Signed by Governor Greg Gianforte

Vote Smart's Synopsis:

Vote to pass a bill that amends the state's marijuana laws to outline directions for employee drug testing and to provide certain exceptions for medical marijuana.

Highlights:

• Establishes the opportunity to rebut or explain test results does not need to be given to an individual who tested positive for marijuana and who does not have a registry identification card issued by the Department of Public Health and Human Services (Sec. 1).

• Specifies if the injury is established by objective medical findings and if the claimant establishes that it is more probable than not that (Sec. 4-3):

• A claimed injury has occurred; or

• A claimed injury has occurred and aggravated a pre existing condition.

• Specifies if an employee fails or refuses to take a drug test after an accident and if the testing procedures comply with federal drug testing statutes and administrative regulations applicable to private sector employers and employees, there is a presumption that the major contributing cause of the accident was the employee’s use of drugs not prescribed by a physician (Sec. 4-5.b).

• Establishes an insurer is liable for an occupational disease only if the occupational disease (Sec. 4-12):

• Is established by objective medical findings; and

• Arises out of or is contracted in the course and scope of employment.

• Establishes an insurer is liable for an injury only if the injury is established by objective medical findings and if the claimant establishes that it is more probable than not that (Sec. 39-71-407-3.a):

• A claimed injury has occurred; or

• A claimed injury has occurred and aggravated a pre existing condition.

• Specifies if an employee fails or refuses to take a drug test after an accident and if the testing procedures comply with federal drug testing statutes and administrative regulations applicable to private sector employers and employees, there is a presumption that the major contributing cause of the accident was the employee’s use of drugs not prescribed by a physician (Sec. 39-71-407-5.b).

• Requires the Department of Revenue will establish and maintain a registry of persons who receive registry identification cards or licenses under this part. The department shall issue (Sec. 5-1):

• Registry identification cards to Montana residents who have debilitating medical conditions and who submit applications meeting the requirements of this part;

• The following licenses:

• To persons who apply to operate as providers or marijuana-infused products providers and who submit applications meeting the requirements of this part;

• For dispensaries established by providers or marijuana-infused products providers; and

• Through the state laboratory, to testing laboratories that submit applications meeting the requirements of this part; and

• Endorsements for chemical manufacturing to a provider or a marijuana-infused products provider who applies for a chemical manufacturing endorsement and meets requirements established by the department by rule.

• Requires a registered cardholder who possesses mature plants or seedlings to notify the Department of Revenue of the location of the plants and seedlings or any change of location of plants or seedlings. The department will provide the names and locations of cardholders who possess mature plants or seedlings to the local law enforcement agency having jurisdiction in the area in which the plants or seedlings are located (Sec. 5-8.b).

Full Bill Text