Disclaimer: The information in this article regarding marijuana is drawn from comprehensive research. We make every effort to share the most accurate information available at the time of writing. To this end, our approach to sourcing information prioritizes accuracy, relevance, and engagement by leveraging academic journals and databases, government and educational institution websites, Open Educational Resources (OER), and reputable news outlets to ensure the information herein is accurate and current.
However, the legal status of cannabinoids varies by jurisdiction and can change status over time. The reader is advised to check the legal status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.
Introduction
Recreational weed has been legal for all Montana residents aged 21 and older from January 1st, 2021. This is an important milestone for the state, which has already legalized marijuana for medical use. Meanwhile, it is important to take into account all the current laws regarding weed in Montana.
Weed/marijuana is currently listed as a Schedule I hallucinogenic substance in the US Controlled Substances Act, hence possessing any amount of marijuana for personal use without a medical license is a serious crime and punishable by imprisonment and fines.
Possessing any amount less than 60 grams of recreational weed is considered a misdemeanor and carries a three year maximum jail sentence and a $1,000 maximum fine. Subsequent offenses can be punished by as much as 3 years in prison, as well as $1,500 in fines.
With cannabis laws changing time after time, it's vital to understand the legal status of marijuana in your state. Today, we shine the spotlight on Montana.
Key Takeaways
- Since 1 January 2021, recreational marijuana has been legal for Montana residents aged 21 years and above.
- Montana was among the first states to legalize medical marijuana with a ballot initiative (I-148) in 2004. Since then, the list of conditions for which medical marijuana can be approved has expanded.
- Montana legalized the cultivation of hemp for industrial purposes in 2001, defining the plant as an agricultural crop so long as it contains less than 0.3% THC.
- These restrictions remain even though marijuana is legalized for recreational use and/or medical purposes.
Medical Use of Weed in Montana
Montana was one of the first states to allow the medical use of weed by passing two laws: CI-118 and I-119 by an overwhelming majority. Since then, Senate Bill 423 had looked to expand the state’s list of approved conditions.
Like in other medical marijuana states, patients in Montana must have a debilitating condition supported by a written statement from a doctor, be over the age of 18 and approved by the medical marijuana program to access weed safely.
Initiative 182 eliminated the three-patient limit for medical providers as well as the limit to assist a certain number of patients. Also, the services and products provided to marijuana patients can now be lucrative for these caregivers since they were not allowed to obtain anything of value, including money. Regarding the list of qualifying conditions, Post Traumatic Stress Disorder (PTSD) was included.
Adult-use cannabis businesses started operating in Montana in January 2022, and, as of March 2023, the state had collected an excess of $53 million in taxes from adult-use cannabis sales, after paying for the costs of administering the program. That money goes into a constitutionally restricted fund for substance abuse treatment, services for the families of veterans, and conservation.
How Can I Get My Medical Card?
Anyone who wants to apply for the medical card must register with the DPHHS’s Quality Assurance Division, besides submitting the diagnosis statement written by a licensed physician to guarantee a legal purchase of cannabis.
Having a valid Montana ID that identifies you as a resident is also a must. Finally, to be approved by the state’s medical-marijuana program, the patient must have one or more of the following qualifying medical conditions:
- Severe chronic pain
- Cachexia
- Intractable nausea or vomiting
- Hospice care admittance
- Crohn’s disease
- Multiple Sclerosis
- Glaucoma
- Cancer
- HIV/AIDS
- Epilepsy
- Peripheral neuropathy
- Severe chronic pain
- Intractable nausea or vomiting
- Muscle spasms
Purchase and Consumption of Weed In Montana
While recreational and medical marijuana may be legal in Montana, there are rules and regulations guiding the process of buying and possessing marijuana.
- Registered patients need to be 18 years of age and older to purchase cannabis from a dispensary storefront or cultivate their cannabis.
- Providers delivering the product to patients need to be registered.
- Children under 18 must identify a parent or legal guardian as their provider and receive ID cards.
- Providers must be Montana residents, obtain business licenses, and undergo fingerprinting and criminal background checks. Fees range from $100 for a relative caregiver to $5,000 for a provider with 50 or more patients. Dispensaries must also be registered and licensed.
- The business owners must submit fingerprints and undergo a background check. Dispensaries must have a permission form from the landlord if they are using a space other than their own.
- If a registered patient has not listed a provider, they may possess up to 1 ounce of usable cannabis as well as four mature plants and 12 seedlings.
- A registered provider is allowed to have up to 1 ounce of usable cannabis, as well as four mature plants and 12 seedlings for each registered cardholder who has named the provider in their application.
