# Mont. Code Ann. § 16-12-108: 16-12-108 Limitations of act > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-108 ## Section - **Citation:** Mont. Code Ann. § 16-12-108 - **Heading:** 16-12-108 Limitations of act - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 16 / Chapter 12 / Part 1 / Section 16-12-108 ## Text 16-12-108 . Limitations of act. (1) This chapter does not permit: (a) any individual to operate, navigate, or be in actual physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana or marijuana products; (b) consumption of marijuana or marijuana products while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated; (c) smoking or consuming marijuana while riding in the passenger seat within an enclosed compartment of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated; (d) production, delivery, distribution, purchase, or consumption of synthetic cannabinoid products; (e) delivery or distribution of marijuana or marijuana products, with or without consideration, to a person under 21 years of age, unless the person is a registered cardholder; (f) purchase, consumption, or use of marijuana or marijuana products by a person under 21 years of age, unless the person is a registered cardholder; (g) possession or transport of marijuana or marijuana products by a person under 21 years of age unless the underage person is a registered cardholder or is at least 18 years of age and is an employee of a marijuana business licensed under this chapter and engaged in work activities; (h) possession or consumption of marijuana or marijuana products or possession of marijuana paraphernalia: (i) on the grounds of any property owned or leased by a school district, a public or private preschool, school, or postsecondary school as defined in 20-5-402 ; (ii) in a school bus; (iii) in a health care facility as defined in 50-5-101 ; or (iv) on the grounds of any correctional facility; (i) using marijuana or marijuana products in a location where smoking tobacco is prohibited; (j) smoking marijuana in a hotel or motel room, except for a hotel or motel room that is designated as a smoking room and rented to a guest; (k) consumption of marijuana or marijuana products: (i) in a public place, except as allowed by the department; or (ii) on trains, buses, or other forms of public transportation. (l) conduct that endangers others; (m) undertaking any task while under the influence of marijuana or marijuana products if doing so would constitute negligence or professional malpractice; or (n) performing solvent-based extractions on marijuana using solvents other than water, glycerin, propylene glycol, vegetable oil, or food-grade ethanol unless licensed for this activity by the department. (2) (a) A violation of subsections (1)(h)(i) through (1)(h)(iii) and (1)(i) through (1)(k) is subject to the penalties provided for in 50-40-115 . (b) In addition to the penalties provided for in 50-40-115 , a person in violation of subsection (1)(h)(iv) may be subject to administrative action by the department of corrections and the department of justice, and a violation of subsection (1)(h)(iv) may be subject to the penalties provided for in 45-7-307 . (c) A violation of subsection (1)(n) is subject to the penalties provided for in 45-9-110 (3). (3) A person may not cultivate marijuana in a manner that is visible from the street or other public area. (4) A hospice or residential care facility licensed under Title 50, chapter 5, may adopt a policy that allows use of marijuana by a registered cardholder. (5) Nothing in this chapter may be construed to: (a) require an employer to permit or accommodate conduct otherwise allowed by this chapter in any workplace or on the employer's property; (b) prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while intoxicated by marijuana or marijuana products; use of marijuana by a registered cardholder. (5) Nothing in this chapter may be construed to: (a) require an employer to permit or accommodate conduct otherwise allowed by this chapter in any workplace or on the employer's property; (b) prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while intoxicated by marijuana or marijuana products; (c) prevent an employer from declining to hire, discharging, disciplining, or otherwise taking an adverse employment action against an individual with respect to hire, tenure, terms, conditions, or privileges of employment because of the individual's violation of a workplace drug policy or intoxication by marijuana or marijuana products while working; (d) prohibit an employer from including in any contract a provision prohibiting the use of marijuana for a debilitating medical condition; or (e) permit a cause of action against an employer for wrongful discharge pursuant to 39-2-904 or discrimination pursuant to 49-1-102 . (6) Nothing in this chapter may be construed to prohibit a person from prohibiting or otherwise regulating the consumption, cultivation, distribution, processing, sale, or display of marijuana, marijuana products, and marijuana paraphernalia on private property the person owns, leases, occupies, or manages, except that a lease agreement executed after January 1, 2021, may not prohibit a tenant from lawfully possessing and consuming marijuana by means other than smoking unless required by federal law or to obtain federal funding. (7) A licensee who violates 15-64-103 or 15-64-104 or fails to pay any other taxes owed to the department under Title 15 is subject to revocation of the person's license from the date of the violation until a period of up to 1 year after the department certifies compliance with 15-64-103 or 15-64-104 . (8) Unless specifically exempted by this chapter, the provisions of Title 45, chapter 9, apply to the conduct of consumers, licensees, and registered cardholders. ## Nearby sections - [Mont. Code Ann. § 16-12-101 16-12-101 Short title -- purpose](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-101.md) - [Mont. Code Ann. § 16-12-102 16-12-102 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-102.md) - [Mont. Code Ann. § 16-12-103 16-12-103 Department authority](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-103.md) - [Mont. Code Ann. § 16-12-104 16-12-104 Department responsibilities -- licensure](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-104.md) - [Mont. Code Ann. § 16-12-105 16-12-105 Department responsibility to monitor and assess marijuana production, testing, sales, and license revocation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-105.md) - [Mont. Code Ann. § 16-12-106 16-12-106 Personal use and cultivation of marijuana -- penalties](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-106.md) - [Mont. Code Ann. § 16-12-107 16-12-107 Legal protections -- allowable amounts](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-107.md) - [Mont. Code Ann. § 16-12-108 16-12-108 Limitations of act](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-108.md) - [Mont. Code Ann. § 16-12-109 16-12-109 Unlawful conduct by licensees -- penalties](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-109.md) - [Mont. Code Ann. § 16-12-110 16-12-110 Legislative monitoring](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-110.md) - [Mont. Code Ann. § 16-12-111 16-12-111 Marijuana state special revenue account -- operating reserve -- transfer of excess funds](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-111.md) - [Mont. Code Ann. § 16-12-112 16-12-112 Rulemaking authority -- fees](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-112.md) - [Mont. Code Ann. § 16-12-113 16-12-113 Decriminalized acts -- petition for expungement or resentencing -- retroactive application](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-113.md) - [Mont. Code Ann. § 16-12-114 16-12-114 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T16_C12_P1_S16-12-108. Check the current official text before relying on it. Not legal advice.