Montana Marijuana Laws
Montana State Information Page
- Medical and recreational use is legalized.
- Decriminalized statewide for personal use
- Adult residents may possess one ounce of cannabis
- Cultivation of up to four plants (two mature, two seedlings) per residence is allowed
Medical Cannabis Savings
Taxes explained and the benefits of getting your medical card in Montana
Recreational Marijuana Taxes in Montana
20% excise tax (proposed)
Medical Marijuana Taxes in Montana
4% excise tax
Savings
Estimated Savings Having a Medical Marijuana Card
16%
Marijuana has been legal for recreational use in Montana since 2021 for adults, and medical marijuana has been legal since 2004 for medical cardholders and caregivers.
State Laws and Offenses
Here’s a list of penalties for Montana possession, sale, and distribution of marijuana, concentrate, or paraphernalia.
- Similar to federal law, Marijuana is a Schedule I substance in the state of Montana
- On a federal level, cannabis is still considered a Schedule I Controlled Substance.
- An adult resident may possess up to one ounce of cannabis
- Possession of more than one ounce of marijuana but less than two ounces of marijuana is a civil infraction punishable at the person’s choice either by a fine of up to 200 USD or the completion of four hours of community service.
- Distribution of more than two ounces of marijuana, with or without compensation, is punishable by a mandatory minimum of one year and a maximum sentence of life imprisonment, and a fine of up to 50,000 USD.
- Those age 21 and older may legally grow no more than two plants and two seedlings at one time.
- Possession, manufacture, or delivery of paraphernalia is a misdemeanor punishable by up to six months of imprisonment and/or a fine of 500 USD.
Montana allows patients with the following conditions to apply for a medical cannabis card:
- Glaucoma
- Positive status for Human Immunodeficiency Virus, or Acquired Immune Deficiency Syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status
- Cachexia or Wasting Syndrome
- Severe chronic pain is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician
- Intractable nausea or vomiting
- Epilepsy or an intractable seizure disorder
- Multiple Sclerosis
- Crohn’s disease
- Painful peripheral neuropathy
- A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
- Admittance into hospice care
- Post-Traumatic Stress Disorder
- Cancer
1.
Book An Appointment
You will schedule an appointment to see a medical marijuana doctor in Montana at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor.
2.
Evaluation
Consult with a doctor for a quick evaluation of your ailments, and ask any questions you may have about medical marijuana treatment.
3.
Approval
Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of Montana to complete the registration process.
Does Montana accept out-of-state medical cards?
Montana does not accept out-of-state medical cards, but an adult medical patient can visit a legal dispensary to purchase with an ID.
When does my Montana medical card expire?
Medical cards expire one year from the date the patient completes the registration process with the state.
Montana marijuana DUI laws
Here are the penalties in Montana for driving under the influence:
- First offense – imprisonment for six months; fine of no more than 1,000 USD; first 24 hours of jail time must be served.
- Second offense – imprisoned not less than seven days, nor more than six months, and fined no more than 1,000 USD; first offenders must serve 48 hours of imprisonment consecutively; the vehicle may be subject to seizure.
- Third offense – imprisoned not less than 30 days, nor more than one year; fine of no more than 5,000 USD; first 48 hours of imprisonment must be served and served consecutively.
Montana marijuana growing laws
You can only grow cannabis if you have a Medical Cannabis Card. You must be 21 years or older and can grow up to 5 cannabis plants in your home, out of sight from the public.
Montana public consumption laws
Montana state law prohibits the use of cannabis in a public place, including for medical patients.
Residents may use no marijuana in the following locations:
- Federal property
- National parks, national forests, reservations
- Land managed by the US Bureau of Land Management
- Federal prisons
- All federal buildings and offices regardless of department
- Federally subsidized housing units also prohibit all forms of cannabis
Montana city specific laws
The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.
FIfty-eight percent of Montana voters approved recreational sales for adults.
Yes, Marijuana inhalation devices are legal and sold in dispensaries in the state of Montana; however, smoking adult-use marijuana is not allowed in public spaces.
Customers will be able to purchase a wide array of products including marijuana flowers, edibles, tinctures, vaporizer cartridges, concentrates, and topicals.
Yes. An adult is allowed to grow up to two mature plants in your own residence.
Yes. Montana law requires all qualified patients to be registered in the state’s medical marijuana program before using cannabis for medicinal purposes.
Requirements for medical marijuana cardholders are as follows:
- New patients must meet with a doctor in person for a review of their medical condition(s) and records to determine if they qualify for the Montana Medical Marijuana program.
- If approved by the doctor, the patient must then register and pay the state application fee online via the TAP Portal.
- A temporary card will be issued to the patient through their TAP Portal license dashboard after submitting payment for the application fee.
- The temporary card will allow new patients to purchase until the official copy of the card arrives in the mail.
As of 2022, there are approximately 380 dispensaries statewide.
Cannabis Policy Reform Timeline
1929: Cannabis was banned in Montana due to the federal prohibition
2004: Voters opted into The Montana Medical Marijuana Act to allow licensed medical marijuana providers to issue medical marijuana cards to residents.
2016: I-182 Montana Medical Marijuana Initiative eliminated many of the more strict requirements of SB-423 and added chronic pain and Post-Traumatic Stress Disorder (PTSD) as qualifying conditions.
2017: A house bill created more detailed regulations, allows additional chemical manufacturing of marijuana products, and created a tax on gross sales.
2019: SB265 increased the tax on medicinal marijuana providers according to the Montana Department of Revenue, while it also made it easier for patients to get cannabis from other medical marijuana businesses.
2020: Residents voted in favor of a recreational marijuana launch. I-190 Adult-Use Recreational Marijuana was passed to legalize the ability to sell recreational marijuana to adult residents; criminal possession or use of less than one ounce of recreational cannabis no longer applies under state law for adults 21 and older. Adults may plant and cultivate up to four mature marijuana plants and four seedlings.
2022: Legal recreational marijuana sales began on January 1, 2022, and are regulated by the state’s Cannabis Control Division.