Montana Cannabis Laws

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Legal status

  • Fully legal

Possession limits

  • Medical patients

    1 oz

  • Recreational users

    1 oz

State taxes

  • Medical patients

    4%

  • Recreational users

    20%Coming 2022

Cultivation

  • Medical patients

    8Max 4 mature

  • Recreational users

    8Max 4 mature


  • Cultivation is legal
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Application process

To apply for a medical cannabis card in the state of Montana

Once you have registered with Leafwell and been approved by one of our medical marijuana doctors online, apply to the state medical marijuana program. Receive your MMJ card and start shopping for your medical cannabis from a licensed dispensary.

Get your card

Table of contents

  1. Is cannabis legal in Montana?
  2. What are the medical marijuana laws in Montana?
  3. What medical conditions qualify for a Medical Marijuana Card in Montana?
  4. How do I get certified for medical cannabis in Montana?
  5. Is telemedicine allowed for medical cannabis consultations in Montana?
  6. How much cannabis can I possess in Montana with an MMJ Card
  7. Is it legal to grow cannabis in Montana?
  8. Does Montana accept out-of-state cards?
  9. Will my Montana card be accepted in other states?
  10. Are there employment laws protecting medical cannabis card holders in Montana?
  11. What are the medical cannabis product testing requirements in Montana?
  12. Where is it safe to purchase cannabis in Montana?
  13. Where is it safe to consume marijuana in Montana?

Montana has legalized both medical marijuana and adult use of cannabis.


What are the medical marijuana laws in Montana?

Medical cannabis laws in Montana

2004

Measure I 148, the Montana Medical Marijuana Act or the Montana Medical Marijuana Allowance Initiative.

2011

Senate Bill 423, passed by the 2011 Legislature, repeals I-148 and enacts a new medical marijuana program, which includes: permitting patients to grow marijuana or designate a provider; limiting each marijuana provider to three patients; prohibiting marijuana providers from accepting anything of value in exchange for services or products; granting local governments authority to regulate marijuana providers; establishing specific standards for demonstrating chronic pain; and reviewing the practices of doctors who certify marijuana use for 25 or more patients in a 12-month period.

2017

Senate Bill 333 (SB 333) also imposes a 4% tax on medical marijuana beginning July 1, 2017 and decreases to 2% beginning on July 1, 2018.

Some towns and cities, like Billings, have banned or attempted to ban medical marijuana dispensaries operating in their jurisdictions. These bans have not always proven successful.

Recreational cannabis in Montana

2020

  • Initiative No. 90
  • I-190 legalizes the possession and use of limited amounts of marijuana for adults over the age of 21. I-190 requires the Department of Revenue to license and regulate the cultivation, transportation, and sale of marijuana and marijuana-infused products and to inspect premises where marijuana is cultivated and sold.
  • Note that only counties which voted to legalize allow recreational. Those who voted against the initiative did not legalize. Click here for an up to date overview.

What medical conditions qualify for a Medical Marijuana Card in Montana?

The Montana law lists the following medical conditions as qualifiers for a medical cannabis card:

  • AIDS/HIV
  • Cachexia or Wasting Syndrome
  • Cancer
  • Chronic Inflammatory Demyelinating Polyneuropathy
  • Crohn’s Disease
  • Glaucoma
  • Intractable Nausea or Vomiting
  • 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
  • Any other medical condition or treatment for a medical condition approved by the legislature

How do I get certified for medical cannabis in Montana?