Cultivation of Cannabis in Montana
In 2004, Montana legalized medical marijuana via a voter-approved ballot initiative. Despite spirited attempts to block access to medical marijuana via SB 423, voters overwhelmingly approved I-182 in 2016, reopening access to medical cannabis.
All this means hemp is also legal in Montana. Naturally, growers require a license to cultivate hemp in Montana and must comply with Section 80-18-101 through 80-18-111 of MCA and ARM 4.19.101-202. The license authorizes growers to produce hemp in a particular growing area.
Montana has moved forward with commercial hemp growing since the federal legalization of hemp in December 2018. In March 2020, the U.S. Department of Agriculture approved the commercial hemp program proposed by the Montana Department of Agriculture Under Federal Law in the United States, hemp-derived CBD products are legal; however, individual states can enact their own laws governing hemp-derived CBD.
Currently, Montana regulates hemp farming through its 2023 State Hemp Program as a USDA approved plan. Interested individuals are encouraged to review Montana's hemp plan to understand the requirements and procedures related to hemp farming.
Current Legal State of Weed in Montana
During the 2023 legislative year, state lawmakers considered updating the existing laws governing the sale of marijuana. For example, House Bill 128 intended several tweaks including extending a two-year moratorium on new marijuana businesses.
Currently, only businesses that were selling medical marijuana before the 2020 legalization vote can sell adult-use marijuana. Note that medical marijuana licensing is handled by the Montana Department of Revenue. Adult-use marijuana is handled by a different department.
Possession Limits for Recreational and Medical Marijuana In Montana
Medical marijuana users and adult-use consumers can buy or have one ounce of marijuana flowers or its equivalent:
- 8 gm or 8ml of THC in marijuana concentrate
- 800 mg of THC-infused products or edibles
Medical patients can buy 5 ounces a month, while non-medical buyers are limited to one ounce per day. Moreover, licensed recreational marijuana users can grow two mature plants and two seedlings in a private, locked area not visible from public view Medical marijuana licensed-holders can grow four mature plants and four seedlings in a private, locked area not visible from public view.
Marijuana products sold at a dispensary to adult-use consumers are regulated and packaged in accordance to the concentrations of the THC. This is indicated in the table below.
| Product Type | THC Limit per Unit | THC Limit per Package |
|---|---|---|
| Marijuana Flower | 1 ounce (35% THC) | N/A |
| Tincture | 800 mg THC | N/A |
| Capsules | 100 mg THC per capsule | 800 mg THC |
| Edibles | 100 mg THC | 10 mg THC per serving |
| Topical Product | 6% THC | 800 mg THC |
| Suppository | <100 mg THC | N/A |
| Transdermal Patch | <800 mg THC | N/A |
| Other Marijuana Product | 800 mg THC | N/A |
A registered cardholder may purchase or possess any combination of marijuana flower, marijuana-infused products, and marijuana concentrate where the aggregate weight of the marijuana flower and marijuana-infused products does not exceed the limits on the total amount that may be purchased or possessed.
Weed in Montana: Frequently Asked Questions
Here are some common user questions regarding weed in Montana:
Where in Montana is weed legal?
Recreational weed is legal in a select counties in Montana (referred to as "green counties.") It is obtainable only from licensed dispensaries in these counties.
Can I smoke in my car in Montana?
Yes, the law does not apply to private residences including personal cars.
What is the legal smoking age in Montana?
The legal smoking age in Montana is 21 years. This applies to tobacco and weed.
References:
- https://leg.mt.gov/bills/2023/HB0199/HB0128_X.pdf
- https://agr.mt.gov/_docs/industrialhemp-docs/MT-State-Hemp-Plan.pdf
- http://www.mtrules.org/gateway/ChapterHome.asp?Chapter=4%2E19
- http://leg.mt.gov/bills/mca/title_0800/chapter_0180/part_0010/sections_index.html
- https://leg.mt.gov/bills/2023/SB0499/SB0423_1.pdf
- https://leg.mt.gov/bills/mca/title_0500/chapter_0460/part_0030/section_0020/0500-0460-0030-0020.html
- https://www.mpp.org/states/montana/
- https://sosmt.gov/Portals/142/Elections/archives/2010s/2016/I-182.pdf
- https://leg.mt.gov/bills/2023/SB0499/SB0423_1.pdf
- https://online-store-web.shopifyapps.com/articles/
- https://www.dea.gov/drug-information/csa#
This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis laws in the US, the information herein may become outdated at any time.
Additionally, this article is NOT intended to be legal advice. Botany Farms does NOT provide any legal advice; neither does any individual nor entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws in your state.
