 21.

The state Department of Revenue will be in charge of regulating and issuing licenses to cannabis business, with applications available by October 1, 2021. The licensing structure will mirror the state’s medical marijuana business licensing with providers, marijuana-infused products providers, and dispensary licenses.

Medical Marijuana Program Overview:
In November of 2004, voters of Montana passed Initiative 148 legalizing a medical marijuana bill. It eliminated criminal sanctions for medical cannabis authorized by a patient’s physician. Possession of as many as six cannabis plants were allowed for home cultivation as the law did not allow for a state-regulated dispensary system.

On May 19th, 2017, SB 333 was signed into law, revising the medical marijuana laws to allow for a state-regulated dispensing system. Under the new law, providers and marijuana-infused product providers can produce and dispense marijuana and marijuana-infused products to registered patients.

The new medical marijuana program was delayed to allow time for the Department of Public Health to draft rules for the Montana Medical Marijuana Act. The rules were finally submitted February 9, 2018, and will take effect April 10, 2018.

In May 2019, the governor signed Senate Bill 265 into law, a major reform to Montana’s medical marijuana system. Senate Bill 265 would make a number of changes, including:

Increasing the tax on marijuana providers’ gross sales from 2% to 4%
Prohibiting providers from contracting with other businesses to process their marijuana into products like edibles or concentrates
No longer requiring patients to name a single provider they will purchase marijuana from if they opt not to grow their own medicine – instead they will be allowed to access an entire system of providers, with an allotment of 5 ounces of marijuana a month.
Providers will be tiered by cultivation canopy space instead of how many cardholders are registered with them, which is a more common approach taken by states in regulating medical cannabis growers within their marijuana programs.

Regulating Department: The Department of Public Health and Human Services. Local governments are allowed to ban or allow providers from operating dispensaries or as a storefront business.

Qualifying conditions: Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status; cachexia or wasting syndrome; severe chronic pain; intractable nausea or vomiting; epilepsy or an intractable seizure disorder; multiple sclerosis; Crohn’s disease; painful peripheral neuropathy; a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms; admittance into hospice care; post-traumatic stress disorder

Program Timeline:
April 2, 2018 – The state’s licensing registration system, Complia, became available to the public
April 10, 2018 – The Rules governing the Montana Medical Marijuana Act became effective
October 1, 2019 – The department shall make applications for tier-based licenses available for providers who were issued licenses or had applications pending in 2018.
January 1, 2020 – The department shall make applications for tier-based licenses available to the public
November 3, 2020 – Voters passed both adult-use marijuana legalization initiatives
October 1, 2021 – The department shall make applications for adult use marijuana businesses available