Does Montana have a recreational use program?

Yes, recreational use is legal in Montana. People in Montana were able to legally use marijuana for recreational purposes in 2020 after I-190 passed the ballot. This later turned into HB 701, which let people in Montana who were 21 or older have up to 1 oz of marijuana.

The law also lets adults grow up to two marijuana plants at home, one seedling and one fully grown plant. Montana didn’t start letting people grow marijuana at home for recreation until July 1, 2023.

Does Montana have a medical program?

Yes, medical cannabis is legal in Montana. In 2004, Initiative 148 (I-148) was put on the ballot and passed, which made the Montana Medical Marijuana Act law. With a 62% vote, Montana voters agreed to make medical marijuana legal in the state.

This law set up the Montana Medical Marijuana Program and put it under the control of the Montana Department of Public Health and Human Services (DPHHS).

What are the rules for medical use?

Patients with medical marijuana cards can buy medical marijuana from licensed dispensaries under the Montana Medical Marijuana Act. The Cannabis Control Division (CCD) will give medical marijuana cards to people with certain serious medical conditions as long as they have written certifications from licensed doctors saying that medical marijuana treatment would help them. For medical cannabis cards, the state does not take paper applications. TAP is the only way to apply for a medical marijuana card.

Anyone who wants to get a medical marijuana card in Montana must be a resident of the state and show proof of residency.

Montana allows minors to get medical marijuana cards as long as their parents or legal guardians agree to give them marijuana-infused products.

What are the qualifying medical conditions for eligibility?

• Glaucoma
• Cancer
• Cachexia
• Crohn’s disease
• Human immunodeficiency virus (HIV)
• Acquired immunodeficiency syndrome (AIDS)
• Post-traumatic stress disorder
• Painful peripheral neuropathy
• Epilepsy
• Admittance into hospice care
• Central nervous system disorder
• Severe chronic pain that interferes with daily activities and documented by patients treating physician

What are the medical program limits?

A Montana medical marijuana cardholder can buy up to 5 ounces of usable cannabis a month, or up to 1 ounce of cannabis every day.

What methods of use are permitted under the medical program?

The highest amount of THC that dispensaries can sell in marijuana flowers is 35%. There may be no more than 100 mg of THC in each capsule, suppository, or transdermal patch that is sold as marijuana. Also, the whole package of these items can’t have more than 800 mg of THC.

Montana law says that topical marijuana products can’t have more than 6% THC and no more than 800 mg of THC per package. Foods like cookies and candy that are infused with marijuana can only have 10 mg of THC per serving and a total of 100 mg.

Medical marijuana products may have higher levels of THC than recreational marijuana products are allowed to have, so the rules about THC content don’t apply to them. Concentrates of marijuana, like shatter and terp sauce, are sold in smoke shops in Montana.

Is there home delivery for medical cannabis?

Yes. In Montana, it is against the law to offer or use marijuana delivery services for recreational consumers.

However, it is legal to deliver medical marijuana. Patients who have signed up for the state’s medical marijuana program can get up to an ounce of marijuana every day. Only registered cardholders’ addresses can get deliveries, and the cardholders must show the delivery agents a valid registry ID card before they can get their orders.

Is CBD legal in Montana?

Yes, CBD is legal in Montana. According to the 2018 Farm Bill, anybody can use CBD made from hemp as long as it doesn’t have more than 0.3% THC. However, in Montana, CBD with more THC is sold in marijuana dispensaries for medical reasons.

At the moment, there are no limits on how much CBD a person can have as long as the CBD product has less than 0.3% THC. There may be different rules for CBD from marijuana that has more THC in it.

Is cannabis decriminalized in Montana?

Yes, cannabis is decriminalized in Montana.

People in Montana who are caught with 1-2 oz of marijuana for the first time will be given a civil infraction and have to pay a $200 fine. A second offense comes with a civil infraction and a $300 fine or six hours of community service.

If someone is caught with more than 2 oz of marijuana, they are charged with a felony. This could get you up to five years in prison or a $45,000 fine.