Montana Marijuana Laws

Montana's path to legal marijuana use has been a long and arduous one, with lawmakers in the state legislature repeatedly passing bills attempting to thwart the will of Montana voters.

Both medical marijuana and adult-use recreational marijuana are legal in the state of Montana, despite the efforts of the state House and Senate in 2023.

While cannabis is legal in Montana, a number of laws restrict its use and carry hefty penalties for violations.

In the following article, we'll examine the pertinent marijuana codes and possession limits you should be aware of. You'll learn about how Montana residents would not be denied in both seeing the creation of a viable medical marijuana program and legalizing adult-use recreational marijuana.

Read on for a better understanding of Montana cannabis laws.

Montana Marijuana Laws and How They Work

Medical marijuana was first legalized in Montana in 2004 with the Medical Marijuana Act. In 2011, Senate Bill 423 throttled access to medical marijuana with restrictions that included limiting the number of patients each doctor could certify for medical cannabis.

The voters responded in 2016 by approving Ballot Initiative 182 to remove those restrictions and expand medical marijuana use in the state.

2020 marked another victory for Monata residents as Ballot Initiative 190 called for the legalization of recreational marijuana sales. Lawmakers responded with House Bill 701, which allows counties to opt out of marijuana sales.

HB 701 also transferred control of the Montana Medical Marijuana Program (MMMP) to the Cannabis Control Division (CCD) of the Montana Department of Revenue (DOR). The CCD also administers the adult-use program that began recreational adult sales from dispensaries on January 1, 2022.

The availability of marijuana for purchase is broken up by county in Montana. Depending on how they chose after HB 701, counties are one of the following:

• Red counties: Adult-use sales are prohibited
• Green counties: Adult-use sales are permitted
• Blue counties: A local option sales tax on all marijuana product sales
• Green/Blue: A local option sales tax on adult-use marijuana product sales
• Red/Blue: A local option sales tax on medical marijuana product sales (adult-use reactional marijuana sales are not legal in these counties)

Counties that don't permit adult-use sales may vote to allow them.

Public use of marijuana is prohibited, but it's a civil infraction instead of a misdemeanor. Violators face a fine of up to $50 and forfeiture of their cannabis. They are still subject to arrest if they're in possession of more than two ounces of cannabis.

Federal law supersedes Montana state law, and it's still a Schedule I drug according to the Controlled Substances Act. You face serious penalties if caught with marijuana on federal lands such as national parks and military bases.

The sale, possession, and use of marijuana paraphernalia is legal for adults. It's a crime to deliver paraphernalia to a minor.

Now that you've got a handle on the basic Montana cannabis laws, let's dig into the two types of cannabis available: adult-use recreational and medical marijuana.

Montana Recreational Use Marijuana Laws

While adult-use recreational marijuana isn't available in every county, it's legal to possess up to an ounce of usable cannabis in those places. Some exceptions may apply, so check the ordinances of jurisdictions you're not familiar with.

Adults over 21 years of age are permitted to possess a certain amount of cannabis without violating Montana marijuana laws. The possession limit and purchase cap at state-licensed dispensaries are the same and can be any of the following:

• 1 ounce of marijuana flower
• 8 grams of cannabis concentrate
• 800 milligrams of THC (tetrahydrocannabinol)-infused edible cannabis products such as gummies, candies, beverages, and baked goods

There are also limits on the potency of marijuana products. These include:

• Cannabis flower cannot exceed 35% THC
• Edibles cannot exceed 10 milligrams of THC per serving or 100 milligrams of THC per package
• Topicals cannot contain more than 6% THC or 800 milligrams per package

There is a 20% excise tax on all recreational marijuana purchases. After paying CCA operating expenses, tax money gathered is used for substance abuse recovery programs, aid for families of veterans, and conservation issues. Counties may also access a local sales tax of up to 3%.

Recreational users may also cultivate and process up to two mature cannabis plants and two seedlings at a time at their residences for personal use. If there are at least two legal-age adults in the house, up to four mature plants and four seedlings are permitted.

All growing must be done in a locked and enclosed area outside of public view. Violations can lead to fines, forfeiture of the plants, and possible incarceration.

Selling any personal-use marijuana is illegal. You can share up to an ounce as long as you don't receive any payment.

Montana Medical Marijuana Use Laws

The Montana Medical Marijuana Program (MMMP) is overseen by the Montana Cannabis Control Division (CCD).

To be considered for admission into the MMMP, you must get a written certification from a Montana physician in good standing stating that you are living with one of the following conditions:

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

Other conditions may qualify. Check with your physician or contact the CCD.

Once you've gotten the written recommendation from your physician, you can apply through the Montana TransAction Portal. The fee is $20. A successful application will allow you to download and print a temporary medical marijuana card, which will allow you to buy medical marijuana from licensed dispensaries. The MMMP will send your actual card within 60 days.

Medical marijuana patients are limited to purchasing 1 ounce of medical marijuana or the equivalent of marijuana products per day. They are permitted to buy up to 5 ounces per month.

Being a qualified patient of the MMMP offers several advantages over recreational purchases. Medical marijuana is not subject to the same THC caps that adult-use cannabis is. The excise tax for medical marijuana is 4%, and fewer than half of Montana's counties apply a local tax to medical marijuana sales.

MMMP cardholders are also permitted to cultivate and process four mature marijuana plants and four seedlings at their residence. This can rise to eight mature/eight seedlings if there's another adult at the house.

Montana and Expunging Marijuana Charges

When the MMRTA was passed in 2021, it made charges that people had been arrested and convicted for no longer illegal.

Those with certain minor marijuana offenses can petition to have their conviction expunged (erased), resentenced, or reduced to a civil infraction. The Office of the Court Administrator offers step-by-step instructions and links to all necessary forms.

Montana Marijuana Law Penalties

It's important to remember that legalized marijuana doesn't make every cannabis activity legal. For example, operating a motor vehicle while impaired by marijuana carries the same penalties as a DUI from alcohol would.

Anyone convicted of a misdemeanor marijuana crime must attend a mandatory dangerous drug information course.

In addition to recapping what you've learned above, the table below offers a detailed breakdown of Montana marijuana law penalties.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, it's best to consult with a local drug crime attorney to learn how these laws might apply to you.

Montana Marijuana Laws: Related Resources

• State Marijuana Laws
• Marijuana Legalization and Decriminalization Overview
• FindLaw's Cannabis Law Center
• Montana Criminal Statute of Limitations Laws
• MMMP Cardholder Information

Facing Marijuana Charges in Montana? Speak with an Attorney

It can be challenging to keep up with the ever-changing laws relating to marijuana. The consequences of a marijuana law mistake can be life-altering. If you have questions or need someone to advocate on your behalf, consider consulting a Montana criminal defense attorney near you. Their familiarity with Montana law can get you the best outcome possible.