Variance with Ingestible Marijuana-Infused Products
House Bill 229 becomes effective on October 1st, 2023. This bill allows for a deviation of 10% for ingestible marijuana-infused products. Ingestible marijuana-infused products can be sold to adult-use consumers within the 10% deviation. The packaging may state 10 milligrams per dose and/or 100 milligrams per package. However, the label must still state the accurate milligrams per dose and per package. For example, the packaging states “100mg per package”, but the analytical label states “110 mg per package”. This package of ingestible infused-marijuana would be legal to sell to adult-use consumer. For advice on entering products in Metrc with variances, contact your inspector.
Where Do Civil Penalty Fines Go?
MCA 16-12-111 details the distribution of funds from marijuana taxes, licensing fees, and civil penalties. Per this law, these funds are transferred to a special revenue account within the state special revenue fund. At the end of the fiscal year, a 3-month operating reserve for operating costs for the next fiscal year is allocated for the Cannabis Control Division (CCD). Subsequent funds are then allocated to designated accounts, while any remaining revenue is sent to the general fund for the state of Montana. The operating funds for the CCD are determined in House Bill 2. Click the link below for more information on civil penalties
Is Public Consumption Legal?
The short answer is no. MCA 16-12-108(1)(i) limitations of act states, “This chapter does not permit consumption of marijuana or marijuana products in a public place, except as allowed by the department.” The department has not approved any public place to allow consumption of marijuana or marijuana products. Additionally, MCA 16-12-106(4) states, “a person who smokes marijuana in a public place, other than in an area licensed for that activity by the department, is subject to a civil fine not exceeding $50.”
Unobstructed and Conspicuous Labeling
Labels must be affixed to packaging in a way that is unobstructed and conspicuous to the consumer at the point of sale, per ARM 42.39.314. This allows the customer to view the analytical information for the product inside prior to, and at the point of sale. If you plan to place a label on the inside of a package, it must be visible through a clear window, and cannot be shifted to hide any information.
Sean Hocking
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