The following definitions apply to this chapter:
(1) “Chemical synthesis” means a process to create a chemical substance through a chemical reaction or conversion by human agency, which changes the molecular structure of any chemical substance, including but not limited to those substances derived from the plant Cannabis family Cannabaceae, that involves the use of chemicals and reagents, as opposed to those of natural origin.
(a) The term includes:
- (i) the decarboxylation of synthetic acidic cannabinoids with or without the use of a chemical catalyst; and
- (ii) the decarboxylation of natural acidic cannabinoids with the use of a chemical catalyst.
- (b) The term does not include the decarboxylation of acidic natural cannabinoids without the use of a chemical catalyst.
- (2) “Decarboxylation” means the conversion of an acidic cannabinoid into its neutral form typically with the use of thermal energy such as the conversion of delta-9 THCA into delta-9 THC with heat.
(3) “Natural cannabinoids” or “phytocannabinoids” means a cannabinoid present or occurring naturally in the biomass of the plant Cannabis family Cannabaceae. These may be separated and further purified by chemical or mechanical manufacturing, as defined in ARM 42.39.102, directly from the biomass.
- (a) The term includes cannabinoids produced by the decarboxylation of natural acidic cannabinoids without the use of a chemical catalyst.
(b) The term may include:
- (i) intoxicating or non-intoxicating cannabinoids; and
- (ii) cannabinoids with a synthetic equivalent.
(c) The term does not include:
- (i) synthetic cannabinoids or synthetically derived cannabinoids;
- (ii) cannabinoids produced by the decarboxylation of synthetic acidic cannabinoids with or without the use of a chemical catalyst; or
- (iii) cannabinoids produced by the decarboxylation of natural acidic cannabinoids with the use of a chemical catalyst.
- (4) “Natural cannabinoid product” means consumer products that contain natural cannabinoids and do not include synthetic cannabinoids.
(5) “Synthetic cannabinoids” means the same as provided in 16-12-102, MCA.
(a) The term includes:
- (i) cannabinoids produced by the decarboxylation of synthetic acidic cannabinoids with or without the use of a chemical catalyst; and
- (ii) cannabinoids produced by the decarboxylation of natural acidic cannabinoids with the use of a chemical catalyst.
(b) The term may include:
- (i) intoxicating or non-intoxicating cannabinoids; and
- (ii) cannabinoids with a naturally occurring equivalent.
(c) The term does not include:
- (i) natural cannabinoids; or
- (ii) cannabinoids produced by the decarboxylation of natural acidic cannabinoids without the use of a chemical catalyst.
Authorizing statute(s): 16-12-112, MCA
Implementing statute(s): 16-12-101, 16-12-112, 16-12-117, MCA
History: NEW, 2026 MAR, Notice No. 2025-227, Eff. 3/21/26.