Medical and recreational cannabis are fully legal in Montana.

In 2004, medical marijuana was legalized with the passage of Measure I-148. Recreational marijuana became legal 16 years later when Measure I-190 was signed into law. Although marijuana is legal in Montana, it is illegal to cultivate, possess, and consume cannabis in public spaces.

Marijuana Laws in Montana

Marijuana is legal for both medical and recreational use in the state of Montana. Each program is made up of a comprehensive set of rules consumers are expected to follow.

Medical Cannabis Laws

Medical marijuana was legalized in 2004 with the passage of the Montana Medical Marijuana Allowance Initiative (Measure I 148). While its provisions have been challenged over the years, medical marijuana remains legal in Montana. Patients at least 18 years of age with a valid medical marijuana card may possess up to 1 ounce of cannabis, four mature plants, and up to 12 seedlings. Patients under 18 must have a designated purchaser to purchase and administer medical marijuana. Montana charges a 4% tax on medical marijuana and related marijuana products.

Although recreational cannabis is legal in Montana, there are a few advantages to being a medical marijuana patient. Both medical and recreational consumers may possess up to 1 ounce of marijuana at a time. However, adult-use products may not exceed 35% total THC per dry flower weight, with additional potency limits on various product types.

Ultimately, medical users have access to higher-potency cannabis than adult-use consumers. In addition, patients with a valid medical marijuana card pay only 4% in sales tax, while recreational consumers spend more than five times that amount.

Recreational Marijuana Laws

Recreational cannabis use was legalized following the passage of Measure I-190 in 2020. Adults at least 21 years of age may possess and consume up to 1 ounce of marijuana and cultivate no more than two mature plants and two seedlings for private use. Plants must not be visible to the public. Cannabis possession and consumption are also prohibited in public spaces. Penalties for violating Montana’s cannabis laws range from a civil infraction to a felony, depending on the severity of the crime.

Montana’s 20% tax on recreational marijuana sales generates millions of dollars in revenue each year, which is split among a variety of programs, including substance abuse prevention, wildlife initiatives, crisis treatment, and veterans services.

While marijuana and hemp-based CBD are legal in Montana, synthetic cannabinoids like delta-8, delta-10, and HHC are not. Lastly, Adult-use cannabis is not legal everywhere in Montana. Only districts that voted in favor of legalization (also known as “green counties”) conduct adult-use cannabis sales. It remains illegal in counties that voted against the measure.

What to Know About About Medical Cannabis in Montana

Despite strides in legislation, cannabis is still considered a prohibited Schedule I drug. Without federal approval, it’s up to each state to develop and implement its own set of marijuana laws. As the legal landscape unfolds, Montana has established regulations to ensure the safe and lawful use of medical cannabis.

Certain Medical Conditions Qualify for Medical Cannabis

The following is a list of qualifying conditions for medical marijuana in Montana:

• Cachexia or Wasting Syndrome
• Cancer
• Crohn’s Disease
• Epilepsy
• Glaucoma
• Intractable Nausea or Vomiting
• Intractable Seizure Disorder
• Multiple Sclerosis (MS)
• Painful Peripheral Neuropathy
• Post-Traumatic Stress Disorder (PTSD)
• Severe Chronic Pain
• A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
• Admittance into hospice care in accordance with rules adopted by the department

Telemedicine Is Allowed

Patients in Montana may receive evaluations and recommendations via telemedicine. Connect with a physician at Leafwell today to get started.

Montana Does Not Have Medical Cannabis Reciprocity Laws

Although Montana does not have medical marijuana reciprocity, a Montana medical card may be recognized in the following states:

• Arizona
• Arkansas *
• Delaware
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• New York
• Oregon
• Vermont
• Washington

There Are Employment Protections for Cardholders

While employers can implement workplace drug tests, the passage of House Bill 655 provides certain protections for off-duty marijuana use. Although employers cannot terminate employment for lawful cannabis consumption during nonworking hours, they may take adverse action if marijuana use:

• Occurs during work hours.
• Hinders an employee’s ability to perform their job correctly or affects the safety or responsibilities of others in the company.
• Conflicts with a bona fide occupational qualification that is reasonably related to the job description.
• Violates a personal service contract with an employer.
• Conflicts with the nature of a non-profit organization and its objectives if they include discouraging the use of marijuana.

Can You Grow Cannabis In Montana?

Yes, each patient, or their designated purchaser, may grow up to four mature and four immature plants. A maximum of eight mature and eight immature plants may be cultivated per household if multiple adults share a residence.

Adults 21 and older may cultivate no more than two marijuana plants and two seedlings for personal use within their private residences, with no more than four mature plants and four seedlings within a shared residence. Plants must be secured in an enclosed area beyond public view.

The Bottom Line

Marijuana is legal for both medical and recreational use in the state of Montana.

Medical cannabis is accessible to those with a valid medical marijuana card. Patients may possess up to 1 ounce of cannabis and cultivate four mature plants with no more than 12 seedlings. Recreational users at least 21 years of age may also possess up to 1 ounce of marijuana and cultivate up to two mature plants and two seedlings. Rules for consumption, possession, and cultivation stipulate that marijuana is prohibited from public places.

Although cannabis is legal in Montana, current laws ban the use of synthetic cannabinoids, including delta-8, delta-10, and HHC. As cannabis legislation continues to develop, residents should follow the Cannabis Control Division for any updates or changes in cannabis laws.