Adoption Notice: MAR No. 2026-93.2

Notice Of Adoption

MAR Notice No. 2026-93.2

Summary

Revisions to Marijuana Packaging and Labeling Rules to Implement House Bill 792 (2025)

Previous Notice(s) and Hearing Information

On June 5, 2026, the Department of Revenue (department) published MAR Notice No. 2026-93.1 pertaining to the proposed amendment of ARM 42.39.122, 42.39.314, and 42.39.319 in the 2026 Montana Administrative Register, Issue Number 11.  The department did not receive any requests for a public hearing.  The department did receive combined comments to the rulemaking from Tyler Klimas and Shawn Collins.

Final Rulemaking Action – Effective August 22, 2026

Amend As Proposed

The agency has amended the following rules as proposed:

42.39.314 General Labeling Requirements

Amend With Changes

The agency has amended the following rules with the following changes from the original proposal, stricken matter interlined, new matter underlined:

42.39.122 Licensed Premises – Mandatory Signage

1. A marijuana business licensee must conspicuously display and make available its site identification certificate at each licensed premises.
2. All marijuana business licensees, except for marijuana dispensaries, must conspicuously post a notice at each entry to a licensed premises that contains all of the following: "Persons under twenty-one years of age not permitted on these premises without a valid worker permit."
3. All marijuana dispensaries must conspicuously post a notice or notices at each entry to the licensed premises that contains all of the following language:
   1. "Persons under twenty-one years of age not permitted on these premises without a valid registry identification card or valid worker permit.  Registered cardholders under the age of 18 must be accompanied by a legal guardian."
   2. "No on-site consumption of marijuana or marijuana products." and
   3. "No on-site opening of marijuana or marijuana products."
4. All marijuana dispensaries must conspicuously display the poster required by 16-12-215, MCA, at each point-of-sale such that it is clearly visible to a customer.  The poster is provided by the department and available for download at deleted: inserted: https://revenue.mt.gov/card/cannabis/#programResources, end inserted, end deleted inserted: https://revenue.mt.gov/card/cannabis/, end inserted.
5. A marijuana dispensary that is not permitted to sell marijuana or marijuana products to adult use consumers, or a marijuana dispensary that elects not to sell marijuana or marijuana products to adult use consumers, must conspicuously post a notice at the entry to the licensed premises visible from outside that contains all of the following language: "This dispensary is licensed for medical marijuana sales only. No sales will be permitted without a valid registry identification card."

Authorizing statute(s): 16-12-112, MCA

Implementing statute(s): 16-12-101, 16-12-112, 16-12-203, 16-12-207, MCA

42.39.319 Packaging Requirements

1. All packaging of marijuana and marijuana products shall:
   1. protect the product from contamination and shall not impart any toxic or deleterious substance to the marijuana or marijuana product;
   2. be capable of being resealed if the package contains more than one serving size;
   3. not primarily appeal to children.  Packaging that primarily appeals to children includes but is not limited to packaging that:
      1. depicts a child;
      2. portrays objects, images, celebrities, or cartoon figures that primarily appeal to children or are commonly used to market products to children; or
      3. otherwise has special attractiveness for children beyond the general attractiveness for adults;
   4. not bear any reasonable resemblance to the trademarked or characteristic packaging of any commercially available product including but not limited to candy, snacks, baked goods, or beverages.
2. All marijuana and marijuana products provided to customers at the point of sale shall be in exit packaging that:
   1. is child resistant as defined in ARM 42.39.102;
   2. is opaque; 
   3. contains the warnings required by 16-12-215, MCA, in the format required by 16-12-208, MCA; and
   4. contains the quick response (QR) code required by 16-12-215, MCA.  Licensees must use the QR code provided by the department which is available for download at deleted: https://revenue.mt.gov/card/cannabis/#programResources, end deleted inserted: https://revenue.mt.gov/card/cannabis/, end inserted.
3. Drinkable marijuana products that contain more than one serving per package must include a device or mechanism for measuring a single serving of the product.
4. Exit packaging of marijuana and marijuana products provided to customers at the point of sale may not contain any other information or design elements than what is allowed under 16-12-208(6)(b)(ii), MCA.

Authorizing statute(s): 16-12-112, MCA

Implementing statute(s): 16-12-101, 16-12-112, 16-12-208, MCA

Statement of Reasons

The agency has considered the comments and testimony received. A summary of the comments received, and the agency’s responses are as follows:

Comment 1: Tyler Klimas and Shawn Collins submitted combined comments to the department that requested the extension of the implementation behind House Bill 792 and the intent of standardizing QR codes towards the certificate of analysis QR code the label must carry under ARM 42.39.314(3)(g). The commenters acknowledge and support the department’s authority in this regard and they provided a detailed letter and rationale why the department should adopt the recommendations.

Response 1: The department appreciates the time and effort put into the comments provided. Unfortunately, the comments exceed the scope of this particular rulemaking and cannot be adopted at this time. However, the department appreciates the insights of Messrs. Klimas and Collins and will take them under advisement for future rulemaking.

Comment 2: After the publication of the proposal notice for this rulemaking, the department was informed of a technical complication (i.e. a “fragment identifier”) with the URL proposed for the location of the downloadable resources in ARM 42.39.122(4) and 42.39.319(2)(d).

Response 2: The department has amended the affected rule sections upon adoption with the preferred URL structure to avoid any potential future complications for licensees accessing the downloadable materials.

Contact

Todd Olson, Rule Reviewer - Department of Revenue, Legal Services Office

(406) 444-7905

todd.olson@mt.gov

Rule Reviewer

Todd Olson

Approval

Brendan Beatty, Director of Revenue