Marijuana Businesses: Weighing Devices & Scales

Overview

This page lists the steps that marijuana businesses should follow to ensure that their weighing devices meet the requirements set forth in Montana Code Annotated (MCA) and the Administrative Rules of the state of Montana (ARM).

Most Montana marijuana business licensees are required to utilize a National Type Evaluation Program (NTEP) approved and licensed weighing device.

NTEP-approved scales

Per the rules and regulations of the state of Montana, a weighing device may not be utilized for commercial purposes unless it is NTEP-approved, inspected, and licensed.

The Montana Weights and Measures Bureau regulates all commercial scales and meters statewide, including weighing devices used by licensed marijuana businesses.

All marijuana businesses required to use weighing devices must utilize NTEP-approved scales that have been inspected by a registered scale service agency and placed into service.

Licenses

Businesses must then apply for a license via the Montana Department of Labor and Industry’s Citizen Portal before commercial use of their device(s).

Finally, an inspector from the Montana Weights and Measures Bureau will need to inspect the device during its commercial use.

As there are a limited number of inspectors available from the Montana Weights and Measures Bureau, their inspectors will contact you to schedule their inspection of your device when they are in your area.

Step 1:

Determine if your business must use a licensed weighing device.

Most marijuana license types will require the use of an NTEP-approved, licensed scale.

Per ARM 42.39.105 (4), a licensee must use a weighing device pursuant to 30-12-203, MCA, and ARM 24.351.101 whenever marijuana is:

  • packaged for sale by weight;
  • bought and sold by weight; and
  • weighed for entry into the seed-to-sale tracking system

Examples of weighing device use by license type:

One example of cultivator use is that they must record the wet weight of all harvested marijuana plants immediately after harvest in the seed-to-sale tracking system.

An example of manufacturer use is that they must record the weight, in the seed-to-sale system, of all packaged marijuana products that will be transported to a dispensary for retail sale.

One example of dispensary use is if a dispensary were to offer “deli style” marijuana flower, this product would require a licensed scale for that purpose.

One possible use by a testing laboratory sampler would be to physically weigh and thus confirm that the entire test batch presented compares accurately with the masses that are recorded in the test batch submitter’s seed-to-sale tracking system.

Step 2:

Ensure your weighing device is NTEP-approved.

The National Type Evaluation Program (NTEP) is a non-profit corporation that tests scales and other weighing devices to ensure they meet government standards set forth per the National Institute of Standards and Technology.

Certificate of Conformance

An NTEP-approved device will usually have a seal adhered to it with a Certificate of Conformance number (CC or CoC). The Certificate of Conformance will typically be notated on smaller scales (e.g., CC or CoC 12-345).

A business may contact the manufacturer if they cannot find the CoC information for their device(s) or they may conduct their own search of the NTEP Certificates of Conformance Database.

Additionally, the business may contact the Weights and Measures Bureau; the bureau can search for the device by the manufacturer and model numbers.

Step 3:

Contact a registered scale service agency to have your device "Placed into Service"

Before you can use a scale for commercial purposes, a registered scale service company will need to place the device into service until a Weights and Measures Bureau representative may conduct their inspection of the device.

Initial placement into service

The Montana Weights and Measures Bureau has a limited number of inspectors available in the state.

Marijuana businesses will need to get their device initially placed into service by a registered scale service agency prior to a Montana Weights and Measures Bureau inspection.

Report submission and service agent seal

After certifying that the device meets the requirements and standards, the registered agent will complete a report that is submitted to the Weights and Measures Bureau prior to the issuance of an eStop business license.

The registered agent will then affix their seal upon the approved device.

Registered scale service agent approval seal on a weighing device.
Sample of a Montana registered scale service agent’s seal on an NTEP weighing device.

Step 4:

Obtain an eStop license for the weighing device.

Marijuana businesses must obtain an e-Stop license for their weighing device at the Montana Department of Labor and Industry’s Citizen Portal.

Businesses must renew their license annually.

Secretary of State Registration Requirement

By having an eStop Business License, you are certifying that you intend to transact business in Montana.

The eStop program also requires you to register to do business in Montana through the Montana Secretary of State’s office.

Questions about eStop Business Licenses:

Questions about business registration with the Secretary of State

Step 5:

State inspection by the Weights and Measures Bureau

An inspector from the Weights and Measures Bureau will contact you to perform their inspection on behalf of the state when they are in your area.

Upon successful inspection of the device, the inspector will adhere the state of Montana Weights and Measures seal.

Step 6:

Prominently display your eStop license.

Marijuana businesses required to use a licensed weighing device must display their eStop license prominently. Ensure that the license is displayed prominently at your place of business at all times.

Step 7:

Meet all annual licensing and inspection requirements

Weighing devices must annually purchase a license through eStop and have an inspection performed by the Weights and Measures Bureau.

Marijuana business licensees that are required to use a weighing device must purchase an annual license through the Montana Department of Labor and Industry’s Citizen Portal.

Each license requires an annual inspection and renewal. Inspectors from the Weights and Measures Bureau will schedule their annual inspection with you when they are in your area.