With Leafwell, you can get your Montana Medical Marijuana Card in 4 simple steps:

  1. Register online with Leafwell – It’s quick and easy! Plus all of your data and medical records are secure on our state-of-the-art telemedicine platform.
  2. Speak with a certified physician, licensed in Montana state – Leafwell has an experienced team ready to meet with you. This consultation fee is $149 for an examination. The process is quick, simple and HIPAA-compliant. Most appointments take 15 minutes or less.
  3. Submit your application to the State website – You will need to submit your doctor’s certificate and personal information and proof of identifications to the Montana state website. During the application, you will need to state whether you plan to grow your own cannabis or shop at a dispensary – you cannot do both. If registered cardholders are growing marijuana for their use only, they do not need to have a background check, or register as a provider. Registered cardholder names will not be on a list given to law enforcement. Law enforcement can call the department to verify that individuals are registered cardholders or providers. Whether or not the laws on recreational cannabis will change the right to grow and use a dispensary for medical patients is not entirely clear for us yet – we will update when we find out!
    Montana does not, however, have a caregiver program per se, as it was replaced by the Provider/Marijuana Infused Products Provider (MIPP) program. This means that, when it comes to Montana’s medical marijuana program, someone who might be the child’s caregiver (e.g. parent or legal guardian) would be known as a “provider”. You can find the Montana Provider Application form here. Physicians also need to fill out a physician statement for minors if they are certifying someone who is under 18 years-old. Those with criminal convictions may not be eligible for Montana’s Provider Program.
  4. Once approved, you can print your medical marijuana card that same day – You can print out a temporary access certificate and shop immediately at any Montana dispensary. A card will be mailed to you within 30 days from the Montana state program.

It is a requirement for patients to register with the Montana Medical Marijuana program (the Complia health portal) and the DPHSS. The state maintains a confidential list of persons with patient ID cards. Only the Montana department of health and human services and state and local law enforcement agencies may access the list. Law enforcement may only access the list to verify a person’s patient status.

We also offer renewal services from $149. If your MMJ Card is due to expire, get in touch with Leafwell today and book your appointment to obtain your certificate.

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Is telemedicine allowed for medical cannabis consultations in Montana?

Yes, telemedicine is legal in Montana and you can get certified for cannabis online.


How much cannabis can I possess in Montana with an MMJ Card

1 oz. usable cannabis flower, 8 gram concentrate for both medical and recreational cannabis users.


Up to 4 mature and 4 immature plants if the patient has not elected a dispensary provider. A maximum of 8 mature and 8 immature plants per household. Montana residents aged 21 and older to grow no more than four marijuana plants and four seedlings for personal use in their residence, as long as the plants are within an enclosed area with a lock and beyond public view.


Does Montana accept out-of-state cards?

Montana recognizes other states’ medical cannabis programs and medical marijuana cards. Montana has reciprocity.


Will my Montana card be accepted in other states?

A Montana medical cannabis card is recognized by other states with medical marijuana reciprocity laws.

The following states accept or recognize out-of-state medical marijuana cards:

  • Arizona
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • Oklahoma
  • Puerto Rico
  • Rhode Island
  • US Virgin Islands
  • Utah
  • Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:

  • Arkansas
  • California
  • Hawaii
  • West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders in Montana?

Although employers can still have workplace drug tests, recent laws passed, namely House Bill 655 (effective July 1, 2021) and amendments to the existing I-190, suggest that there may be some protections for medical marijuana patients in future, protecting off-work use. Past cases have allowed employers to terminate employees even for legal, off-site use, but this is no longer the case.

Employers may still prohibit employees from possessing or consuming cannabis at the workplace. Employers may also take adverse action against employees if their off-duty marijuana use:

  • Affects employees’ ability to perform their job properly, or affects the safety or responsibilities of others in the company
  • Conflicts with a bona fide occupational qualification that is reasonably related to the employees’ employment
    Violates a personal service contract with an employer
  • Conflicts with the nature of a non-profit organization and their objectives, whose objectives include discouraging the use of marijuana.

What are the medical cannabis product testing requirements in Montana?

Medical cannabis in Montana must be tested for cannabinoid content, pesticides, mycotoxins, pollutants and mold. Third-party testing is mandatory, but self-policed.


Where is it safe to purchase cannabis in Montana?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.


Where is it safe to consume marijuana in Montana?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.