Montana Marijuana Laws
Updated on Friday April 29, 2022
Reviewed By Stephanie Bagnall, J.D. on April 7, 2022
Both Medical and Recreational Marijuana are legal in Montana. The state legalized recreational marijuana in the November 2020 election, with the passing of the Marijuana Legalization Initiative, I-190. Recreational sales began on January 1, 2022.
Montana made its first steps towards becoming a medicinal marijuana state in 2004 with the voter approval of I-148. The state's medical marijuana program has undergone a number of revisions since then, most notably Initiative 182 in 2016. A timeline of medical marijuana laws in Montana can be found here. House Bill 701, passed in May of 2021 made additional changes to both medical and adult-use cannabis in the state, primarily changing the number of plants allowed for cultivation and defining limits for edible cannabis possession and purchase.
Possession
I-190 allows adults twenty-one (21) and older to possess up to one (1) ounce of cannabis, of that ounce, no more than eight (8) grams may be concentrate, and no more than eight hundred (800) mg may be in edible or infused form.
Registered medical marijuana cardholders are allowed to possess up to one ounce of usable medical cannabis.
Any marijuana produced by a home grow (which must follow the state's cultivation guidelines) over one (1) ounce must be kept in a locked place in a private residence, out of view from the public.
Purchasing Limits
The purchasing limit matches the state limit of possession at one (1) ounce, of which no more than eight (8) grams can be in concentrate form, and more than eight hundred (800) mg in edible form.
Medical marijuana cardholders have the same purchasing limitations. After the passing of SB265, medical patients may purchase up to five (5) ounces a month, and no more than one (1) ounce a day. Where to Buy
Qualifying Patients
The following medical conditions are recognized by the state's medical marijuana program:
Qualifying Medical Cannabis Conditions
- Admittance into hospice care in accordance with department rules
- Cachexia or wasting syndrome
- Cancer
- Central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
- Crohn's disease
- Epilepsy or an intractable seizure disorder
- Glaucoma
- Intractable nausea or vomiting
- Multiple sclerosis
- Painful peripheral neuropathy
- Positive status for HIV or AIDS
- Post-traumatic stress disorder (PTSD)
- Severe chronic pain
Consumption
Both medical and recreational marijuana can only be consumed on private property away from public view.
Driving Under the Influence
It is illegal to consuming marijuana or being under the influence while driving, flying an aircraft, or boating.
Transporting and Exporting Marijuana
Registered medical patients are allowed to transport their medicinal cannabis as needed so long as it is not accessed by anyone in the vehicle. Exporting cannabis of any kind across state lines remains a federal offense
Cultivation
House Bill 701, passed in May of 2021, amends the amount of plants allowable for cultivation for both medical and recreational cannabis. Montana residents twenty-one (21) and older may cultivate up to two (2) mature marijuana plants and two (2) seedlings, registered medical cardholders may cultivate up to four (4) mature plants and four (4) seedlings. HB 701, also allows medical cardholders who cultivate their own plants to also purchase from medical dispensaries (previously this was not allowed).Explore Strains
Delivery
Montana's cannabis regulations do not allow delivery.
Reciprocity
Montana allows for medical marijuana reciprocity for use and possession but does not allow out-of-state medical patients to shop at Montana medical dispensaries.
Home Extraction
Home concentrate production is only permitted when using water, glycerin, propylene glycol, vegetable oil, or food-grade ethanol. Use of any other solvents or materials is not permitted without a license.
*Legal Disclaimer: This article is not meant to serve as legal advice and is for informational purposes only. Laws and regulations are always changing. Therefore, if you have any legal questions regarding Montana's medical marijuana laws you must consult with a licensed Montana attorney.
Expert Reviewer
Stephanie Bagnall is a legal research and writing expert who supports nonprofits, law firms and other organizations in a wide variety of industries all over the country. She is also a passionate advocate for civil rights and people with disabilities.